|
|
| To amend sections 9.24, 9.981, 101.68, 102.02, | 1 |
| 102.06, 108.05, 109.54, 109.57, 109.79, 109.91, | 2 |
| 109.98, 117.10, 120.06, 120.13, 120.23, 120.52, | 3 |
| 120.53, 121.37, 121.38, 122.011, 122.17, 122.171, | 4 |
| 122.18, 122.40, 122.603, 122.71, 122.72, 122.73, | 5 |
| 122.74, 122.75, 122.751, 122.76, 122.77, 122.78, | 6 |
| 122.79, 122.82, 122.83, 122.95, 122.951, 123.01, | 7 |
| 123.152, 123.17, 124.07, 124.321, 124.328, | 8 |
| 125.041, 125.05, 125.11, 125.831, 125.832, 126.25, | 9 |
| 127.16, 131.02, 131.23, 133.08, 133.081, 133.09, | 10 |
| 140.01, 141.011, 141.04, 145.01, 145.33, 147.05, | 11 |
| 147.10, 147.11, 147.12, 147.371, 149.30, 150.07, | 12 |
| 150.10, 154.11, 173.26, 173.40, 173.99, 181.251, | 13 |
| 181.51, 181.52, 181.54, 181.55, 181.56, 183.28, | 14 |
| 184.02, 305.171, 307.37, 307.695, 307.86, 307.88, | 15 |
| 317.08, 317.36, 319.20, 319.302, 321.24, 323.01, | 16 |
| 323.152, 325.31, 329.04, 329.051, 339.72, 339.88, | 17 |
| 340.03, 340.16, 351.01, 351.021, 351.06, 351.141, | 18 |
| 351.16, 718.09, 718.10, 731.14, 731.141, 742.59, | 19 |
| 901.43, 903.05, 905.32, 905.33, 905.331, 905.36, | 20 |
| 905.37, 905.38, 905.381, 905.50, 905.501, 905.66, | 21 |
| 907.16, 913.02, 913.23, 915.02, 915.16, 915.24, | 22 |
| 921.02, 921.16, 923.44, 923.45, 923.46, 926.01, | 23 |
| 927.69, 1111.04, 1327.511, 1502.02, 1509.06, | 24 |
| 1509.072, 1509.31, 1515.14, 1517.02, 1521.062, | 25 |
| 1531.27, 1533.10, 1533.11, 1533.111, 1533.112, | 26 |
| 1533.12, 1533.32, 1541.03, 1548.06, 1707.01, | 27 |
| 1707.17, 1707.19, 1707.20, 1707.22, 1707.23, | 28 |
| 1707.25, 1707.261, 1707.431, 1707.44, 1707.46, | 29 |
| 1711.52, 1711.53, 1713.03, 1751.03, 1751.04, | 30 |
| 1751.05, 1901.26, 1901.31, 1907.24, 2113.041, | 31 |
| 2117.061, 2151.352, 2151.416, 2152.43, 2152.74, | 32 |
| 2303.201, 2305.234, 2329.66, 2743.191, 2744.05, | 33 |
| 2744.08, 2901.07, 2913.40, 2921.13, 2923.25, | 34 |
| 2923.35, 2923.46, 2925.44, 2933.43, 2933.74, | 35 |
| 2949.092, 2971.05, 3107.10, 3111.04, 3119.54, | 36 |
| 3121.12, 3121.50, 3125.18, 3301.079, 3301.0710, | 37 |
| 3301.0711, 3301.0714, 3301.0715, 3301.12, 3301.16, | 38 |
| 3301.311, 3301.32, 3301.56, 3301.86, 3301.88, | 39 |
| 3302.03, 3313.207, 3313.208, 3313.209, 3313.489, | 40 |
| 3313.975, 3313.976, 3313.977, 3313.978, 3313.98, | 41 |
| 3314.013, 3314.015, 3314.02, 3314.021, 3314.03, | 42 |
| 3314.031, 3314.032, 3314.06, 3314.074, 3314.08, | 43 |
| 3314.13, 3315.17, 3315.18, 3315.37, 3316.06, | 44 |
| 3316.16, 3317.01, 3317.013, 3317.02, 3317.021, | 45 |
| 3317.022, 3317.023, 3317.024, 3317.026, 3317.027, | 46 |
| 3317.028, 3317.029, 3317.0216, 3317.0217, 3317.03, | 47 |
| 3317.031, 3317.05, 3317.052, 3317.053, 3317.06, | 48 |
| 3317.063, 3317.07, 3317.081, 3317.09, 3317.10, | 49 |
| 3317.16, 3317.20, 3317.21, 3317.22, 3317.23, | 50 |
| 3317.50, 3317.51, 3318.091, 3318.33, 3319.081, | 51 |
| 3319.17, 3319.22, 3319.235, 3319.55, 3323.021, | 52 |
| 3323.091, 3323.14, 3323.16, 3327.01, 3332.092, | 53 |
| 3333.04, 3333.044, 3333.12, 3333.121, 3333.27, | 54 |
| 3333.28, 3333.36, 3333.38, 3334.01, 3334.02, | 55 |
| 3334.03, 3334.07, 3334.08, 3334.09, 3334.10, | 56 |
| 3334.11, 3334.12, 3334.15, 3334.16, 3334.17, | 57 |
| 3334.18, 3334.19, 3335.02, 3345.10, 3345.19, | 58 |
| 3345.32, 3353.01, 3353.04, 3353.06, 3353.07, | 59 |
| 3362.02, 3365.01, 3365.02, 3365.04, 3365.041, | 60 |
| 3365.05, 3365.08, 3375.40, 3375.48, 3375.49, | 61 |
| 3375.54, 3375.55, 3381.02, 3381.04, 3381.05, | 62 |
| 3381.06, 3381.07, 3381.15, 3383.02, 3383.09, | 63 |
| 3501.141, 3501.17, 3513.04, 3513.041, 3513.05, | 64 |
| 3513.052, 3513.257, 3513.259, 3513.261, 3517.13, | 65 |
| 3517.151, 3701.023, 3701.146, 3701.65, 3702.141, | 66 |
| 3702.51, 3702.68, 3702.71, 3702.74, 3703.01, | 67 |
| 3703.03, 3703.04, 3703.05, 3703.06, 3703.07, | 68 |
| 3703.08, 3703.10, 3703.99, 3704.035, 3704.143, | 69 |
| 3704.99, 3705.24, 3712.03, 3714.07, 3721.01, | 70 |
| 3721.011, 3721.02, 3721.03, 3721.07, 3721.121, | 71 |
| 3721.15, 3721.19, 3721.21, 3721.50, 3721.51, | 72 |
| 3721.52, 3721.56, 3721.58, 3722.01, 3722.02, | 73 |
| 3722.04, 3734.01, 3734.20, 3734.21, 3734.22, | 74 |
| 3734.23, 3734.28, 3734.57, 3734.573, 3734.85, | 75 |
| 3734.901, 3734.9010, 3735.27, 3743.01, 3743.02, | 76 |
| 3743.04, 3743.05, 3743.06, 3743.15, 3743.17, | 77 |
| 3743.18, 3743.19, 3743.57, 3743.59, 3743.65, | 78 |
| 3743.75, 3745.11, 3745.12, 3746.04, 3746.071, | 79 |
| 3748.07, 3748.13, 3773.34, 3773.38, 3773.39, | 80 |
| 3773.40, 3773.57, 3781.07, 3781.10, 3781.102, | 81 |
| 3793.09, 3901.021, 3901.17, 3901.3814, 3901.78, | 82 |
| 3903.14, 3903.42, 3905.04, 3905.36, 3905.40, | 83 |
| 3923.27, 4112.12, 4115.32, 4115.34, 4117.10, | 84 |
| 4117.24, 4121.12, 4121.121, 4121.125, 4123.27, | 85 |
| 4123.44, 4123.47, 4301.10, 4301.43, 4303.182, | 86 |
| 4501.01, 4501.37, 4503.103, 4503.471, 4503.48, | 87 |
| 4503.50, 4503.53, 4503.571, 4503.59, 4503.73, | 88 |
| 4503.85, 4503.91, 4505.06, 4506.03, 4506.07, | 89 |
| 4511.191, 4511.75, 4517.01, 4519.01, 4519.02, | 90 |
| 4519.09, 4561.17, 4561.18, 4561.21, 4703.15, | 91 |
| 4705.09, 4709.05, 4713.02, 4717.05, 4723.32, | 92 |
| 4723.33, 4723.34, 4723.341, 4723.63, 4731.65, | 93 |
| 4731.71, 4736.11, 4736.12, 4740.14, 4753.03, | 94 |
| 4753.06, 4753.071, 4753.08, 4753.09, 4755.03, | 95 |
| 4755.48, 4766.09, 4905.10, 4905.54, 4905.95, | 96 |
| 4911.18, 4973.171, 5101.16, 5101.181, 5101.184, | 97 |
| 5101.21, 5101.241, 5101.26, 5101.31, 5101.35, | 98 |
| 5101.36, 5101.46, 5101.47, 5101.75, 5101.752, | 99 |
| 5101.80, 5101.801, 5101.821, 5104.01, 5104.02, | 100 |
| 5104.32, 5107.05, 5107.10, 5107.26, 5107.30, | 101 |
| 5107.58, 5110.01, 5110.05, 5110.352, 5110.39, | 102 |
| 5111.011, 5111.019, 5111.0112, 5111.02, 5111.021, | 103 |
| 5111.022, 5111.023, 5111.025, 5111.042, 5111.06, | 104 |
| 5111.082, 5111.11, 5111.111, 5111.113, 5111.16, | 105 |
| 5111.17, 5111.19, 5111.20, 5111.204, 5111.21, | 106 |
| 5111.22, 5111.221, 5111.23, 5111.231, 5111.235, | 107 |
| 5111.241, 5111.25, 5111.251, 5111.255, 5111.257, | 108 |
| 5111.26, 5111.261, 5111.263, 5111.264, 5111.27, | 109 |
| 5111.28, 5111.29, 5111.291, 5111.30, 5111.31, | 110 |
| 5111.32, 5111.33, 5111.62, 5111.81, 5111.85, | 111 |
| 5111.87, 5111.871, 5111.88, 5111.97, 5111.99, | 112 |
| 5112.03, 5112.08, 5112.17, 5112.30, 5112.31, | 113 |
| 5115.20, 5115.22, 5115.23, 5119.61, 5120.09, | 114 |
| 5120.51, 5121.01, 5121.02, 5121.03, 5121.04, | 115 |
| 5121.05, 5121.06, 5121.061, 5121.07, 5121.08, | 116 |
| 5121.09, 5121.10, 5121.11, 5121.12, 5121.21, | 117 |
| 5122.03, 5122.31, 5123.01, 5123.045, 5123.046, | 118 |
| 5123.047, 5123.049, 5123.0412, 5123.34, 5123.41, | 119 |
| 5123.701, 5123.71, 5123.76, 5126.01, 5126.035, | 120 |
| 5126.042, 5126.054, 5126.055, 5126.056, 5126.057, | 121 |
| 5126.12, 5139.01, 5139.36, 5153.16, 5502.01, | 122 |
| 5502.03, 5531.10, 5540.01, 5540.09, 5549.01, | 123 |
| 5552.01, 5573.13, 5703.052, 5703.053, 5703.47, | 124 |
| 5703.50, 5703.70, 5703.80, 5705.091, 5705.391, | 125 |
| 5705.40, 5709.07, 5709.12, 5709.121, 5709.40, | 126 |
| 5709.73, 5709.77, 5709.78, 5711.01, 5711.16, | 127 |
| 5711.21, 5711.22, 5711.28, 5713.01, 5715.01, | 128 |
| 5715.24, 5719.041, 5725.01, 5725.19, 5727.01, | 129 |
| 5727.02, 5727.06, 5727.08, 5727.10, 5727.11, | 130 |
| 5727.111, 5727.12, 5727.23, 5727.84, 5727.85, | 131 |
| 5728.01, 5728.02, 5728.03, 5728.04, 5728.06, | 132 |
| 5728.08, 5729.08, 5731.01, 5731.05, 5731.131, | 133 |
| 5731.14, 5731.18, 5731.181, 5731.22, 5731.23, | 134 |
| 5731.39, 5731.41, 5733.01, 5733.065, 5733.066, | 135 |
| 5733.33, 5733.351, 5733.352, 5733.40, 5733.41, | 136 |
| 5733.49, 5733.98, 5737.03, 5739.01, 5739.02, | 137 |
| 5739.025, 5739.03, 5739.033, 5739.034, 5739.035, | 138 |
| 5739.08, 5739.09, 5739.10, 5739.12, 5739.16, | 139 |
| 5739.17, 5741.02, 5741.16, 5743.01, 5743.02, | 140 |
| 5743.03, 5743.05, 5743.071, 5743.08, 5743.10, | 141 |
| 5743.111, 5743.112, 5743.14, 5743.15, 5743.16, | 142 |
| 5743.18, 5743.19, 5743.20, 5743.32, 5743.33, | 143 |
| 5747.01, 5747.012, 5747.02, 5747.05, 5747.08, | 144 |
| 5747.113, 5747.212, 5747.331, 5747.70, 5747.80, | 145 |
| 5747.98, 5748.01, 5748.02, 5748.03, 5748.04, | 146 |
| 5748.08, 5749.02, 5907.15, 5919.33, 5920.01, | 147 |
| 6109.21, 6121.04, and 6123.04; to contingently | 148 |
| amend sections 9.833, 9.90, 3311.19, 3313.12, | 149 |
| 3313.202, 3313.33, 4117.03, and 4117.08; to amend, | 150 |
| for the purpose of adopting new section numbers as | 151 |
| indicated in parentheses, sections 181.251 | 152 |
| (5502.63), 181.51 (5502.61), 181.52 (5502.62), | 153 |
| 181.54 (5502.64), 181.55 (5502.65), 181.56 | 154 |
| (5502.66), 3314.031 (3314.21), 3314.032 (3314.22), | 155 |
| 3314.034 (3314.24), 3317.21 (3318.47), 3317.22 | 156 |
| (3318.48), 3317.23 (3318.49), 4723.63 (4723.91), | 157 |
| 5101.75 (173.42), 5101.752 (173.43), 5111.02 | 158 |
| (5111.021), 5111.021 (5111.022), 5111.022 | 159 |
| (5111.023), 5111.023 (5111.0115), 5111.112 | 160 |
| (5111.113), 5111.113 (5111.114), 5111.231 | 161 |
| (5111.232), 5111.257 (5111.258), 5111.81 | 162 |
| (5111.085), 5111.88 (5111.97), 5111.97 (5111.86), | 163 |
| 5121.01 (5121.02), 5121.02 (5121.03), and 5121.03 | 164 |
| (5121.01); to enact new sections 3317.012, | 165 |
| 3353.02, 3353.03, 3704.14, 4723.63, 5111.02, | 166 |
| 5111.112, 5111.231, 5111.24, 5111.257, 5111.34, | 167 |
| 5111.88, and 5123.048, and sections 9.23, 9.231, | 168 |
| 9.232, 9.233, 9.234, 9.235, 9.236, 9.237, 9.238, | 169 |
| 9.239, 9.241, 101.391, 103.132, 109.579, 109.981, | 170 |
| 120.07, 120.36, 121.373, 121.381, 121.382, | 171 |
| 121.403, 122.075, 122.083, 122.172, 122.173, | 172 |
| 125.18, 125.25, 125.60, 125.601, 125.602, 125.603, | 173 |
| 125.604, 125.605, 125.606, 125.607, 125.608, | 174 |
| 125.609, 125.6010, 125.6011, 125.6012, 131.022, | 175 |
| 153.02, 173.39, 173.391, 173.392, 173.393, 173.44, | 176 |
| 173.45, 173.46, 173.47, 173.48, 173.49, 173.50, | 177 |
| 305.28, 306.331, 307.676, 341.192, 901.44, | 178 |
| 907.111, 1547.721, 1547.722, 1547.723, 1547.724, | 179 |
| 1547.725, 1547.726, 1707.164, 1707.165, 1711.531, | 180 |
| 1751.271, 2151.282, 2305.2341, 2307.65, 2744.082, | 181 |
| 2913.401, 2927.023, 2949.093, 3125.191, 3302.10, | 182 |
| 3310.01, 3310.02, 3310.03, 3310.04, 3310.05, | 183 |
| 3310.06, 3310.07, 3310.08, 3310.09, 3310.10, | 184 |
| 3310.13, 3310.14, 3310.16, 3310.17, 3311.11, | 185 |
| 3313.6410, 3314.014, 3314.061, 3314.084, 3314.085, | 186 |
| 3314.12, 3314.25, 3314.26, 3314.27, 3314.28, | 187 |
| 3314.35, 3314.36, 3316.043, 3317.016, 3317.017, | 188 |
| 3317.035, 3317.201, 3318.18, 3319.06, 3319.0810, | 189 |
| 3319.172, 3323.20, 3323.30, 3323.31, 3323.32, | 190 |
| 3323.33, 3324.10, 3325.10, 3325.11, 3325.12, | 191 |
| 3325.15, 3325.16, 3325.17, 3333.047, 3333.122, | 192 |
| 3333.123, 3333.162, 3354.25, 3365.11, 3701.073, | 193 |
| 3702.83, 3704.144, 3705.242, 3714.073, 3715.04, | 194 |
| 3721.032, 3721.541, 3721.561, 3745.015, 3745.114, | 195 |
| 3770.061, 3781.191, 3903.421, 4115.36, 4117.103, | 196 |
| 4121.126, 4121.127, 4121.128, 4123.441, 4123.444, | 197 |
| 4123.445, 4506.101, 4506.161, 4723.61, 4723.62, | 198 |
| 4723.621, 4723.64, 4723.65, 4723.651, 4723.652, | 199 |
| 4723.66, 4723.67, 4723.68, 4723.69, 4766.14, | 200 |
| 4905.261, 4911.021, 5101.07, 5101.071, 5101.163, | 201 |
| 5101.244, 5101.461, 5101.802, 5101.803, 5101.93, | 202 |
| 5101.98, 5107.301, 5111.0114, 5111.027, 5111.061, | 203 |
| 5111.062, 5111.083, 5111.084, 5111.10, 5111.161, | 204 |
| 5111.162, 5111.163, 5111.176, 5111.177, 5111.191, | 205 |
| 5111.222, 5111.223, 5111.242, 5111.243, 5111.244, | 206 |
| 5111.254, 5111.265, 5111.266, 5111.65, 5111.651, | 207 |
| 5111.66, 5111.661, 5111.67, 5111.671, 5111.672, | 208 |
| 5111.673, 5111.674, 5111.675, 5111.676, 5111.677, | 209 |
| 5111.68, 5111.681, 5111.682, 5111.683, 5111.684, | 210 |
| 5111.685, 5111.686, 5111.687, 5111.688, 5111.851, | 211 |
| 5111.852, 5111.853, 5111.854, 5111.855, 5111.856, | 212 |
| 5111.881, 5111.882, 5111.883, 5111.884, 5111.885, | 213 |
| 5111.886, 5111.887, 5111.888, 5111.889, 5111.8810, | 214 |
| 5111.8811, 5111.8812, 5111.89, 5111.891, 5111.892, | 215 |
| 5111.893, 5111.914, 5111.915, 5111.971, 5111.98, | 216 |
| 5112.341, 5121.30, 5121.31, 5121.32, 5121.33, | 217 |
| 5121.34, 5121.35, 5121.36, 5121.37, 5121.38, | 218 |
| 5121.40, 5121.41, 5121.42, 5121.43, 5121.44, | 219 |
| 5121.45, 5121.46, 5121.47, 5121.48, 5121.49, | 220 |
| 5121.50, 5121.51, 5121.52, 5121.53, 5121.54, | 221 |
| 5121.55, 5121.56, 5123.16, 5703.057, 5705.211, | 222 |
| 5707.031, 5709.112, 5725.32, 5727.031, 5727.241, | 223 |
| 5729.032, 5739.012, 5739.36, 5743.031, 5743.072, | 224 |
| 5743.331, 5743.71, 5747.056, 5751.01, 5751.011, | 225 |
| 5751.012, 5751.013, 5751.02, 5751.03, 5751.031, | 226 |
| 5751.032, 5751.033, 5751.04, 5751.05, 5751.051, | 227 |
| 5751.06, 5751.07, 5751.08, 5751.081, 5751.09, | 228 |
| 5751.10, 5751.11, 5751.12, 5751.20, 5751.21, | 229 |
| 5751.22, 5751.23, 5751.31, 5751.50, 5751.51, | 230 |
| 5751.52, 5751.53, 5751.98, 5751.99, 5919.31, | 231 |
| 5919.341, 6111.30, 6111.31, and 6111.32; to enact | 232 |
| section 9.901 of the Revised Code (certain of its | 233 |
| phases contingently); and to repeal sections | 234 |
| 181.53, 339.77, 742.36, 1541.221, 3301.31, | 235 |
| 3301.33, 3301.34, 3301.35, 3301.36, 3301.37, | 236 |
| 3301.38, 3301.80, 3301.85, 3301.87, 3311.40, | 237 |
| 3314.15, 3317.012, 3317.0212, 3317.0213, 3353.02, | 238 |
| 3353.03, 3506.17, 3704.14, 3704.142, 3704.17, | 239 |
| 3721.511, 3901.41, 3901.781, 3901.782, 3901.783, | 240 |
| 3901.784, 4519.06, 4519.07, 5101.751, 5101.753, | 241 |
| 5101.754, 5111.041, 5111.205, 5111.24, 5111.262, | 242 |
| 5111.34, 5115.10, 5115.11, 5115.12, 5115.13, | 243 |
| 5115.14, 5123.041, 5123.048, 5571.13, 5731.20, and | 244 |
| 5733.122 of the Revised Code; to amend Sections | 245 |
| 16.09, 19.01, 20.01, 22.03, 22.04, 23.02, 23.12, | 246 |
| 23.13, 23.19, 23.26, 23.45, and 24.01 of Am. Sub. | 247 |
| H.B. 16 of the 126th General Assembly; to amend | 248 |
| Section 3 of Am. H.B. 67 of the 126th General | 249 |
| Assembly; to amend Sections 203.03, 203.03.09, | 250 |
| 203.03.10, 203.06.06, 203.06.12, 203.06.15, and | 251 |
| 203.06.24 of Am. Sub. H.B. 68 of the 126th General | 252 |
| Assembly; to amend Section 41.36 of Am. Sub. H.B. | 253 |
| 95 of the 125th General Assembly and to amend | 254 |
| Section 41.36 of Am. Sub. H.B. 95 of the 125th | 255 |
| General Assembly for the purpose of codifying it | 256 |
| as section 3323.19 of the Revised Code; to amend | 257 |
| Section 14 of Sub. H.B. 434 of the 125th General | 258 |
| Assembly; to amend Section 4 of Am. Sub. H.B. 516 | 259 |
| of the 125th General Assembly; to amend Sections | 260 |
| 3.01, 3.04, and 26.01 of Am. Sub. S.B. 189 of the | 261 |
| 125th General Assembly; to amend Section 22 of Am. | 262 |
| Sub. S.B. 189 of the 125th General Assembly, as | 263 |
| amended by Am. Sub. H.B. 16 of the 126th General | 264 |
| Assembly; to amend Section 3 of Am. Sub. H.B. 621 | 265 |
| of the 122nd General Assembly, as subsequently | 266 |
| amended; to amend Section 153 of Am. Sub. H.B. 117 | 267 |
| of the 121st General Assembly, as subsequently | 268 |
| amended; to amend Section 5 of Am. Sub. S.B. 50 of | 269 |
| the 121st General Assembly, as subsequently | 270 |
| amended; and to repeal Sections 59.19, 89.17, and | 271 |
| 147 of Am. Sub. H.B. 95 of the 125th General | 272 |
| Assembly to make operating appropriations for the | 273 |
| biennium beginning July 1, 2005 and ending June | 274 |
| 30, 2007, and to provide authorization and | 275 |
| conditions for the operation of state programs, | 276 |
| and to repeal Section 553.01 of this act on | 277 |
| February 16, 2006. | 278 |
| Section 101.01. That sections 9.24, 9.981, 101.68, 102.02, | 279 |
| 102.06, 108.05, 109.54, 109.57, 109.79, 109.91, 109.98, 117.10, | 280 |
| 120.06, 120.13, 120.23, 120.52, 120.53, 121.37, 121.38, 122.011, | 281 |
| 122.17, 122.171, 122.18, 122.40, 122.603, 122.71, 122.72, 122.73, | 282 |
| 122.74, 122.75, 122.751, 122.76, 122.77, 122.78, 122.79, 122.82, | 283 |
| 122.83, 122.95, 122.951, 123.01, 123.152, 123.17, 124.07, 124.321, | 284 |
| 124.328, 125.041, 125.05, 125.11, 125.831, 125.832, 126.25, | 285 |
| 127.16, 131.02, 131.23, 133.08, 133.081, 133.09, 140.01, 141.011, | 286 |
| 141.04, 145.01, 145.33, 147.05, 147.10, 147.11, 147.12, 147.371, | 287 |
| 149.30, 150.07, 150.10, 154.11, 173.26, 173.40, 173.99, 181.251, | 288 |
| 181.51, 181.52, 181.54, 181.55, 181.56, 183.28, 184.02, 305.171, | 289 |
| 307.37, 307.695, 307.86, 307.88, 317.08, 317.36, 319.20, 319.302, | 290 |
| 321.24, 323.01, 323.152, 325.31, 329.04, 329.051, 339.72, 339.88, | 291 |
| 340.03, 340.16, 351.01, 351.021, 351.06, 351.141, 351.16, 718.09, | 292 |
| 718.10, 731.14, 731.141, 742.59, 901.43, 903.05, 905.32, 905.33, | 293 |
| 905.331, 905.36, 905.37, 905.38, 905.381, 905.50, 905.501, 905.66, | 294 |
| 907.16, 913.02, 913.23, 915.02, 915.16, 915.24, 921.02, 921.16, | 295 |
| 923.44, 923.45, 923.46, 926.01, 927.69, 1111.04, 1327.511, | 296 |
| 1502.02, 1509.06, 1509.072, 1509.31, 1515.14, 1517.02, 1521.062, | 297 |
| 1531.27, 1533.10, 1533.11, 1533.111, 1533.112, 1533.12, 1533.32, | 298 |
| 1541.03, 1548.06, 1707.01, 1707.17, 1707.19, 1707.20, 1707.22, | 299 |
| 1707.23, 1707.25, 1707.261, 1707.431, 1707.44, 1707.46, 1711.52, | 300 |
| 1711.53, 1713.03, 1751.03, 1751.04, 1751.05, 1901.26, 1901.31, | 301 |
| 1907.24, 2113.041, 2117.061, 2151.352, 2151.416, 2152.43, 2152.74, | 302 |
| 2303.201, 2305.234, 2329.66, 2743.191, 2744.05, 2744.08, 2901.07, | 303 |
| 2913.40, 2921.13, 2923.25, 2923.35, 2923.46, 2925.44, 2933.43, | 304 |
| 2933.74, 2949.092, 2971.05, 3107.10, 3111.04, 3119.54, 3121.12, | 305 |
| 3121.50, 3125.18, 3301.079, 3301.0710, 3301.0711, 3301.0714, | 306 |
| 3301.0715, 3301.12, 3301.16, 3301.311, 3301.32, 3301.56, 3301.86, | 307 |
| 3301.88, 3302.03, 3313.207, 3313.208, 3313.209, 3313.489, | 308 |
| 3313.975, 3313.976, 3313.977, 3313.978, 3313.98, 3314.013, | 309 |
| 3314.015, 3314.02, 3314.021, 3314.03, 3314.031, 3314.032, 3314.06, | 310 |
| 3314.074, 3314.08, 3314.13, 3315.17, 3315.18, 3315.37, 3316.06, | 311 |
| 3316.16, 3317.01, 3317.013, 3317.02, 3317.021, 3317.022, 3317.023, | 312 |
| 3317.024, 3317.026, 3317.027, 3317.028, 3317.029, 3317.0216, | 313 |
| 3317.0217, 3317.03, 3317.031, 3317.05, 3317.052, 3317.053, | 314 |
| 3317.06, 3317.063, 3317.07, 3317.081, 3317.09, 3317.10, 3317.16, | 315 |
| 3317.20, 3317.21, 3317.22, 3317.23, 3317.50, 3317.51, 3318.091, | 316 |
| 3318.33, 3319.081, 3319.17, 3319.22, 3319.235, 3319.55, 3323.021, | 317 |
| 3323.091, 3323.14, 3323.16, 3327.01, 3332.092, 3333.04, 3333.044, | 318 |
| 3333.12, 3333.121, 3333.27, 3333.28, 3333.36, 3333.38, 3334.01, | 319 |
| 3334.02, 3334.03, 3334.07, 3334.08, 3334.09, 3334.10, 3334.11, | 320 |
| 3334.12, 3334.15, 3334.16, 3334.17, 3334.18, 3334.19, 3335.02, | 321 |
| 3345.10, 3345.19, 3345.32, 3353.01, 3353.04, 3353.06, 3353.07, | 322 |
| 3362.02, 3365.01, 3365.02, 3365.04, 3365.041, 3365.05, 3365.08, | 323 |
| 3375.40, 3375.48, 3375.49, 3375.54, 3375.55, 3381.02, 3381.04, | 324 |
| 3381.05, 3381.06, 3381.07, 3381.15, 3383.02, 3383.09, 3501.141, | 325 |
| 3501.17, 3513.04, 3513.041, 3513.05, 3513.052, 3513.257, 3513.259, | 326 |
| 3513.261, 3517.13, 3517.151, 3701.023, 3701.146, 3701.65, | 327 |
| 3702.141, 3702.51, 3702.68, 3702.71, 3702.74, 3703.01, 3703.03, | 328 |
| 3703.04, 3703.05, 3703.06, 3703.07, 3703.08, 3703.10, 3703.99, | 329 |
| 3704.035, 3704.143, 3704.99, 3705.24, 3712.03, 3714.07, 3721.01, | 330 |
| 3721.011, 3721.02, 3721.03, 3721.07, 3721.121, 3721.15, 3721.19, | 331 |
| 3721.21, 3721.50, 3721.51, 3721.52, 3721.56, 3721.58, 3722.01, | 332 |
| 3722.02, 3722.04, 3734.01, 3734.20, 3734.21, 3734.22, 3734.23, | 333 |
| 3734.28, 3734.57, 3734.573, 3734.85, 3734.901, 3734.9010, 3735.27, | 334 |
| 3743.01, 3743.02, 3743.04, 3743.05, 3743.06, 3743.15, 3743.17, | 335 |
| 3743.18, 3743.19, 3743.57, 3743.59, 3743.65, 3743.75, 3745.11, | 336 |
| 3745.12, 3746.04, 3746.071, 3748.07, 3748.13, 3773.34, 3773.38, | 337 |
| 3773.39, 3773.40, 3773.57, 3781.07, 3781.10, 3781.102, 3793.09, | 338 |
| 3901.021, 3901.17, 3901.3814, 3901.78, 3903.14, 3903.42, 3905.04, | 339 |
| 3905.36, 3905.40, 3923.27, 4112.12, 4115.32, 4115.34, 4117.10, | 340 |
| 4117.24, 4121.12, 4121.121, 4121.125, 4123.27, 4123.44, 4123.47, | 341 |
| 4301.10, 4301.43, 4303.182, 4501.01, 4501.37, 4503.103, 4503.471, | 342 |
| 4503.48, 4503.50, 4503.53, 4503.571, 4503.59, 4503.73, 4503.85, | 343 |
| 4503.91, 4505.06, 4506.03, 4506.07, 4511.191, 4511.75, 4517.01, | 344 |
| 4519.01, 4519.02, 4519.09, 4561.17, 4561.18, 4561.21, 4703.15, | 345 |
| 4705.09, 4709.05, 4713.02, 4717.05, 4723.32, 4723.33, 4723.34, | 346 |
| 4723.341, 4723.63, 4731.65, 4731.71, 4736.11, 4736.12, 4740.14, | 347 |
| 4753.03, 4753.06, 4753.071, 4753.08, 4753.09, 4755.03, 4755.48, | 348 |
| 4766.09, 4905.10, 4905.54, 4905.95, 4911.18, 4973.171, 5101.16, | 349 |
| 5101.181, 5101.184, 5101.21, 5101.241, 5101.26, 5101.31, 5101.35, | 350 |
| 5101.36, 5101.46, 5101.47, 5101.75, 5101.752, 5101.80, 5101.801, | 351 |
| 5101.821, 5104.01, 5104.02, 5104.32, 5107.05, 5107.10, 5107.26, | 352 |
| 5107.30, 5107.58, 5110.01, 5110.05, 5110.352, 5110.39, 5111.011, | 353 |
| 5111.019, 5111.0112, 5111.02, 5111.021, 5111.022, 5111.023, | 354 |
| 5111.025, 5111.042, 5111.06, 5111.082, 5111.11, 5111.111, | 355 |
| 5111.113, 5111.16, 5111.17, 5111.19, 5111.20, 5111.204, 5111.21, | 356 |
| 5111.22, 5111.221, 5111.23, 5111.231, 5111.235, 5111.241, 5111.25, | 357 |
| 5111.251, 5111.255, 5111.257, 5111.26, 5111.261, 5111.263, | 358 |
| 5111.264, 5111.27, 5111.28, 5111.29, 5111.291, 5111.30, 5111.31, | 359 |
| 5111.32, 5111.33, 5111.62, 5111.81, 5111.85, 5111.87, 5111.871, | 360 |
| 5111.88, 5111.97, 5111.99, 5112.03, 5112.08, 5112.17, 5112.30, | 361 |
| 5112.31, 5115.20, 5115.22, 5115.23, 5119.61, 5120.09, 5120.51, | 362 |
| 5121.01, 5121.02, 5121.03, 5121.04, 5121.05, 5121.06, 5121.061, | 363 |
| 5121.07, 5121.08, 5121.09, 5121.10, 5121.11, 5121.12, 5121.21, | 364 |
| 5122.03, 5122.31, 5123.01, 5123.045, 5123.046, 5123.047, 5123.049, | 365 |
| 5123.0412, 5123.34, 5123.41, 5123.701, 5123.71, 5123.76, 5126.01, | 366 |
| 5126.035, 5126.042, 5126.054, 5126.055, 5126.056, 5126.057, | 367 |
| 5126.12, 5139.01, 5139.36, 5153.16, 5502.01, 5502.03, 5531.10, | 368 |
| 5540.01, 5540.09, 5549.01, 5552.01, 5573.013, 5703.052, 5703.053, | 369 |
| 5703.47, 5703.50, 5703.70, 5703.80, 5705.091, 5705.391, 5705.40, | 370 |
| 5709.07, 5709.12, 5709.121, 5709.40, 5709.73, 5709.77, 5709.78, | 371 |
| 5711.01, 5711.16, 5711.21, 5711.22, 5711.28, 5713.01, 5715.01, | 372 |
| 5715.24, 5719.041, 5725.01, 5725.19, 5727.01, 5727.02, 5727.06, | 373 |
| 5727.08, 5727.10, 5727.11, 5727.111, 5727.12, 5727.23, 5727.84, | 374 |
| 5727.85, 5728.01, 5728.02, 5728.03, 5728.04, 5728.06, 5728.08, | 375 |
| 5729.08, 5731.01, 5731.05, 5731.131, 5731.14, 5731.18, 5731.181, | 376 |
| 5731.22, 5731.23, 5731.39, 5731.41, 5733.01, 5733.065, 5733.066, | 377 |
| 5733.33, 5733.351, 5733.352, 5733.40, 5733.41, 5733.49, 5733.98, | 378 |
| 5737.03, 5739.01, 5739.02, 5739.025, 5739.03, 5739.033, 5739.034, | 379 |
| 5739.035, 5739.08, 5739.09, 5739.10, 5739.12, 5739.16, 5739.17, | 380 |
| 5741.02, 5741.16, 5743.01, 5743.02, 5743.03, 5743.05, 5743.071, | 381 |
| 5743.08, 5743.10, 5743.111, 5743.112, 5743.14, 5743.15, 5743.16, | 382 |
| 5743.18, 5743.19, 5743.20, 5743.32, 5743.33, 5747.01, 5747.012, | 383 |
| 5747.02, 5747.05, 5747.08, 5747.113, 5747.212, 5747.331, 5747.70, | 384 |
| 5747.80, 5747.98, 5748.01, 5748.02, 5748.03, 5748.04, 5748.08, | 385 |
| 5749.02, 5907.15, 5919.33, 5920.01, 6109.21, 6121.04, and 6123.04 | 386 |
| be amended; that sections 9.833, 9.90, 3311.19, 3313.12, 3313.202, | 387 |
| 3313.33, 4117.03, and 4117.08 be contingently amended; that | 388 |
| sections 181.251 (5502.63), 181.51 (5502.61), 181.52 (5502.62), | 389 |
| 181.54 (5502.64), 181.55 (5502.65), 181.56 (5502.66), 3314.031 | 390 |
| (3314.21), 3314.032 (3314.22), 3314.034 (3314.24), 3317.21 | 391 |
| (3318.47), 3317.22 (3318.48), 3317.23 (3318.49), 4723.63 | 392 |
| (4723.91), 5101.75 (173.42), 5101.752 (173.43), 5111.02 | 393 |
| (5111.021), 5111.021 (5111.022), 5111.022 (5111.023), 5111.023 | 394 |
| (5111.0115), 5111.112 (5111.113), 5111.113 (5111.114), 5111.231 | 395 |
| (5111.232), 5111.257, (5111.258), 5111.81 (5111.085), 5111.88 | 396 |
| (5111.97), 5111.97 (5111.86), 5121.01 (5121.02), 5121.02 | 397 |
| (5121.03), and 5121.03 (5121.01) be amended for the purpose of | 398 |
| adopting new section numbers as indicated in parentheses; that | 399 |
| Section 41.36 of Am. Sub. H.B. 95 of the 125th General Assembly be | 400 |
| amended and that Section 41.36 of Am. Sub. H.B. 95 of the 125th | 401 |
| General Assembly be amended for the purpose of codifying it as | 402 |
| section 3323.19 of the Revised Code; that new sections 3317.012, | 403 |
| 3353.02, 3353.03, 3704.14, 4723.63, 5111.02, 5111.112, 5111.231, | 404 |
| 5111.24, 5111.257, 5111.34, 5111.88, and 5123.048 and sections | 405 |
| 9.23, 9.231, 9.232, 9.233, 9.234, 9.235, 9.236, 9.237, 9.238, | 406 |
| 9.239, 9.241, 101.391, 103.132, 109.579, 109.981, 120.07, 120.36, | 407 |
| 121.373, 121.381, 121.382, 121.403, 122.075, 122.083, 122.172, | 408 |
| 122.173, 125.18, 125.25, 125.60, 125.601, 125.602, 125.603, | 409 |
| 125.604, 125.605, 125.606, 125.607, 125.608, 125.609, 125.6010, | 410 |
| 125.6011, 125.6012, 131.022, 153.02, 173.39, 173.391, 173.392, | 411 |
| 173.393, 173.44, 173.45, 173.46, 173.47, 173.48, 173.49, 173.50, | 412 |
| 305.28, 306.331, 307.676, 341.192, 901.44, 907.111, 1547.721, | 413 |
| 1547.722, 1547.723, 1547.724, 1547.725, 1547.726, 1707.164, | 414 |
| 1707.165, 1711.531, 1751.271, 2151.282, 2305.2341, 2307.65, | 415 |
| 2744.082, 2913.401, 2927.023, 2949.093, 3125.191, 3302.10, | 416 |
| 3310.01, 3310.02, 3310.03, 3310.04, 3310.05, 3310.06, 3310.07, | 417 |
| 3310.08, 3310.09, 3310.10, 3310.13, 3310.14, 3310.16, 3310.17, | 418 |
| 3311.11, 3313.6410, 3314.014, 3314.061, 3314.084, 3314.085, | 419 |
| 3314.12, 3314.25, 3314.26, 3314.27, 3314.28, 3314.35, 3314.36, | 420 |
| 3316.043, 3317.016, 3317.017, 3317.035, 3317.201, 3318.18, | 421 |
| 3319.06, 3319.0810, 3319.172, 3323.20, 3323.30, 3323.31, 3323.32, | 422 |
| 3323.33, 3324.10, 3325.10, 3325.11, 3325.12, 3325.15, 3325.16, | 423 |
| 3325.17, 3333.047, 3333.122, 3333.123, 3333.162, 3354.25, 3365.11, | 424 |
| 3701.073, 3702.83, 3704.144, 3705.242, 3714.073, 3715.04, | 425 |
| 3721.032, 3721.541, 3721.561, 3745.015, 3745.114, 3770.061, | 426 |
| 3781.191, 3903.421, 4115.36, 4117.103, 4121.126, 4121.127, | 427 |
| 4121.128, 4123.441, 4123.444, 4123.445, 4506.101, 4506.161, | 428 |
| 4723.61, 4723.62, 4723.621, 4723.64, 4723.65, 4723.651, 4723.652, | 429 |
| 4723.66, 4723.67, 4723.68, 4723.69, 4766.14, 4905.261, 4911.021, | 430 |
| 5101.07, 5101.071, 5101.163, 5101.244, 5101.461, 5101.802, | 431 |
| 5101.803, 5101.93, 5101.98, 5107.301, 5111.0114, 5111.027, | 432 |
| 5111.061, 5111.062, 5111.083, 5111.084, 5111.10, 5111.161, | 433 |
| 5111.162, 5111.163, 5111.176, 5111.177, 5111.191, 5111.222, | 434 |
| 5111.223, 5111.242, 5111.243, 5111.244, 5111.254, 5111.265, | 435 |
| 5111.266, 5111.65, 5111.651, 5111.66, 5111.661, 5111.67, 5111.671, | 436 |
| 5111.672, 5111.673, 5111.674, 5111.675, 5111.676, 5111.677, | 437 |
| 5111.68, 5111.681, 5111.682, 5111.683, 5111.684, 5111.685, | 438 |
| 5111.686, 5111.687, 5111.688, 5111.851, 5111.852, 5111.853, | 439 |
| 5111.854, 5111.855, 5111.856, 5111.881, 5111.882, 5111.883, | 440 |
| 5111.884, 5111.885, 5111.886, 5111.887, 5111.888, 5111.889, | 441 |
| 5111.8810, 5111.8811, 5111.8812, 5111.89, 5111.891, 5111.892, | 442 |
| 5111.893, 5111.914, 5111.915, 5111.971, 5111.98, 5112.341, | 443 |
| 5121.30, 5121.31, 5121.32, 5121.33, 5121.34, 5121.35, 5121.36, | 444 |
| 5121.37, 5121.38, 5121.40, 5121.41, 5121.42, 5121.43, 5121.44, | 445 |
| 5121.45, 5121.46, 5121.47, 5121.48, 5121.49, 5121.50, 5121.51, | 446 |
| 5121.52, 5121.53, 5121.54, 5121.55, 5121.56, 5123.16, 5703.057, | 447 |
| 5705.211, 5707.031, 5709.112, 5725.32, 5727.031, 5727.241, | 448 |
| 5729.032, 5739.012, 5739.36, 5743.031, 5743.072, 5743.331, | 449 |
| 5743.71, 5747.056, 5751.01, 5751.011, 5751.012, 5751.013, 5751.02, | 450 |
| 5751.03, 5751.031, 5751.032, 5751.033, 5751.04, 5751.05, | 451 |
| 5751.051, 5751.06, 5751.07, 5751.08, 5751.081, 5751.09, 5751.10, | 452 |
| 5751.11, 5751.12, 5751.20, 5751.21, 5751.22, 5751.23, 5751.31, | 453 |
| 5751.50, 5751.51, 5751.52, 5751.53, 5751.98, 5751.99, 5919.31, | 454 |
| 5919.341, 6111.30, 6111.31, and 6111.32 be enacted; and that | 455 |
| section 9.901 of the Revised Code be enacted (certain of its | 456 |
| phases contingently) to read as follows: | 457 |
| Sec. 9.23. As used in sections 9.23 to 9.239 of the Revised | 458 |
| Code: | 459 |
| (A) "Allocable nondirect costs" means the amount of nondirect | 460 |
| costs allocated as a result of actual expenditures on direct | 461 |
| costs. "Allocable nondirect costs" shall be calculated as follows: | 462 |
| direct costs actually incurred for the provision of services | 463 |
| pursuant to a contract entered into under section 9.231 of the | 464 |
| Revised Code divided by the minimum percentage of money that is to | 465 |
| be expended on the recipient's direct costs, as specified in the | 466 |
| contract, minus the direct costs actually incurred. | 467 |
| (B) "Contract payment earned" means payment pursuant to a | 468 |
| contract entered into under section 9.231 of the Revised Code for | 469 |
| direct costs actually incurred in performing the contract, up to | 470 |
| the minimum percentage of money that is to be expended on the | 471 |
| recipient's direct costs, as specified in the contract, plus | 472 |
| allocable nondirect costs associated with those direct costs. | 473 |
| (C) "Direct costs" means the costs of providing services that | 474 |
| directly benefit a patient, client, or the public and that are set | 475 |
| forth in the contract entered into under section 9.231 of the | 476 |
| Revised Code. "Direct costs" does not include the costs of any | 477 |
| financial review or audit required under section 9.234 of the | 478 |
| Revised Code. | 479 |
| (D)(1) "Governmental entity" means a state agency or a | 480 |
| political subdivision of the state. | 481 |
| (2) "Contracting authority" of a governmental entity means | 482 |
| the director or chief executive officer, in the case of a state | 483 |
| agency, or the legislative authority, in the case of a political | 484 |
| subdivision. | 485 |
| (E) "Minimum percentage of money that is to be expended on | 486 |
| the recipient's direct costs" means the percentage of the total | 487 |
| amount of the contract entered into under section 9.231 of the | 488 |
| Revised Code that, at a minimum, has to be expended on the | 489 |
| recipient's direct costs in performing the contract in order for | 490 |
| the recipient to earn the total amount of the contract. | 491 |
| (F) "Political subdivision" means a county, township, | 492 |
| municipal corporation, or any other body corporate and politic | 493 |
| that is responsible for government activities in a geographic area | 494 |
| smaller than that of the state. | 495 |
| (G) "Recipient" means a person that enters into a contract | 496 |
| with a governmental entity under section 9.231 of the Revised | 497 |
| Code. | 498 |
| (H) "State agency" means any organized body, office, agency, | 499 |
| institution, or other entity established by the laws of the state | 500 |
| for the exercise of any function of state government. | 501 |
| (I) A judgment is "uncollectible" if, at least ninety days | 502 |
| after the judgment is obtained, the full amount of the judgment | 503 |
| has not been collected and either a settlement agreement between | 504 |
| the governmental entity and the recipient has not been entered | 505 |
| into or a settlement agreement has been entered into but has not | 506 |
| been materially complied with. | 507 |
| Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of | 508 |
| this section, a governmental entity shall not disburse money | 509 |
| totaling twenty-five thousand dollars or more to any person for | 510 |
| the provision of services for the primary benefit of individuals | 511 |
| or the public and not for the primary benefit of a governmental | 512 |
| entity or the employees of a governmental entity, unless the | 513 |
| contracting authority of the governmental entity first enters into | 514 |
| a written contract with the person that is signed by the person or | 515 |
| by an officer or agent of the person authorized to legally bind | 516 |
| the person and that embodies all of the requirements and | 517 |
| conditions set forth in sections 9.23 to 9.236 of the Revised | 518 |
| Code. If the disbursement of money occurs over the course of a | 519 |
| governmental entity's fiscal year, rather than in a lump sum, the | 520 |
| contracting authority of the governmental entity shall enter into | 521 |
| the written contract with the person at the point during the | 522 |
| governmental entity's fiscal year that at least seventy-five | 523 |
| thousand dollars has been disbursed by the governmental entity to | 524 |
| the person. Thereafter, the contracting authority of the | 525 |
| governmental entity shall enter into the written contract with the | 526 |
| person at the beginning of the governmental entity's fiscal year, | 527 |
| if, during the immediately preceding fiscal year, the governmental | 528 |
| entity disbursed to that person an aggregate amount totaling at | 529 |
| least seventy-five thousand dollars. | 530 |
| (2) If the money referred to in division (A)(1) of this | 531 |
| section is disbursed by or through more than one state agency to | 532 |
| the person for the provision of services to the same population, | 533 |
| the contracting authorities of those agencies shall determine | 534 |
| which one of them will enter into the written contract with the | 535 |
| person. | 536 |
| (3) The requirements and conditions set forth in divisions | 537 |
| (A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2) | 538 |
| and (B) of section 9.234, divisions (A)(2) and (B) of section | 539 |
| 9.235, and sections 9.233 and 9.236 of the Revised Code do not | 540 |
| apply with respect to the following: | 541 |
| (a) Contracts to which all of the following apply: | 542 |
| (i) The amount received for the services is a set fee for | 543 |
| each time the services are provided, is determined in accordance | 544 |
| with a fixed rate per unit of time or per service, or is a | 545 |
| capitated rate, and the fee or rate is established by competitive | 546 |
| bidding or by a market rate survey of similar services provided in | 547 |
| a defined market area. The market rate survey may be one conducted | 548 |
| by or on behalf of the governmental entity or an independent | 549 |
| survey accepted by the governmental entity as statistically valid | 550 |
| and reliable. | 551 |
| (ii) The services are provided in accordance with standards | 552 |
| established by state or federal law, or by rules or regulations | 553 |
| adopted thereunder, for their delivery, which standards are | 554 |
| enforced by the federal government, a governmental entity, or an | 555 |
| accrediting organization recognized by the federal government or a | 556 |
| governmental entity. | 557 |
| (iii) Payment for the services is made after the services are | 558 |
| delivered and upon submission to the governmental entity of an | 559 |
| invoice or other claim for payment as required by any applicable | 560 |
| local, state, or federal law or, if no such law applies, by the | 561 |
| terms of the contract. | 562 |
| (b) Contracts under which the services are reimbursed through | 563 |
| or in a manner consistent with a federal program that meets all of | 564 |
| the following requirements: | 565 |
| (i) The program calculates the reimbursement rate on the | 566 |
| basis of the previous year's experience or in accordance with an | 567 |
| alternative method set forth in rules adopted by the Ohio | 568 |
| department of job and family services. | 569 |
| (ii) The reimbursement rate is derived from a breakdown of | 570 |
| direct and indirect costs. | 571 |
| (iii) The program's guidelines describe types of expenditures | 572 |
| that are allowable and not allowable under the program and | 573 |
| delineate which costs are acceptable as direct costs for purposes | 574 |
| of calculating the reimbursement rate. | 575 |
| (iv) The program includes a uniform cost reporting system | 576 |
| with specific audit requirements. | 577 |
| (c) Contracts under which the services are reimbursed through | 578 |
| or in a manner consistent with a federal program that calculates | 579 |
| the reimbursement rate on a fee for service basis in compliance | 580 |
| with United States office of management and budget Circular A-87, | 581 |
| as revised May 10, 2004. | 582 |
| (d) Contracts for services that are paid pursuant to the | 583 |
| earmarking of an appropriation made by the general assembly for | 584 |
| that purpose. | 585 |
| (B) Division (A) of this section does not apply if the money | 586 |
| is disbursed to a person pursuant to a contract with the United | 587 |
| States or a governmental entity under any of the following | 588 |
| circumstances: | 589 |
| (1) The person receives the money directly or indirectly from | 590 |
| the United States, and no governmental entity exercises any | 591 |
| oversight or control over the use of the money. | 592 |
| (2) The person receives the money solely in return for the | 593 |
| performance of one or more of the following types of services: | 594 |
| (a) Medical, therapeutic, or other health-related services | 595 |
| provided by a person if the amount received is a set fee for each | 596 |
| time the person provides the services, is determined in accordance | 597 |
| with a fixed rate per unit of time, or is a capitated rate, and | 598 |
| the fee or rate is reasonable and customary in the person's trade | 599 |
| or profession; | 600 |
| (b) Medicaid-funded services, including administrative and | 601 |
| management services, provided pursuant to a contract or medicaid | 602 |
| provider agreement that meets the requirements of the medicaid | 603 |
| program established under Chapter 5111. of the Revised Code. | 604 |
| (c) Services, other than administrative or management | 605 |
| services or any of the services described in division (B)(2)(a) or | 606 |
| (b) of this section, that are commonly purchased by the public at | 607 |
| an hourly rate or at a set fee for each time the services are | 608 |
| provided, unless the services are performed for the benefit of | 609 |
| children, persons who are eligible for the services by reason of | 610 |
| advanced age, medical condition, or financial need, or persons who | 611 |
| are confined in a detention facility as defined in section 2921.01 | 612 |
| of the Revised Code, and the services are intended to help promote | 613 |
| the health, safety, or welfare of those children or persons; | 614 |
| (d) Educational services provided by a school to children | 615 |
| eligible to attend that school. For purposes of division (B)(2)(d) | 616 |
| of this section, "school" means any school operated by a school | 617 |
| district board of education, any community school established | 618 |
| under Chapter 3314. of the Revised Code, or any nonpublic school | 619 |
| for which the state board of education prescribes minimum | 620 |
| education standards under section 3301.07 of the Revised Code. | 621 |
| (e) Services provided by a foster home as defined in section | 622 |
| 5103.02 of the Revised Code; | 623 |
| (f) "Routine business services other than administrative or | 624 |
| management services," as that term is defined by the attorney | 625 |
| general by rule adopted in accordance with Chapter 119. of the | 626 |
| Revised Code; | 627 |
| (g) Services to protect the environment or promote | 628 |
| environmental education that are provided by a nonprofit entity or | 629 |
| services to protect the environment that are funded with federal | 630 |
| grants or revolving loan funds and administered in accordance with | 631 |
| federal law. | 632 |
| (3) The person receives the money solely in return for the | 633 |
| performance of services intended to help preserve public health or | 634 |
| safety under circumstances requiring immediate action as a result | 635 |
| of a natural or man-made emergency. | 636 |
| (C) With respect to a nonprofit association, corporation, or | 637 |
| organization established for the purpose of providing educational, | 638 |
| technical, consulting, training, financial, or other services to | 639 |
| its members in exchange for membership dues and other fees, any of | 640 |
| the services provided to a member that is a governmental entity | 641 |
| shall, for purposes of this section, be considered services "for | 642 |
| the primary benefit of a governmental entity or the employees of a | 643 |
| governmental entity." | 644 |
| Sec. 9.232. A contract entered into under section 9.231 of | 645 |
| the Revised Code shall, at a minimum, set forth all of the | 646 |
| following: | 647 |
| (A) The minimum percentage of money that is to be expended on | 648 |
| the recipient's direct costs; | 649 |
| (B) The records that a recipient must maintain to document | 650 |
| direct costs; | 651 |
| (C) If some of the recipient's obligations under the contract | 652 |
| involve the performance of any of the types of services described | 653 |
| in division (B)(2)(a), (c), or (f) of section 9.231 of the Revised | 654 |
| Code, the name and telephone number of the individual designated | 655 |
| by the governmental entity as the contact for obtaining approval | 656 |
| of contract amounts for purposes of division (A)(2)(a)(ii) of | 657 |
| section 9.235 of the Revised Code; | 658 |
| (D) The financial review and audit requirements established | 659 |
| under section 9.234 of the Revised Code and by rules of the | 660 |
| auditor of state adopted under section 9.238 of the Revised Code | 661 |
| or, with respect to any contract described in division (A)(3) of | 662 |
| section 9.231 of the Revised Code, any financial compliance | 663 |
| requirements established for purposes of that contract; | 664 |
| (E) The provisions established by rules of the attorney | 665 |
| general adopted under section 9.237 of the Revised Code; | 666 |
| (F) Permissible dispositions of money received by a recipient | 667 |
| in excess of the contract payment earned, if the excess is not to | 668 |
| be repaid to the governmental entity. | 669 |
| Sec. 9.233. (A) A recipient shall be entitled to the contract | 670 |
| payment earned. In no event shall a recipient be entitled to more | 671 |
| than the contract payment earned. A recipient shall repay any | 672 |
| money received in excess of the contract payment earned to the | 673 |
| governmental entity or, if a different disposition is provided for | 674 |
| in the recipient's contract with the governmental entity, dispose | 675 |
| of that money in accordance with the terms of the contract. | 676 |
| (B) In order to determine the contract payment earned, all | 677 |
| financial books and records open to inspection pursuant to section | 678 |
| 9.235 of the Revised Code shall be held to standards consistent | 679 |
| with generally accepted accounting principles. | 680 |
| Sec. 9.234. (A) Unless otherwise explicitly provided in the | 681 |
| Revised Code, a recipient shall do all of the following: | 682 |
| (1) With respect to any money received prior to the | 683 |
| performance of the recipient's obligations under the contract | 684 |
| entered into under section 9.231 of the Revised Code, and any | 685 |
| money received in excess of the contract payment earned, keep | 686 |
| current and accurate records of the receipt and use of the money | 687 |
| in a manner consistent with the contract; | 688 |
| (2) With respect to any money received after the recipient | 689 |
| has performed its obligations under the contract entered into | 690 |
| under section 9.231 of the Revised Code, keep current and accurate | 691 |
| records of the recipient's expenditures on direct costs; | 692 |
| (3) Annually provide the contracting authority of the | 693 |
| governmental entity with a report that includes both of the | 694 |
| following: | 695 |
| (a) (i) Subject to division (A)(3)(a)(ii) of this section, an | 696 |
| audit report, if a financial audit is required by division (B)(3) | 697 |
| of this section; a financial review, if a financial review is | 698 |
| required by division (B)(2) of this section; a financial review, | 699 |
| if a financial review is required by division (B)(1) of this | 700 |
| section and is not waived; or financial statements, major | 701 |
| categories of expenditure of the money, and a summary of the | 702 |
| activities for which the recipient used the money. | 703 |
| (ii) With respect to any contract described in division | 704 |
| (A)(3) of section 9.231 of the Revised Code, an audit report or | 705 |
| financial review if the performance of a financial audit or review | 706 |
| is a compliance requirement established for purposes of that | 707 |
| contract. | 708 |
| (b) Any other information that may be required by the | 709 |
| contract. | 710 |
| (B) (1) A recipient that, pursuant to one or more contracts | 711 |
| entered into under section 9.231 of the Revised Code, receives | 712 |
| money totaling at least one hundred thousand dollars but less than | 713 |
| three hundred thousand dollars in any fiscal year shall have a | 714 |
| financial review performed for each fiscal year in which it | 715 |
| receives that amount of money in accordance with the financial | 716 |
| review standards of the American institute of certified public | 717 |
| accountants. The financial review shall be performed by an | 718 |
| independent public accounting firm. The financial review contract | 719 |
| between the recipient and the firm shall provide that the state is | 720 |
| an intended third-party beneficiary of the contract. | 721 |
| This financial review requirement may be waived, however, if | 722 |
| the contracting authority of each governmental entity from which | 723 |
| the recipient received money that fiscal year pursuant to a | 724 |
| contract entered into under section 9.231 of the Revised Code | 725 |
| agrees to the waiver. | 726 |
| (2) A recipient that, pursuant to one or more contracts | 727 |
| entered into under section 9.231 of the Revised Code, receives | 728 |
| money totaling at least three hundred thousand dollars but less | 729 |
| than five hundred thousand dollars in any fiscal year shall have a | 730 |
| financial review performed for each fiscal year in which it | 731 |
| receives that amount of money in accordance with the financial | 732 |
| review standards of the American institute of certified public | 733 |
| accountants. The financial review shall be performed by an | 734 |
| independent public accounting firm. The financial review contract | 735 |
| between the recipient and the firm shall provide that the state is | 736 |
| an intended third-party beneficiary of the contract. | 737 |
| (3) A recipient that, pursuant to one or more contracts | 738 |
| entered into under section 9.231 of the Revised Code, receives | 739 |
| money totaling five hundred thousand dollars or more in any fiscal | 740 |
| year shall have a financial audit performed for each fiscal year | 741 |
| in which it receives that amount of money according to generally | 742 |
| accepted auditing standards by an independent public accounting | 743 |
| firm. The engagement letter between the recipient and the firm | 744 |
| shall provide that the state is an intended third-party | 745 |
| beneficiary of the contract. The audit shall comply with rules | 746 |
| adopted by the auditor of state under section 9.238 of the Revised | 747 |
| Code. An audit performed pursuant to the federal "Single Audit Act | 748 |
| of 1984," 98 Stat. 2327, 31 U.S.C. 7501 et seq., as amended, is | 749 |
| sufficient if the state is an intended third-party beneficiary of | 750 |
| the audit contract. | 751 |
| (C)(1) An audit conducted by the auditor of state pursuant to | 752 |
| any other provision of the Revised Code is sufficient for purposes | 753 |
| of division (B) of this section. | 754 |
| (2) A financial audit meeting the requirements of division | 755 |
| (B)(3) of this section satisfies the financial review requirements | 756 |
| of divisions (B)(1) and (2) of this section. | 757 |
| (3) The references in division (B) of this section to fiscal | 758 |
| year mean the recipient's fiscal year. | 759 |
| (D) Nothing in this section shall be construed to limit in | 760 |
| any way the authority of the auditor of state to conduct audits | 761 |
| pursuant to any other provision of the Revised Code. | 762 |
| Sec. 9.235. (A)(1) Subject to division (A)(2) of this | 763 |
| section, the financial books and records of a recipient, and the | 764 |
| financial books and records of any person with which the recipient | 765 |
| contracts for the performance of the recipient's obligations under | 766 |
| the recipient's contract with the governmental entity, shall be | 767 |
| open to inspection by the governmental entity and by the state | 768 |
| from the time the recipient first applies for payment under the | 769 |
| contract. If the recipient is paid before the performance of its | 770 |
| obligations under the contract, the financial books and records of | 771 |
| the recipient and of any person with which the recipient contracts | 772 |
| for the performance of the recipient's obligations shall be open | 773 |
| to inspection from the first anniversary of the payment or from | 774 |
| any earlier date that the contract may provide. | 775 |
| (2) Division (A)(1) of this section does not apply to any | 776 |
| person that contracts with the recipient solely for the | 777 |
| performance of some of the recipient's obligations under the | 778 |
| recipient's contract with the governmental entity that directly | 779 |
| benefit the recipient's patients or clients, if either of the | 780 |
| following applies: | 781 |
| (a) The services provided by the person are any of the types | 782 |
| of services described in division (B)(2)(a), (c), or (f) of | 783 |
| section 9.231 of the Revised Code and the full amount of the | 784 |
| person's contract constitutes direct costs for the recipient and | 785 |
| is reasonable and customary in the person's trade or profession. | 786 |
| For purposes of division (A)(2)(a) of this section, the amount of | 787 |
| the person's contract with the recipient shall be considered | 788 |
| "reasonable and customary in the person's trade or profession" if | 789 |
| any of the following applies: | 790 |
| (i) The amount is equal to or less than the maximum amount | 791 |
| for those services specified in the recipient's contract with the | 792 |
| governmental entity. | 793 |
| (ii) The amount was approved by the governmental entity after | 794 |
| the recipient entered into the contract with the governmental | 795 |
| entity. | 796 |
| (iii) A maximum amount for those services was specified in | 797 |
| the recipient's contract with the governmental entity, the | 798 |
| recipient's original contract with a person for the performance of | 799 |
| those services was subsequently canceled or otherwise unfulfilled, | 800 |
| the recipient entered into a replacement contract with another | 801 |
| person, and the amount of that contract is not more than | 802 |
| twenty-five per cent above the maximum amount for the services | 803 |
| specified in the recipient's contract with the governmental | 804 |
| entity. | 805 |
| (b) The services provided by the person are any of the types | 806 |
| of services described in division (B)(2)(b), (d), or (e) of | 807 |
| section 9.231 of the Revised Code. | 808 |
| (B)(1) Subject to division (B)(2) of this section, if a | 809 |
| recipient contracts with another person for the performance of | 810 |
| some or all of the recipient's obligations under the recipient's | 811 |
| contract with the governmental entity, the recipient shall be | 812 |
| entitled to claim spending by the other person as direct costs | 813 |
| only to the extent the other person has spent money on direct | 814 |
| costs in the performance of the recipient's obligations and only | 815 |
| if the other person complies with all of the terms and conditions | 816 |
| relating to the performance that the recipient is required to | 817 |
| comply with under the contract with the governmental entity. | 818 |
| (2) The conditions set forth in division (B)(1) of this | 819 |
| section do not apply with respect to any person described in | 820 |
| division (A)(2) of this section. | 821 |
| (C)(1) Nothing in this section shall be construed as making | 822 |
| any record of the receipt or expenditure of nonpublic money a | 823 |
| public record for purposes of section 149.43 of the Revised Code. | 824 |
| (2) Division (C)(1) of this section does not limit in any way | 825 |
| the authority of the auditor of state to conduct audits or other | 826 |
| investigations when public money is commingled with nonpublic | 827 |
| money. | 828 |
| Sec. 9.236. (A) A recipient is liable to repay to the | 829 |
| governmental entity any money received in excess of the contract | 830 |
| payment earned. | 831 |
| (B)(1) A governmental entity may bring a civil action for the | 832 |
| recovery of money due to the governmental entity from a recipient | 833 |
| under division (A) of this section. In such an action, any person | 834 |
| with which the recipient has contracted for the performance of the | 835 |
| recipient's material obligations to a group of beneficiaries under | 836 |
| the recipient's contract with the governmental entity may be made | 837 |
| a party defendant if the person is unable to demonstrate to the | 838 |
| satisfaction of the governmental entity that the person has | 839 |
| materially complied with the terms of the contract with the | 840 |
| recipient. In such a case, the person may be made a party | 841 |
| defendant and the governmental entity may obtain a judgment | 842 |
| against the person in accordance with division (B)(2) of this | 843 |
| section. | 844 |
| (2) If a governmental entity obtains a judgment against a | 845 |
| recipient in a civil action brought under division (B)(1) of this | 846 |
| section and the judgment is uncollectible, the governmental entity | 847 |
| may recover from the person with which the recipient contracted an | 848 |
| amount not exceeding the lesser of the following: | 849 |
| (a) The unsatisfied amount of the judgment; | 850 |
| (b) The total amount received by the person from the | 851 |
| recipient minus the total amount spent by the person on direct | 852 |
| costs for services actually performed and retained by the person | 853 |
| as allocable nondirect costs associated with those direct costs. | 854 |
| (C) If a governmental entity, pursuant to this section, | 855 |
| obtains a judgment against a recipient or against a person with | 856 |
| which the recipient contracted and that judgment debtor does not | 857 |
| voluntarily pay the amount of the judgment, that judgment debtor | 858 |
| shall be precluded from contracting with a governmental entity to | 859 |
| the extent provided in divisions (A) and (B) of section 9.24 of | 860 |
| the Revised Code for a debtor against whom a finding of recovery | 861 |
| has been issued. | 862 |
| (D) In addition to other remedies provided in divisions (A) | 863 |
| to (C) of this section, a governmental entity may void a contract | 864 |
| between a recipient and another person for the performance by the | 865 |
| other person of the recipient's obligations under the recipient's | 866 |
| contract with the governmental entity to the extent that the other | 867 |
| person has not yet performed its obligations under the contract or | 868 |
| cannot demonstrate that the money it received was expended on | 869 |
| direct costs or retained as allocable nondirect costs. | 870 |
| (E) If a recipient is liable to repay money to a governmental | 871 |
| entity under this section and the judgment obtained by the | 872 |
| governmental entity against the recipient is uncollectible, then | 873 |
| in addition to other remedies provided in divisions (A) to (C) of | 874 |
| this section, and after the governmental entity has obtained a | 875 |
| judgment against any necessary third party, the governmental | 876 |
| entity may void any of the following contracts: | 877 |
| (1) A contract made not more than one hundred eighty days | 878 |
| before the judgment against the recipient became uncollectible | 879 |
| between the recipient and a director, trustee, or officer of the | 880 |
| recipient or a business in which a director, trustee, or officer | 881 |
| of the recipient has a material financial interest, if either of | 882 |
| the following applies: | 883 |
| (a) The recipient has paid substantial value for property | 884 |
| received and the property can be returned to the other person. If | 885 |
| the property has experienced only normal wear and tear, the person | 886 |
| shall be liable to the governmental entity for the full amount the | 887 |
| recipient paid for the property. Otherwise, the person shall be | 888 |
| liable to the governmental entity only for the market value of the | 889 |
| property. | 890 |
| (b) The person with which the recipient contracted has | 891 |
| received money that the recipient obtained pursuant to the | 892 |
| contract with the governmental entity and the money was not | 893 |
| expended on direct costs or retained as allocable nondirect costs. | 894 |
| In such a case, the governmental entity may void the contract to | 895 |
| the extent the money was not expended on direct costs or retained | 896 |
| as allocable nondirect costs, and the person shall be liable to | 897 |
| the governmental entity for that amount. | 898 |
| (2) A contract made not more than one hundred eighty days | 899 |
| before the judgment against the recipient became uncollectible | 900 |
| between the recipient and an employee of the recipient or a | 901 |
| business in which an employee of the recipient has a material | 902 |
| financial interest, if the employee has direct knowledge of the | 903 |
| use of the money that the recipient obtained pursuant to the | 904 |
| contract with the governmental entity and either division | 905 |
| (E)(1)(a) or (b) of this section applies; | 906 |
| (3) A contract between the recipient and another person | 907 |
| pursuant to which the recipient has paid or agreed to pay money to | 908 |
| the other person, to the extent that the other person has not yet | 909 |
| performed its obligations under the contract; | 910 |
| (4) A contract made not more than one year before the | 911 |
| judgment against the recipient became uncollectible between the | 912 |
| recipient and a person other than the governmental entity if the | 913 |
| other person has not given or agreed to give consideration of | 914 |
| reasonable and substantial value for the consideration given by | 915 |
| the recipient. | 916 |
| Sec. 9.237. The attorney general shall adopt rules in | 917 |
| accordance with Chapter 119. of the Revised Code governing the | 918 |
| terms of any contract entered into under section 9.231 of the | 919 |
| Revised Code. The rules shall set forth all of the following: | 920 |
| (A) A definition of permissible components of direct costs, | 921 |
| including a list of expenditures that may never be included in | 922 |
| direct costs and a nonexclusive list of expenditures that may be | 923 |
| included in direct costs pursuant to agreement of the parties; | 924 |
| (B) Permissible methods by which a recipient may keep records | 925 |
| documenting direct costs and how long those records must be | 926 |
| retained; | 927 |
| (C) Remedies not inconsistent with section 9.236 of the | 928 |
| Revised Code in the event of a breach of the contract; | 929 |
| (D) Terms to be included in contracts between recipients and | 930 |
| persons other than the governmental entity, including the notice | 931 |
| of the remedies available to the governmental entity if the money | 932 |
| under the contract with the governmental entity is not expended on | 933 |
| direct costs or retained as allocable nondirect costs or, with | 934 |
| respect to any contract described in division (A)(3) of section | 935 |
| 9.231 of the Revised Code, is not earned under the terms of the | 936 |
| contract with the governmental entity; | 937 |
| (E) Any other provisions that the attorney general considers | 938 |
| necessary to carry out the purposes of sections 9.23 to 9.236 of | 939 |
| the Revised Code. | 940 |
| Sec. 9.238. (A) The auditor of state shall prescribe a single | 941 |
| form of the financial reviews required by divisions (B)(1) and (2) | 942 |
| of section 9.234 of the Revised Code to be used for all | 943 |
| governmental entities. | 944 |
| (B) The auditor of state may adopt rules in accordance with | 945 |
| Chapter 119. of the Revised Code governing the form and content of | 946 |
| the audit reports required by division (B)(3) of section 9.234 of | 947 |
| the Revised Code and may prescribe a single form of the report to | 948 |
| be used for all governmental entities. Upon request made by a | 949 |
| recipient, the auditor of state shall, to the extent possible, | 950 |
| require all governmental entities that have entered into a | 951 |
| contract with that recipient under section 9.231 of the Revised | 952 |
| Code to accept a particular audit report. | 953 |
| Sec. 9.239. (A) There is hereby created the government | 954 |
| contracting advisory council. The attorney general and auditor of | 955 |
| state shall consult with the council on the performance of their | 956 |
| rule-making functions under sections 9.237 and 9.238 of the | 957 |
| Revised Code and shall consider any recommendations of the | 958 |
| council. The director of job and family services shall annually | 959 |
| report to the council the cost methodology of the medicaid-funded | 960 |
| services described in division (A)(3)(d) of section 9.231 of the | 961 |
| Revised Code. The council shall consist of the following members | 962 |
| or their designees: | 963 |
| (1) The attorney general; | 964 |
| (2) The auditor of state; | 965 |
| (3) The director of administrative services; | 966 |
| (4) The director of aging; | 967 |
| (5) The director of alcohol and drug addiction services; | 968 |
| (6) The director of budget and management; | 969 |
| (7) The director of development; | 970 |
| (8) The director of job and family services; | 971 |
| (9) The director of mental health; | 972 |
| (10) The director of mental retardation and developmental | 973 |
| disabilities; | 974 |
| (11) The director of rehabilitation and correction; | 975 |
| (12) The administrator of workers' compensation; | 976 |
| (13) The executive director of the county commissioners' | 977 |
| association of Ohio; | 978 |
| (14) The president of the Ohio grantmakers forum; | 979 |
| (15) The president of the Ohio chamber of commerce; | 980 |
| (16) The president of the Ohio state bar association; | 981 |
| (17) The president of the Ohio society of certified public | 982 |
| accountants; | 983 |
| (18) The executive director of the Ohio association of | 984 |
| nonprofit organizations; | 985 |
| (19) The president of the Ohio united way; | 986 |
| (20) One additional member appointed by the attorney general; | 987 |
| (21) One additional member appointed by the auditor of state. | 988 |
| (B) If an agency or organization represented on the council | 989 |
| ceases to exist in the form it has on the effective date of this | 990 |
| section, the successor agency or organization shall be represented | 991 |
| in its place. If there is no successor agency or organization, or | 992 |
| if it is not clear what agency or organization is the successor, | 993 |
| the attorney general shall designate an agency or organization to | 994 |
| be represented in place of the agency or organization originally | 995 |
| represented on the council. | 996 |
| (C) The two members appointed to the council shall serve | 997 |
| three-year terms. Original appointments shall be made not later | 998 |
| than sixty days after the effective date of this section. | 999 |
| Vacancies on the council shall be filled in the same manner as the | 1000 |
| original appointment. | 1001 |
| (D) The attorney general or the attorney general's designee | 1002 |
| shall be the chairperson of the council. The council shall meet at | 1003 |
| least once every two years to review the rules adopted under | 1004 |
| sections 9.237 and 9.238 of the Revised Code and to make | 1005 |
| recommendations to the attorney general and auditor of state | 1006 |
| regarding the adoption, amendment, or repeal of those rules. The | 1007 |
| council shall also meet at other times as requested by the | 1008 |
| attorney general or auditor of state. | 1009 |
| (E) Members of the council shall serve without compensation | 1010 |
| or reimbursement. | 1011 |
| (F) The office of the attorney general shall provide | 1012 |
| necessary staff, facilities, supplies, and services to the | 1013 |
| council. | 1014 |
| (G) Sections 101.82 to 101.87 of the Revised Code do not | 1015 |
| apply to the council. | 1016 |
| Sec. 9.24. (A) Except as may be allowed under division (F) of | 1017 |
| this section, no state agency and no political subdivision shall | 1018 |
| award a contract as described in division (G)(1) of this section | 1019 |
| for goods, services, or construction, paid for in whole or in part | 1020 |
| with state funds, to a person against whom a finding for recovery | 1021 |
| has been issued by the auditor of state on and after January 1, | 1022 |
| 2001, if the finding for recovery is unresolved. | 1023 |
| A contract is considered to be awarded when it is entered | 1024 |
| into or executed, irrespective of whether the parties to the | 1025 |
| contract have exchanged any money. | 1026 |
| (B) For purposes of this section, a finding for recovery is | 1027 |
| unresolved unless one of the following criteria applies: | 1028 |
| (1) The money identified in the finding for recovery is paid | 1029 |
| in full to the state agency or political subdivision to whom the | 1030 |
| money was owed; | 1031 |
| (2) The debtor has entered into a repayment plan that is | 1032 |
| approved by the attorney general and the state agency or political | 1033 |
| subdivision to whom the money identified in the finding for | 1034 |
| recovery is owed. A repayment plan may include a provision | 1035 |
| permitting a state agency or political subdivision to withhold | 1036 |
| payment to a debtor for goods, services, or construction provided | 1037 |
| to or for the state agency or political subdivision pursuant to a | 1038 |
| contract that is entered into with the debtor after the date the | 1039 |
| finding for recovery was issued. | 1040 |
| (3) The attorney general waives a repayment plan described in | 1041 |
| division (B)(2) of this section for good cause; | 1042 |
| (4) The debtor and state agency or political subdivision to | 1043 |
| whom the money identified in the finding for recovery is owed have | 1044 |
| agreed to a payment plan established through an enforceable | 1045 |
| settlement agreement. | 1046 |
| (5) The state agency or political subdivision desiring to | 1047 |
| enter into a contract with a debtor certifies, and the attorney | 1048 |
| general concurs, that all of the following are true: | 1049 |
| (a) Essential services the state agency or political | 1050 |
| subdivision is seeking to obtain from the debtor cannot be | 1051 |
| provided by any other person besides the debtor; | 1052 |
| (b) Awarding a contract to the debtor for the essential | 1053 |
| services described in division (B)(5)(a) of this section is in the | 1054 |
| best interest of the state; | 1055 |
| (c) Good faith efforts have been made to collect the money | 1056 |
| identified in the finding of recovery. | 1057 |
| (6) The debtor has commenced an action to contest the finding | 1058 |
| for recovery and a final determination on the action has not yet | 1059 |
| been reached. | 1060 |
| (C) The attorney general shall submit an initial report to | 1061 |
| the auditor of state, not later than December 1, 2003, indicating | 1062 |
| the status of collection for all findings for recovery issued by | 1063 |
| the auditor of state for calendar years 2001, 2002, and 2003. | 1064 |
| Beginning on January 1, 2004, the attorney general shall submit to | 1065 |
| the auditor of state, on the first day of every January, April, | 1066 |
| July, and October, a list of all findings for recovery that have | 1067 |
| been resolved in accordance with division (B) of this section | 1068 |
| during the calendar quarter preceding the submission of the list | 1069 |
| and a description of the means of resolution. The attorney general | 1070 |
| shall notify the auditor of state when a judgment is issued | 1071 |
| against an entity described in division (F)(1) of this section. | 1072 |
| (D) The auditor of state shall maintain a database, | 1073 |
| accessible to the public, listing persons against whom an | 1074 |
| unresolved finding for recovery has been issued, and the amount of | 1075 |
| the money identified in the unresolved finding for recovery. The | 1076 |
| auditor of state shall have this database operational on or before | 1077 |
| January 1, 2004. The initial database shall contain the | 1078 |
| information required under this division for calendar years 2001, | 1079 |
| 2002, and 2003. | 1080 |
| Beginning January 15, 2004, the auditor of state shall update | 1081 |
| the database by the fifteenth day of every January, April, July, | 1082 |
| and October to reflect resolved findings for recovery that are | 1083 |
| reported to the auditor of state by the attorney general on the | 1084 |
| first day of the same month pursuant to division (C) of this | 1085 |
| section. | 1086 |
| (E) Before awarding a contract as described in division | 1087 |
| (G)(1) of this section for goods, services, or construction, paid | 1088 |
| for in whole or in part with state funds, a state agency or | 1089 |
| political subdivision shall verify that the person to whom the | 1090 |
| state agency or political subdivision plans to award the contract | 1091 |
| has no unresolved finding for recovery issued against the person. | 1092 |
| A state agency or political subdivision shall verify that the | 1093 |
| person does not appear in the database described in division (D) | 1094 |
| of this section or shall obtain other proof that the person has no | 1095 |
| unresolved finding for recovery issued against the person. | 1096 |
| (F) The prohibition of division (A) of this section and the | 1097 |
| requirement of division (E) of this section do not apply with | 1098 |
| respect to the companies or agreements described in divisions | 1099 |
| (F)(1) and (2) of this section, or in the circumstance described | 1100 |
| in division (F)(3) of this section. | 1101 |
| (1) A bonding company or a company authorized to transact the | 1102 |
| business of insurance in this state, a self-insurance pool, joint | 1103 |
| self-insurance pool, risk management program, or joint risk | 1104 |
| management program, unless a court has entered a final judgment | 1105 |
| against the company and the company has not yet satisfied the | 1106 |
| final judgment. | 1107 |
| (2) To medicaid provider agreements under Chapter 5111. of | 1108 |
| the Revised Code | 1109 |
| 1110 | |
| 1111 |
| (3) When federal law dictates that a specified entity provide | 1112 |
| the goods, services, or construction for which a contract is being | 1113 |
| awarded, regardless of whether that entity would otherwise be | 1114 |
| prohibited from entering into the contract pursuant to this | 1115 |
| section. | 1116 |
| (G)(1) This section applies only to contracts for goods, | 1117 |
| services, or construction that satisfy the criteria in either | 1118 |
| division (G)(1)(a) or (b) of this | 1119 |
| may apply to contracts for goods, services, or construction that | 1120 |
| satisfy the criteria in division (G)(1)(c) of this section, | 1121 |
| provided that the contracts also satisfy the criteria in either | 1122 |
| division (G)(1)(a) or (b) of this | 1123 |
| (a) The cost for the goods, services, or construction | 1124 |
| provided under the contract is estimated to exceed twenty-five | 1125 |
| thousand dollars. | 1126 |
| (b) The aggregate cost for the goods, services, or | 1127 |
| construction provided under multiple contracts entered into by the | 1128 |
| particular state agency and a single person or the particular | 1129 |
| political subdivision and a single person within the fiscal year | 1130 |
| preceding the fiscal year within which a contract is being entered | 1131 |
| into by that same state agency and the same single person or the | 1132 |
| same political subdivision and the same single person, exceeded | 1133 |
| fifty thousand dollars. | 1134 |
| (c) The contract is a renewal of a contract previously | 1135 |
| entered into and renewed pursuant to that preceding contract. | 1136 |
| (2) This section does not apply to employment contracts. | 1137 |
| (H) As used in this section: | 1138 |
| (1) "State agency" has the same meaning as in section 9.66 of | 1139 |
| the Revised Code. | 1140 |
| (2) "Political subdivision" means a political subdivision as | 1141 |
| defined in section 9.82 of the Revised Code that has received more | 1142 |
| than fifty thousand dollars of state money in the current fiscal | 1143 |
| year or the preceding fiscal year. | 1144 |
| (3) "Finding for recovery" means a determination issued by | 1145 |
| the auditor of state, contained in a report the auditor of state | 1146 |
| gives to the attorney general pursuant to section 117.28 of the | 1147 |
| Revised Code, that public money has been illegally expended, | 1148 |
| public money has been collected but not been accounted for, public | 1149 |
| money is due but has not been collected, or public property has | 1150 |
| been converted or misappropriated. | 1151 |
| (4) "Debtor" means a person against whom a finding for | 1152 |
| recovery has been issued. | 1153 |
| (5) "Person" means the person named in the finding for | 1154 |
| recovery. | 1155 |
| (6) "State money" does not include funds the state receives | 1156 |
| from another source and passes through to a political subdivision. | 1157 |
| Sec. 9.241. (A) As used in this section: | 1158 |
| (1) "Governmental entity" and "a judgment is uncollectible" | 1159 |
| have the same meanings as in section 9.23 of the Revised Code. | 1160 |
| (2) "Recipient" means a person that enters into or is awarded | 1161 |
| a contract with a governmental entity for the provision of goods, | 1162 |
| services, or construction. | 1163 |
| (B) A recipient is liable to repay to the governmental entity | 1164 |
| any money received but not earned under the terms of the contract | 1165 |
| with the governmental entity. | 1166 |
| (C)(1) A governmental entity may bring a civil action for the | 1167 |
| recovery of money due to the governmental entity from a recipient | 1168 |
| under division (B) of this section. In such an action, any person | 1169 |
| with which the recipient has contracted for the performance of the | 1170 |
| recipient's material obligations under the recipient's contract | 1171 |
| with the governmental entity may be made a party defendant if the | 1172 |
| person is unable to demonstrate to the satisfaction of the | 1173 |
| governmental entity that the person has materially complied with | 1174 |
| the terms of the contract with the recipient. In such a case, the | 1175 |
| person may be made a party defendant and the governmental entity | 1176 |
| may obtain a judgment against the person in accordance with | 1177 |
| division (C)(2) of this section. | 1178 |
| (2) If a governmental entity obtains a judgment against a | 1179 |
| recipient in a civil action brought under division (C)(1) of this | 1180 |
| section and the judgment is uncollectible, the governmental entity | 1181 |
| may recover from the person with which the recipient contracted an | 1182 |
| amount not exceeding the lesser of the following: | 1183 |
| (a) The unsatisfied amount of the judgment; | 1184 |
| (b) The total amount received by the person from the | 1185 |
| recipient minus the total amount earned by the person under the | 1186 |
| terms of the recipient's contract with the governmental entity. | 1187 |
| (D) If a governmental entity, pursuant to this section, | 1188 |
| obtains a judgment against a recipient or against a person with | 1189 |
| which the recipient contracted and that judgment debtor does not | 1190 |
| voluntarily pay the amount of the judgment, that judgment debtor | 1191 |
| shall be precluded from contracting with a governmental entity to | 1192 |
| the extent provided in divisions (A) and (B) of section 9.24 of | 1193 |
| the Revised Code for a debtor against whom a finding of recovery | 1194 |
| has been issued. | 1195 |
| (E) In addition to other remedies provided in divisions (B) | 1196 |
| to (D) of this section, a governmental entity may void a contract | 1197 |
| between a recipient and another person for the performance by the | 1198 |
| other person of the recipient's obligations under the recipient's | 1199 |
| contract with the governmental entity to the extent that the other | 1200 |
| person has not yet performed its obligations under the contract. | 1201 |
| (F) If a recipient is liable to repay money to a governmental | 1202 |
| entity under this section and the judgment obtained by the | 1203 |
| governmental entity against the recipient is uncollectible, then | 1204 |
| in addition to other remedies provided in divisions (B) to (D) of | 1205 |
| this section, and after the governmental entity has obtained a | 1206 |
| judgment against any necessary third party, the governmental | 1207 |
| entity may void any of the following contracts: | 1208 |
| (1) A contract made not more than one hundred eighty days | 1209 |
| before the judgment against the recipient became uncollectible | 1210 |
| between the recipient and a director, trustee, or officer of the | 1211 |
| recipient or a business in which a director, trustee, or officer | 1212 |
| of the recipient has a material financial interest, if either of | 1213 |
| the following applies: | 1214 |
| (a) The recipient has paid substantial value for property | 1215 |
| received and the property can be returned to the other person. If | 1216 |
| the property has experienced only normal wear and tear, the person | 1217 |
| shall be liable to the governmental entity for the full amount the | 1218 |
| recipient paid for the property. Otherwise, the person shall be | 1219 |
| liable to the governmental entity only for the market value of the | 1220 |
| property. | 1221 |
| (b) The person with which the recipient contracted has | 1222 |
| received money that the recipient obtained pursuant to the | 1223 |
| contract with the governmental entity and has used the money other | 1224 |
| than for the performance of the contract. In such a case, the | 1225 |
| governmental entity may void the contract to the extent that the | 1226 |
| person has used the money other than for the performance of the | 1227 |
| contract, and the person shall be liable to the governmental | 1228 |
| entity for that amount. | 1229 |
| (2) A contract made not more than one hundred eighty days | 1230 |
| before the judgment against the recipient became uncollectible | 1231 |
| between the recipient and an employee of the recipient or a | 1232 |
| business in which an employee of the recipient has a material | 1233 |
| financial interest, if the employee has direct knowledge of the | 1234 |
| use of the money that the recipient obtained pursuant to the | 1235 |
| contract with the governmental entity and either division | 1236 |
| (F)(1)(a) or (b) of this section applies; | 1237 |
| (3) A contract between the recipient and another person | 1238 |
| pursuant to which the recipient has paid or agreed to pay money to | 1239 |
| the other person, to the extent that the other person has not yet | 1240 |
| performed its obligations under the contract; | 1241 |
| (4) A contract made not more than one year before the | 1242 |
| judgment against the recipient became uncollectible between the | 1243 |
| recipient and a person other than the governmental entity if the | 1244 |
| other person has not given or agreed to give consideration of | 1245 |
| reasonable and substantial value for the consideration given by | 1246 |
| the recipient. | 1247 |
| (G) This section does not apply with respect to any contract | 1248 |
| entered into by a governmental entity under section 9.231 of the | 1249 |
| Revised Code that is subject to section 9.236 of the Revised Code. | 1250 |
| Sec. 9.833. (A) As used in this section, "political | 1251 |
| subdivision" means a municipal corporation, township, county, | 1252 |
| 1253 | |
| for governmental activities in a geographic area smaller than that | 1254 |
| of the state, and agencies and instrumentalities of these | 1255 |
| entities. For purposes of this section, a school district is not a | 1256 |
| "political subdivision." | 1257 |
| (B) Political subdivisions that provide health care benefits | 1258 |
| for their officers or employees may do any of the following: | 1259 |
| (1) Establish and maintain an individual self-insurance | 1260 |
| program with public moneys to provide authorized health care | 1261 |
| benefits, including but not limited to, health care, prescription | 1262 |
| drugs, dental care, and vision care, in accordance with division | 1263 |
| (C) of this section; | 1264 |
| (2) After establishing an individual self-insurance program, | 1265 |
| agree with other political subdivisions that have established | 1266 |
| individual self-insurance programs for health care benefits, that | 1267 |
| their programs will be jointly administered in a manner specified | 1268 |
| in the agreement; | 1269 |
| (3) Pursuant to a written agreement and in accordance with | 1270 |
| division (C) of this section, join in any combination with other | 1271 |
| political subdivisions to establish and maintain a joint | 1272 |
| self-insurance program to provide health care benefits; | 1273 |
| (4) Pursuant to a written agreement, join in any combination | 1274 |
| with other political subdivisions to procure or contract for | 1275 |
| policies, contracts, or plans of insurance to provide health care | 1276 |
| benefits for their officers and employees subject to the | 1277 |
| agreement; | 1278 |
| (5) Use in any combination any of the policies, contracts, | 1279 |
| plans, or programs authorized under this division. | 1280 |
| (C) Except as otherwise provided in division (E) of this | 1281 |
| section, the following apply to individual or joint self-insurance | 1282 |
| programs established pursuant to this section: | 1283 |
| (1) Such funds shall be reserved as are necessary, in the | 1284 |
| exercise of sound and prudent actuarial judgment, to cover | 1285 |
| potential cost of health care benefits for the officers and | 1286 |
| employees of the political subdivision. A report of amounts so | 1287 |
| reserved and disbursements made from such funds, together with a | 1288 |
| written report of a member of the American academy of actuaries | 1289 |
| certifying whether the amounts reserved conform to the | 1290 |
| requirements of this division, are computed in accordance with | 1291 |
| accepted loss reserving standards, and are fairly stated in | 1292 |
| accordance with sound loss reserving principles, shall be prepared | 1293 |
| and maintained, within ninety days after the last day of the | 1294 |
| fiscal year of the entity for which the report is provided for | 1295 |
| that fiscal year, in the office of the program administrator | 1296 |
| described in division (C)(3) of this section. | 1297 |
| The report required by division (C)(1) of this section shall | 1298 |
| include, but not be limited to, disbursements made for the | 1299 |
| administration of the program, including claims paid, costs of the | 1300 |
| legal representation of political subdivisions and employees, and | 1301 |
| fees paid to consultants. | 1302 |
| The program administrator described in division (C)(3) of | 1303 |
| this section shall make the report required by this division | 1304 |
| available for inspection by any person at all reasonable times | 1305 |
| during regular business hours, and, upon the request of such | 1306 |
| person, shall make copies of the report available at cost within a | 1307 |
| reasonable period of time. | 1308 |
| (2) Each political subdivision shall reserve funds necessary | 1309 |
| for an individual or joint self-insurance program in a special | 1310 |
| fund that may be established for political subdivisions other than | 1311 |
| an agency or instrumentality pursuant to an ordinance or | 1312 |
| resolution of the political subdivision and not subject to section | 1313 |
| 5705.12 of the Revised Code. An agency or instrumentality shall | 1314 |
| reserve the funds necessary for an individual or joint | 1315 |
| self-insurance program in a special fund established pursuant to a | 1316 |
| resolution duly adopted by the agency's or instrumentality's | 1317 |
| governing board. The political subdivision may allocate the costs | 1318 |
| of insurance or any self-insurance program, or both, among the | 1319 |
| funds or accounts | 1320 |
| this division on the basis of relative exposure and loss | 1321 |
| experience. | 1322 |
| (3) A contract may be awarded, without the necessity of | 1323 |
| competitive bidding, to any person, political subdivision, | 1324 |
| nonprofit corporation organized under Chapter 1702. of the Revised | 1325 |
| Code, or regional council of governments created under Chapter | 1326 |
| 167. of the Revised Code for purposes of administration of an | 1327 |
| individual or joint self-insurance program. No such contract shall | 1328 |
| be entered into without full, prior, public disclosure of all | 1329 |
| terms and conditions. The disclosure shall include, at a minimum, | 1330 |
| a statement listing all representations made in connection with | 1331 |
| any possible savings and losses resulting from the contract, and | 1332 |
| potential liability of any political subdivision or employee. The | 1333 |
| proposed contract and statement shall be disclosed and presented | 1334 |
| at a meeting of the political subdivision not less than one week | 1335 |
| prior to the meeting at which the political subdivision authorizes | 1336 |
| the contract. | 1337 |
| A contract awarded to a nonprofit corporation or a regional | 1338 |
| council of governments under this division may provide that all | 1339 |
| employees of the nonprofit corporation or regional council of | 1340 |
| governments and the employees of all entities related to the | 1341 |
| nonprofit corporation or regional council of governments may be | 1342 |
| covered by the individual or joint self-insurance program under | 1343 |
| the terms and conditions set forth in the contract. | 1344 |
| (4) The individual or joint self-insurance program shall | 1345 |
| include a contract with a member of the American academy of | 1346 |
| actuaries for the preparation of the written evaluation of the | 1347 |
| reserve funds required under division (C)(1) of this section. | 1348 |
| (5) A joint self-insurance program may allocate the costs of | 1349 |
| funding the program among the funds or accounts | 1350 |
| 1351 | |
| subdivisions on the basis of their relative exposure and loss | 1352 |
| experience. | 1353 |
| (6) An individual self-insurance program may allocate the | 1354 |
| costs of funding
the
program among the funds or accounts | 1355 |
| 1356 | |
| subdivision that established the program. | 1357 |
| (7) Two or more political subdivisions may also authorize the | 1358 |
| establishment and maintenance of a joint health care cost | 1359 |
| containment program, including, but not limited to, the employment | 1360 |
| of risk managers, health care cost containment specialists, and | 1361 |
| consultants, for the purpose of preventing and reducing health | 1362 |
| care costs covered by insurance, individual self-insurance, or | 1363 |
| joint self-insurance programs. | 1364 |
| (8) A political subdivision is not liable under a joint | 1365 |
| self-insurance program for any amount in excess of amounts payable | 1366 |
| pursuant to the written agreement for the participation of the | 1367 |
| political subdivision in the joint self-insurance program. Under a | 1368 |
| joint self-insurance program agreement, a political subdivision | 1369 |
| may, to the extent permitted under the written agreement, assume | 1370 |
| the risks of any other political subdivision. A joint | 1371 |
| self-insurance program established under this section is deemed a | 1372 |
| separate legal entity for the public purpose of enabling the | 1373 |
| members of the joint self-insurance program to obtain insurance or | 1374 |
| to provide for a formalized, jointly administered self-insurance | 1375 |
| fund for its members. An entity created pursuant to this section | 1376 |
| is exempt from all state and local taxes. | 1377 |
| (9) Any political subdivision, other than an agency or | 1378 |
| instrumentality, may issue general obligation bonds, or special | 1379 |
| obligation bonds that are not payable from real or personal | 1380 |
| property taxes, and may also issue notes in anticipation of such | 1381 |
| bonds, pursuant to an ordinance or resolution of its legislative | 1382 |
| authority or other governing body for the purpose of providing | 1383 |
| funds to pay expenses associated with the settlement of claims, | 1384 |
| whether by way of a reserve or otherwise, and to pay the political | 1385 |
| subdivision's portion of the cost of establishing and maintaining | 1386 |
| an individual or joint self-insurance program or to provide for | 1387 |
| the reserve in the special fund authorized by division (C)(2) of | 1388 |
| this section. | 1389 |
| In its ordinance or resolution authorizing bonds or notes | 1390 |
| under this section, a political subdivision may elect to issue | 1391 |
| such bonds or notes under the procedures set forth in Chapter 133. | 1392 |
| of the Revised Code. In the event of such an election, | 1393 |
| notwithstanding Chapter 133. of the Revised Code, the maturity of | 1394 |
| the bonds may be for any period authorized in the ordinance or | 1395 |
| resolution not exceeding twenty years, which period shall be the | 1396 |
| maximum maturity of the bonds for purposes of section 133.22 of | 1397 |
| the Revised Code. | 1398 |
| Bonds and notes issued under this section shall not be | 1399 |
| considered in calculating the net indebtedness of the political | 1400 |
| subdivision under sections 133.04, 133.05, 133.06, and 133.07 of | 1401 |
| the Revised Code. Sections 9.98 to 9.983 of the Revised Code are | 1402 |
| hereby made applicable to bonds or notes authorized under this | 1403 |
| section. | 1404 |
| (10) A joint self-insurance program is not an insurance | 1405 |
| company. Its operation does not constitute doing an insurance | 1406 |
| business and is not subject to the insurance laws of this state. | 1407 |
| (D) A political subdivision may procure group life insurance | 1408 |
| for its employees in conjunction with an individual or joint | 1409 |
| self-insurance program authorized by this section, provided that | 1410 |
| the policy of group life insurance is not self-insured. | 1411 |
| (E) Divisions (C)(1), (2), and (4) of this section do not | 1412 |
| apply to individual self-insurance programs in municipal | 1413 |
| corporations, townships, or counties. | 1414 |
| (F) A public official or employee of a political subdivision | 1415 |
| who is or becomes a member of the governing body of the program | 1416 |
| administrator of a joint self-insurance program in which the | 1417 |
| political subdivision participates is not in violation of division | 1418 |
| (D) or (E) of section 102.03, division (C) of section 102.04, or | 1419 |
| section 2921.42 of the Revised Code as a result of either of the | 1420 |
| following: | 1421 |
| (1) The political subdivision's entering under this section | 1422 |
| into the written agreement to participate in the joint | 1423 |
| self-insurance program; | 1424 |
| (2) The political subdivision's entering under this section | 1425 |
| into any other contract with the joint self-insurance program. | 1426 |
| Sec. 9.90. (A) The governing board of any public institution | 1427 |
| of higher education, including without limitation state | 1428 |
| universities and colleges, community college districts, university | 1429 |
| branch districts, technical college districts, and municipal | 1430 |
| universities, | 1431 |
| may, in addition to all other powers provided in the Revised Code: | 1432 |
| (1) Contract for, purchase, or otherwise procure from an | 1433 |
| insurer or insurers licensed to do business by the state of Ohio | 1434 |
| for or on behalf of such of its employees as it may determine, | 1435 |
| life insurance, or sickness, accident, annuity, endowment, health, | 1436 |
| medical, hospital, dental, or surgical coverage and benefits, or | 1437 |
| any combination thereof, by means of insurance plans or other | 1438 |
| types of coverage, family, group or otherwise, and may pay from | 1439 |
| funds under its control and available for such purpose all or any | 1440 |
| portion of the cost, premium, or charge for such insurance, | 1441 |
| coverage, or benefits. However, the governing board, in addition | 1442 |
| to or as an alternative to the authority otherwise granted by | 1443 |
| division (A)(1) of this section, may elect to procure coverage for | 1444 |
| health care services, for or on behalf of such of its employees as | 1445 |
| it may determine, by means of policies, contracts, certificates, | 1446 |
| or agreements issued by at least two health insuring corporations | 1447 |
| holding a certificate of authority under Chapter 1751. of the | 1448 |
| Revised Code and may pay from funds under the governing board's | 1449 |
| control and available for such purpose all or any portion of the | 1450 |
| cost of such coverage. | 1451 |
| (2) Make payments to a custodial account for investment in | 1452 |
| regulated investment company stock for the purpose of providing | 1453 |
| retirement benefits as described in section 403(b)(7) of the | 1454 |
| Internal Revenue Code of 1954, as amended. Such stock shall be | 1455 |
| purchased only from persons authorized to sell such stock in this | 1456 |
| state. | 1457 |
| Any income of an employee deferred under divisions (A)(1) and | 1458 |
| (2) of this section in a deferred compensation program eligible | 1459 |
| for favorable tax treatment under the Internal Revenue Code of | 1460 |
| 1954, as amended, shall continue to be included as regular | 1461 |
| compensation for the purpose of computing the contributions to and | 1462 |
| benefits from the retirement system of such employee. Any sum so | 1463 |
| deferred shall not be included in the computation of any federal | 1464 |
| and state income taxes withheld on behalf of any such employee. | 1465 |
| (B) All or any portion of the cost, premium, or charge | 1466 |
| therefor may be paid in such other manner or combination of | 1467 |
|
manners as the governing board | 1468 |
| including direct payment by the employee in cases under division | 1469 |
| (A)(1) of this section, and, if authorized in writing by the | 1470 |
| employee in cases under division (A)(1) or (2) of this section, by | 1471 |
| such governing board | 1472 |
| deduction from or reduction in salary or wages or by the foregoing | 1473 |
| of a salary or wage increase. Division (B)(7) of section 3917.01 | 1474 |
| and the last paragraph of section 3917.06 of the Revised Code | 1475 |
| shall not prohibit the issuance or purchase of group life | 1476 |
| insurance authorized by this section by reason of payment of | 1477 |
|
premiums therefor by the governing board | 1478 |
| its funds, and such group life insurance may be so issued and | 1479 |
| purchased if otherwise consistent with the provisions of sections | 1480 |
| 3917.01 to 3917.07 of the Revised Code. | 1481 |
| (C) The board of education of any school district may | 1482 |
| exercise any of the powers granted to the governing boards of | 1483 |
| public institutions of higher education under divisions (A) and | 1484 |
| (B) of this section, except in relation to the provision of health | 1485 |
| care benefits to employees. All health care benefits provided to | 1486 |
| persons employed by the public schools of this state shall be | 1487 |
| medical plans designed by the school employees health care board | 1488 |
| pursuant to section 9.901 of the Revised Code. | 1489 |
| Sec. 9.901. (A)(1) All health care benefits provided to | 1490 |
| persons employed by the public schools of this state shall be | 1491 |
| provided by medical plans designed pursuant to this section by the | 1492 |
| school employees health care board. The board, in consultation | 1493 |
| with the superintendent of insurance, shall negotiate with and, in | 1494 |
| accordance with the competitive selection procedures of Chapter | 1495 |
| 125. of the Revised Code, contract with one or more insurance | 1496 |
| companies authorized to do business in this state for the issuance | 1497 |
| of the plans. Any or all of the medical plans designed by the | 1498 |
| board may be self-insured. All self-insured plans adopted shall be | 1499 |
| administered by the board in accordance with this section. As used | 1500 |
| in this section, a "public school" means a school in a city, | 1501 |
| local, exempted village, or joint vocational school district, and | 1502 |
| includes the educational service centers associated with those | 1503 |
| schools. | 1504 |
| (2) Prior to soliciting proposals from insurance companies | 1505 |
| for the issuance of medical plans, the board shall determine what | 1506 |
| geographic regions exist in the state based on the availability of | 1507 |
| providers, networks, costs, and other factors relating to | 1508 |
| providing health care benefits. The board shall then determine | 1509 |
| what medical plans are offered by school districts and existing | 1510 |
| consortiums in the state. The board shall determine what medical | 1511 |
| plan offered by a school district or existing consortium in the | 1512 |
| region offers the lowest premium cost plan. | 1513 |
| (3) The board shall develop a request for proposals and | 1514 |
| solicit bids for medical plans for the school districts in a | 1515 |
| region similar to the existing plans. The board shall also | 1516 |
| determine the benefits offered by existing medical plans, the | 1517 |
| employees' costs, and the cost-sharing arrangements used by public | 1518 |
| schools participating in a consortium. The board shall determine | 1519 |
| what strategies are used by the existing medical plans to manage | 1520 |
| health care costs and shall study the potential benefits of state | 1521 |
| or regional consortiums of public schools offering multiple health | 1522 |
| care plans. | 1523 |
| (4) As used in this section, a "medical plan" includes group | 1524 |
| policies, contracts, and agreements that provide hospital, | 1525 |
| surgical, or medical expense coverage, including self-insured | 1526 |
| plans. A "medical plan" does not include an individual plan | 1527 |
| offered to the employees of a public school, or a plan that | 1528 |
| provides coverage only for specific disease or accidents, or a | 1529 |
| hospital indemnity, medicare supplement, or other plan that | 1530 |
| provides only supplemental benefits, paid for by the employees of | 1531 |
| a public school. | 1532 |
| (B) The school employees health care board is hereby created. | 1533 |
| The school employees health care board shall consist of the | 1534 |
| following nine members and shall include individuals with | 1535 |
| experience with public school benefit programs, health care | 1536 |
| industry providers, and medical plan beneficiaries: | 1537 |
| (1) Three members appointed by the governor; | 1538 |
| (2) Three members appointed by the president of the senate; | 1539 |
| (3) Three members appointed by the speaker of the house of | 1540 |
| representatives. | 1541 |
| A member of the school employees health care board shall not | 1542 |
| be employed by, represent, or in any way be affiliated with a | 1543 |
| private entity that is providing services to the board, an | 1544 |
| individual school district, employers, or employees in the state | 1545 |
| of Ohio. | 1546 |
| (C)(1) Members of the school employees health care board | 1547 |
| shall serve four-year terms; however, one of each of the initial | 1548 |
| members appointed under divisions (B)(1) to (3) of this section | 1549 |
| shall be appointed to a term of one year. The initial appointments | 1550 |
| under this section shall be made within forty-five days after the | 1551 |
| effective date of this section. | 1552 |
| Members' terms shall end on the same day of the same month as | 1553 |
| the effective date of this section, but a member shall continue to | 1554 |
| serve subsequent to the expiration of the member's term until a | 1555 |
| successor is appointed. Any vacancy occurring during a member's | 1556 |
| term shall be filled in the same manner as the original | 1557 |
| appointment, except that the person appointed to fill the vacancy | 1558 |
| shall be appointed to the remainder of the unexpired term. | 1559 |
| (2) Members shall serve without compensation but shall be | 1560 |
| reimbursed from the school employees health care fund for actual | 1561 |
| and necessary expenses incurred in the performance of their | 1562 |
| official duties as members of the board. | 1563 |
| (3) Members may be removed by their appointing authority for | 1564 |
| misfeasance, malfeasance, incompetence, dereliction of duty, or | 1565 |
| other just cause. | 1566 |
| (D)(1) The governor shall call the first meeting of the | 1567 |
| school employees health care board. At that meeting, and annually | 1568 |
| thereafter, the board shall elect a chairperson and may elect | 1569 |
| members to other positions on the board as the board considers | 1570 |
| necessary or appropriate. The board shall meet at least four times | 1571 |
| each calendar year and shall also meet at the call of the | 1572 |
| chairperson or three or more board members. The chairperson shall | 1573 |
| provide reasonable advance notice of the time and place of board | 1574 |
| meetings to all members. | 1575 |
| (2) A majority of the board constitutes a quorum for the | 1576 |
| transaction of business at a board meeting. A majority vote of the | 1577 |
| members present is necessary for official action. | 1578 |
| (E) The school employees health care board shall conduct its | 1579 |
| business at open meetings; however, the records of the board are | 1580 |
| not public records for purposes of section 149.43 of the Revised | 1581 |
| Code. | 1582 |
| (F) The school employees health care fund is hereby created | 1583 |
| in the state treasury. The public schools shall pay all school | 1584 |
| employees health care board plan premiums in the manner prescribed | 1585 |
| by the school employees health care board to the board for deposit | 1586 |
| into the school employees health care fund. All funds in the | 1587 |
| school employees health care fund shall be used solely for the | 1588 |
| provision of health care benefits to public schools employees | 1589 |
| pursuant to this section and related administrative costs. | 1590 |
| Premiums received by the board or insurance companies contracted | 1591 |
| pursuant to division (A) of this section are not subject to any | 1592 |
| state insurance premium tax. | 1593 |
| (G) The school employees health care board shall do all of | 1594 |
| the following: | 1595 |
| (1) Design multiple medical plans, including regional plans, | 1596 |
| to provide, in the board's judgment, the optimal combination of | 1597 |
| coverage, cost, choice, and stability of health cost benefits. The | 1598 |
| board may establish more than one tier of premium rates for any | 1599 |
| medical plan. The board shall establish regions as necessary for | 1600 |
| the implementation of the board's medical plans. Plans and premium | 1601 |
| rates may vary across the regions established by the board. | 1602 |
| (2) Set an aggregate goal for employee and employer portions | 1603 |
| of premiums for the board's medical plans so as to manage plan | 1604 |
| participation and encourage the use of value-based plan | 1605 |
| participation by employees; | 1606 |
| (3) Set employer and employee plan copayments, deductibles, | 1607 |
| exclusions, limitations, formularies, premium shares, and other | 1608 |
| responsibilities; | 1609 |
| (4) Include disease management and consumer education | 1610 |
| programs, to the extent that the board determines is appropriate, | 1611 |
| in all medical plans designed by the board, which programs shall | 1612 |
| include, but are not limited to, wellness programs and other | 1613 |
| measures designed to encourage the wise use of medical plan | 1614 |
| coverage. These programs are not services or treatments for | 1615 |
| purposes of section 3901.71 of the Revised Code. | 1616 |
| (5) Create and distribute to the governor, the speaker of the | 1617 |
| house of representatives, and the president of the senate, an | 1618 |
| annual report covering the plan background; plan coverage options; | 1619 |
| plan administration, including procedures for monitoring and | 1620 |
| managing objectives, scope, and methodology; plan operations; | 1621 |
| employee and employer contribution rates and the relationship | 1622 |
| between the rates and the school employees health care fund | 1623 |
| balance; a means to develop and maintain identity and evaluate | 1624 |
| alternative employee and employer cost-sharing strategies; an | 1625 |
| evaluation of the effectiveness of cost-saving services and | 1626 |
| programs; an evaluation of efforts to control and manage member | 1627 |
| eligibility and to insure that proper employee and employer | 1628 |
| contributions are remitted to the trust fund; efforts to prevent | 1629 |
| and detect fraud; and efforts to manage and monitor board | 1630 |
| contracts; | 1631 |
| (6) Utilize cost containment measures aligned with patient, | 1632 |
| plan, and provider management strategies in developing and | 1633 |
| managing medical plans. | 1634 |
| (H) The sections in Chapter 3923. of the Revised Code | 1635 |
| regulating public employee benefit plans are not applicable to the | 1636 |
| medical plans designed pursuant to this section. | 1637 |
| (I)(1) Public schools are not subject to this section prior | 1638 |
| to the release of medical plans designed pursuant to this section. | 1639 |
| (2) Prior to the school employees health care board's release | 1640 |
| of the board's initial medical plans, the board shall contract | 1641 |
| with an independent consultant to analyze costs related to | 1642 |
| employee health care benefits provided by existing school district | 1643 |
| plans in this state. The consultant shall determine the benefits | 1644 |
| offered by existing medical plans, the employees' costs, and the | 1645 |
| cost-sharing arrangements used by public schools either | 1646 |
| participating in a consortium or by other means. The consultant | 1647 |
| shall determine what strategies are used by the existing medical | 1648 |
| plans to manage health care costs and shall study the potential | 1649 |
| benefits of state or regional consortiums of public schools | 1650 |
| offering multiple health care plans. Based on the findings of the | 1651 |
| analysis, the consultant shall submit written recommendations to | 1652 |
| the board for the development and implementation of a successful | 1653 |
| program for pooling school districts' purchasing power for the | 1654 |
| acquisition of employee medical plans. The consultant's | 1655 |
| recommendations shall address, at a minimum, all of the following | 1656 |
| issues: | 1657 |
| (a) The establishment of regions for the provision of medical | 1658 |
| plans, based on the availability of providers and plans in the | 1659 |
| state at the time that the school employees health care board is | 1660 |
| established; | 1661 |
| (b) The use of regional preferred provider and closed panel | 1662 |
| plans, health savings accounts, and alternative medical plans, to | 1663 |
| stabilize both costs and the premiums charged school districts and | 1664 |
| district employees; | 1665 |
| (c) The development of a system to obtain eligibility data | 1666 |
| and data compiled pursuant to the Consolidated Omnibus Budget | 1667 |
| Reconciliation Act of 1985 (COBRA), 100 Stat. 227, 29 U.S.C. 1161, | 1668 |
| as amended; | 1669 |
| (d) The use of the competitive bidding process for regional | 1670 |
| medical plans; | 1671 |
| (e) The development of a timeline planning for the design and | 1672 |
| use of board medical plans by not later than December 31, 2007; | 1673 |
| (f) The use of information on claims and costs and of | 1674 |
| information reported by districts pursuant to COBRA in analyzing | 1675 |
| administrative and premium costs; | 1676 |
| (g) The experience of states that have mandated statewide | 1677 |
| medical plans for public school employees, including the | 1678 |
| implementation strategies used by those states; | 1679 |
| (h) Recommended strategies for the use of first-year roll-in | 1680 |
| premiums in the transition from district medical plans to school | 1681 |
| employees health care board plans; | 1682 |
| (i) The option of allowing school districts to join an | 1683 |
| existing regional consortium as an alternative to school employees | 1684 |
| health care board plans; | 1685 |
| (j) Mandatory and optional coverages to be offered by the | 1686 |
| board's medical plans; | 1687 |
| (k) Potential risks to the state from the use of medical | 1688 |
| plans developed pursuant to this section; | 1689 |
| (l) Any legislation needed to ensure the long-term financial | 1690 |
| solvency and stability of a health care purchasing system; | 1691 |
| (m) The potential impacts of any changes to the existing | 1692 |
| purchasing structure on all of the following: | 1693 |
| (i) Existing health care pooling and consortiums; | 1694 |
| (ii) School district employees; | 1695 |
| (iii) Individual school districts. | 1696 |
| (n) Issues that could arise when school districts transition | 1697 |
| from the existing purchasing structure to a new purchasing | 1698 |
| structure; | 1699 |
| (o) Strategies available to the board in the creation of fund | 1700 |
| reserves and the need for stop-loss insurance coverage for | 1701 |
| catastrophic losses; | 1702 |
| (p) Any legislation needed to establish and maintain medical | 1703 |
| plans designed pursuant to this section. The consultant shall | 1704 |
| submit all legislative recommendations not later than December 31, | 1705 |
| 2005, in writing, to the school employees health care board and to | 1706 |
| the governor, the speaker of the house of representatives, and the | 1707 |
| president of the senate. | 1708 |
| (3) The public schools health care advisory committee is | 1709 |
| hereby created under the school employees health care board. The | 1710 |
| committee shall make recommendations to the school employees | 1711 |
| health care board related to the board's accomplishment of the | 1712 |
| duties assigned to the board under this section. The committee | 1713 |
| shall consist of eighteen members. The governor, the speaker of | 1714 |
| the house of representatives, and the president of the senate | 1715 |
| shall each appoint a representative from the Ohio education | 1716 |
| association, the Ohio school boards association, the Ohio | 1717 |
| association of school business officials, the Ohio association of | 1718 |
| health underwriters, an existing health care consortium serving | 1719 |
| public schools, and a health insuring corporation licensed to do | 1720 |
| business in Ohio and recommended by the Ohio association of health | 1721 |
| plans. The initial appointees shall be appointed to a one-year | 1722 |
| term not later than July 31, 2005, the members' term to begin on | 1723 |
| that date. Subsequent one-year appointments, to commence on the | 1724 |
| thirty-first day of July of each year, shall be made in the same | 1725 |
| manner. A member shall continue to serve subsequent to the | 1726 |
| expiration of the member's term until the member's successor is | 1727 |
| appointed. Any vacancy occurring during a member's term shall be | 1728 |
| filled in the same manner as the original appointment, except that | 1729 |
| the person appointed to fill the vacancy shall be appointed to the | 1730 |
| remainder of the unexpired term. The governor shall call the first | 1731 |
| meeting of each newly appointed committee. At that meeting the | 1732 |
| board shall elect a chairperson who shall call the time and place | 1733 |
| of future committee meetings. Committee members are not subject to | 1734 |
| the conditions for eligibility set by division (B) of this section | 1735 |
| for members of the school employees health care board. | 1736 |
| (4) The school employees health care board shall submit a | 1737 |
| written study to the governor and the general assembly not later | 1738 |
| than January 15, 2006, of a plan to operate in compliance with | 1739 |
| this section, and on the governance of the school employees health | 1740 |
| care board. A copy of the board's plan of operation, including | 1741 |
| audit provisions, shall accompany the report on the board's | 1742 |
| governance and the report shall include the board's | 1743 |
| recommendations on any legislation needed to enforce the | 1744 |
| recommendations of the board on implementing the provisions of | 1745 |
| this section. | 1746 |
| (5) Not later than January 15, 2009, and not later than the | 1747 |
| same day of each subsequent year, the school employees health care | 1748 |
| board shall submit a written report to the governor and each | 1749 |
| member of the general assembly, which report evaluates the | 1750 |
| performance of school employees health care board medical plans | 1751 |
| during the previous year. Districts offering employee health care | 1752 |
| benefits through a plan offered by a consortium of two or more | 1753 |
| districts, or a consortium of one or more districts and one or | 1754 |
| more political subdivisions as defined in section 9.833 of the | 1755 |
| Revised Code, representing five thousand or more employees as of | 1756 |
| January 1, 2005, may request permission from the school employees | 1757 |
| health care board to continue offering consortium plans to the | 1758 |
| districts' employees at the discretion of the board. If the board | 1759 |
| grants permission, the permission is valid for only one year but | 1760 |
| may be renewed annually thereafter upon application to an approval | 1761 |
| of the board. The board shall grant initial or continued approval | 1762 |
| upon finding, based on an actuarial evaluation of the existing | 1763 |
| consortium plan offerings, that benefit design, premium costs, | 1764 |
| administrative cost, and other factors considered by the board are | 1765 |
| equivalent to or lower than comparable costs of the board's plan | 1766 |
| options offered to the local district. Age and gender adjustments, | 1767 |
| benefit comparison adjustments, and the total cost of the | 1768 |
| consortium plan, including administration, benefit cost, stop-loss | 1769 |
| insurance, and all other expenses or information requested by the | 1770 |
| board shall be presented to the board prior to the board's | 1771 |
| decision to allow a local district to continue to offer health | 1772 |
| care benefits under a consortium plan. A district shall not | 1773 |
| participate in the consortium plan once the district has chosen to | 1774 |
| offer plans designed by the board to the district's employees and | 1775 |
| begins premium payments for deposit into the school employees | 1776 |
| health care fund. | 1777 |
| (6) Any districts providing medical plan coverage for the | 1778 |
| employees of public schools, or that have provided coverage within | 1779 |
| two years prior to the effective date of this section, shall | 1780 |
| provide nonidentifiable aggregate claims data for the coverage to | 1781 |
| the school employees health care board or the department of | 1782 |
| administrative services, without charge, within thirty days after | 1783 |
| receiving a written request from the board or the department. The | 1784 |
| claims data shall include data relating to employee group benefit | 1785 |
| sets, demographics, and claims experience. | 1786 |
| (J) The school employees health care board may contract with | 1787 |
| other state agencies as the board deems necessary for the | 1788 |
| implementation and operation of this section, based on | 1789 |
| demonstrated experience and expertise in administration, | 1790 |
| management, data handling, actuarial studies, quality assurance, | 1791 |
| or other needed services. The school employees health care board | 1792 |
| shall contract with the department of administrative services for | 1793 |
| central services until the board is able to obtain such services | 1794 |
| from other sources. The board shall reimburse the department of | 1795 |
| administrative services for the reasonable cost of those services. | 1796 |
| (K) The board's administrative functions shall include, but | 1797 |
| are not limited to, the following: | 1798 |
| (1) Maintaining reserves in the school employees health care | 1799 |
| fund, reinsurance, and other measures that in the judgment of the | 1800 |
| board will result in the long-term stability and solvency of the | 1801 |
| medical plans designed by the board. The board shall bill school | 1802 |
| districts, in proportion to a district's premium payments to all | 1803 |
| premium payments paid into the school employees health care fund | 1804 |
| during the previous year, in order to maintain necessary reserves, | 1805 |
| reinsurance, and administrative and operating funds. Each school | 1806 |
| district contributing to a board medical plan shall share any | 1807 |
| losses due to the expense of claims paid by the plan. In the event | 1808 |
| of a loss, the board may bill each district an amount, in | 1809 |
| proportion to the district's premium payments to all premium | 1810 |
| payments paid into the school employees health care fund during | 1811 |
| the previous year, sufficient in total to cover the loss. The | 1812 |
| state is not liable for any obligations of the school employees | 1813 |
| health care board or the school employees health care fund, or for | 1814 |
| expenses of public schools or school districts related to the | 1815 |
| board's medical plans. | 1816 |
| (2) Providing health care information, wellness programs, and | 1817 |
| other preventive health care measures to medical plan | 1818 |
| beneficiaries, to the extent that the board determines to be | 1819 |
| appropriate; | 1820 |
| (3) Coordinating contracts for services related to the | 1821 |
| board's medical plans. Contracts shall be approved by the school | 1822 |
| employees health care board. | 1823 |
| (L) Not less than ninety days before coverage begins for | 1824 |
| public school employees under medical plans designed by the school | 1825 |
| employees health care board, a school district's board of | 1826 |
| education shall provide detailed information about the medical | 1827 |
| plans to the employees. | 1828 |
| (M) Nothing in this section shall be construed as prohibiting | 1829 |
| public schools or school districts from consulting with and | 1830 |
| compensating insurance agents and brokers for professional | 1831 |
| services. | 1832 |
| (N) The department of administrative services shall report to | 1833 |
| the governor, the speaker of the house of representatives, and the | 1834 |
| president of the senate within eighteen months after the effective | 1835 |
| date of this section on the feasibility of achieving all of the | 1836 |
| following: | 1837 |
| (1) Designing multiple medical plans to cover persons | 1838 |
| employed by public institutions of higher education that achieve | 1839 |
| an optimal combination of coverage, cost, choice, and stability, | 1840 |
| which plans include both state and regional preferred provider | 1841 |
| plans, set employee and employer premiums, and set employee plan | 1842 |
| copayments, deductibles, exclusions, limitations, formularies, and | 1843 |
| other responsibilities. For this purpose, "public institutions of | 1844 |
| higher education" include, without limitation, state universities | 1845 |
| and colleges, state community college districts, community college | 1846 |
| districts, university branch districts, technical college | 1847 |
| districts, and municipal universities. | 1848 |
| (2) Maintaining reserves, reinsurance, and other measures to | 1849 |
| insure the long-term stability and solvency of the medical plans; | 1850 |
| (3) Providing appropriate health care information, wellness | 1851 |
| programs, and other preventive health care measures to medical | 1852 |
| plan beneficiaries; | 1853 |
| (4) Coordinating contracts for services related to the | 1854 |
| medical plans. | 1855 |
| Sec. 9.981. (A) Sections 9.98 to 9.983 of the Revised Code | 1856 |
| are applicable to bonds: | 1857 |
| (1) The payment of the debt service on which is to be | 1858 |
| provided for directly or indirectly by payments contracted to be | 1859 |
| made in the bond proceedings by the absolute obligors, being | 1860 |
| persons other than the issuer; and | 1861 |
| (2) Which are authorized to be issued under sections 122.39 | 1862 |
| to 122.62, Chapter 165., 902., 3377., 3706., division (A)(4) of | 1863 |
| section 4582.06, division (A)(8) of section 4582.31, section | 1864 |
| 4582.48, or Chapter 6121. or 6123. of the Revised Code, | 1865 |
| notwithstanding other provisions therein. | 1866 |
| (B) Sections 9.98 to 9.983 of the Revised Code are applicable | 1867 |
| to bonds issued under sections 306.37 and 6119.12 of the Revised | 1868 |
| Code and Chapters | 1869 |
| Revised Code, and to any bonds authorized under laws which | 1870 |
| expressly make those sections applicable. | 1871 |
| (C) Subject to division (A) of this section, the authority | 1872 |
| provided in sections 9.98 to 9.983 of the Revised Code is | 1873 |
| supplemental to and not in derogation of any similar authority | 1874 |
| provided by, derived from, or implied by, any law, the Ohio | 1875 |
| Constitution, or any charter, resolution, or ordinance, and no | 1876 |
| inference shall be drawn to negate the authority thereunder by | 1877 |
| reason of the express provisions of sections 9.98 to 9.983 of the | 1878 |
| Revised Code. | 1879 |
| (D) Sections 9.98 to 9.983 of the Revised Code shall be | 1880 |
| liberally construed to permit flexibility in the arrangements | 1881 |
| therein provided to enhance the issuance of such bonds and provide | 1882 |
| for terms most beneficial and satisfactory to the persons which | 1883 |
| undertake to provide for their payment, security, and liquidity. | 1884 |
| Sec. 101.391. (A) There is hereby created the joint | 1885 |
| legislative committee on medicaid technology and reform. The | 1886 |
| committee may review or study any matter that it considers | 1887 |
| relevant to the operation of the medicaid program established | 1888 |
| under Chapter 5111. of the Revised Code, with priority given to | 1889 |
| the study or review of mechanisms to enhance the program's | 1890 |
| effectiveness through improved technology systems and program | 1891 |
| reform. | 1892 |
| (B) The committee shall consist of five members of the house | 1893 |
| of representatives appointed by the speaker of the house of | 1894 |
| representatives and five members of the senate appointed by the | 1895 |
| president of the senate. Not more than three members appointed by | 1896 |
| the speaker of the house of representatives and not more than | 1897 |
| three members appointed by the president of the senate may be of | 1898 |
| the same political party. | 1899 |
| Each member of the committee shall hold office during the | 1900 |
| general assembly in which the member is appointed and until a | 1901 |
| successor has been appointed, notwithstanding the adjournment sine | 1902 |
| die of the general assembly in which the member was appointed or | 1903 |
| the expiration of the member's term as a member of the general | 1904 |
| assembly. Any vacancies occurring among the members of the | 1905 |
| committee shall be filled in the manner of the original | 1906 |
| appointment. | 1907 |
| (C) The committee has the same powers as other standing or | 1908 |
| select committees of the general assembly. The committee may | 1909 |
| employ an executive director. | 1910 |
| Sec. 101.68. (A) | 1911 |
| section, within thirty days of the convening of the first regular | 1912 |
| session of the general assembly, each agency required to submit | 1913 |
| reports or similar documents to the general assembly pursuant to | 1914 |
| section 103.43, 3301.07, 5139.33, 5501.07, 5537.17, or 5593.21 of | 1915 |
| the Revised Code shall send written notice to each member of the | 1916 |
| general assembly in order to determine whether the member desires | 1917 |
| to personally receive the reports or similar documents as they are | 1918 |
| made available by the agency. If the member desires to personally | 1919 |
| receive the reports or similar documents as they become available, | 1920 |
| the member shall send a written request to the agency within | 1921 |
| thirty days of receiving the notice. | 1922 |
| (B) Whenever any statute or rule requires that a report, | 1923 |
| recommendation, or other similar document be submitted to the | 1924 |
| general assembly under a law not cited in division (A) of this | 1925 |
| section, to the members of the general assembly, to one house of | 1926 |
| the general assembly, or to the members of one house of the | 1927 |
| general assembly, the requirement shall be fulfilled by the | 1928 |
| submission of a copy of the report, recommendation, or document to | 1929 |
| the director of the legislative service commission, the president | 1930 |
| of the senate, the minority leader of the senate, the speaker of | 1931 |
| the house of representatives, and the minority leader of the house | 1932 |
| of representatives if both houses of the general assembly or their | 1933 |
| members are specified, or to the director of the legislative | 1934 |
| service commission, the president of the senate, and the minority | 1935 |
| leader of the senate if only the senate or its members are | 1936 |
| specified, or to the director of the legislative service | 1937 |
| commission, the speaker of the house of representatives, and the | 1938 |
| minority leader of the house of representatives if only the house | 1939 |
| of representatives or its members are specified. This division | 1940 |
| does not apply to items required to be distributed to members of | 1941 |
| the general assembly pursuant to section 103.14, 149.04, 149.07, | 1942 |
| or 149.17 of the Revised Code. | 1943 |
| (C) Each month the legislative service commission shall | 1944 |
| provide to each member of the senate and to each member of the | 1945 |
| house of representatives a list of all reports, recommendations, | 1946 |
| and documents submitted to the officers of the general assembly | 1947 |
| under division (B) of this section. The list shall include a short | 1948 |
| and accurate description of the content, length, and form of each | 1949 |
| report, recommendation, or document submitted, as well as a | 1950 |
| statement setting forth the number printed, if applicable, and the | 1951 |
| cost of preparation. Each member may request from the legislative | 1952 |
| service commission a copy of any report, recommendation, or | 1953 |
| document on the list, and the legislative service commission shall | 1954 |
| comply with any such request. | 1955 |
| (D) Notwithstanding any provision of the Revised Code to the | 1956 |
| contrary, whenever any statute or rule requires that an agency | 1957 |
| submit a report, recommendation, or other similar document to the | 1958 |
| general assembly or otherwise as described in division (B) of this | 1959 |
| section in a paper, book, or other hard copy format, the report, | 1960 |
| recommendation, or other document, to the extent technologically | 1961 |
| feasible, shall be submitted to the general assembly or otherwise | 1962 |
| as described in division (B) of this section through electronic | 1963 |
| means, rather than in the hard copy format, and shall be displayed | 1964 |
| by the agency on a web site it maintains. | 1965 |
| Sec. 102.02. (A) Except as otherwise provided in division | 1966 |
| (H) of this section, all of the following shall file with the | 1967 |
| appropriate ethics commission the disclosure statement described | 1968 |
| in this division on a form prescribed by the appropriate | 1969 |
| commission: every person who is elected to or is a candidate for a | 1970 |
| state, county, or city office and every person who is appointed to | 1971 |
| fill a vacancy for an unexpired term in such an elective office; | 1972 |
| all members of the state board of education; the director, | 1973 |
| assistant directors, deputy directors, division chiefs, or persons | 1974 |
| of equivalent rank of any administrative department of the state; | 1975 |
| the president or other chief administrative officer of every state | 1976 |
| institution of higher education as defined in section 3345.011 of | 1977 |
| the Revised Code; the executive director and the members of the | 1978 |
| capitol square review and advisory board appointed or employed | 1979 |
| pursuant to section 105.41 of the Revised Code; the chief | 1980 |
| executive officer and the members of the board of each state | 1981 |
| retirement system; each employee of a state retirement board who | 1982 |
| is a state retirement system investment officer licensed pursuant | 1983 |
| to section 1707.163 of the Revised Code; the members of the Ohio | 1984 |
| retirement study council appointed pursuant to division (C) of | 1985 |
| section 171.01 of the Revised Code; employees of the Ohio | 1986 |
| retirement study council, other than employees who perform purely | 1987 |
| administrative or clerical functions; the administrator of | 1988 |
| workers' compensation and each voting member of the workers' | 1989 |
| compensation oversight commission; the chief investment officer of | 1990 |
| the bureau of workers' compensation; all members of the board of | 1991 |
| commissioners on grievances and discipline of the supreme court | 1992 |
| and the ethics commission created under section 102.05 of the | 1993 |
| Revised Code; every business manager, treasurer, or superintendent | 1994 |
| of a city, local, exempted village, joint vocational, or | 1995 |
| cooperative education school district or an educational service | 1996 |
| center; every person who is elected to or is a candidate for the | 1997 |
| office of member of a board of education of a city, local, | 1998 |
| exempted village, joint vocational, or cooperative education | 1999 |
| school district or of a governing board of an educational service | 2000 |
| center that has a total student count of twelve thousand or more | 2001 |
| as most recently determined by the department of education | 2002 |
| pursuant to section 3317.03 of the Revised Code; every person who | 2003 |
| is appointed to the board of education of a municipal school | 2004 |
| district pursuant to division (B) or (F) of section 3311.71 of the | 2005 |
| Revised Code; all members of the board of directors of a sanitary | 2006 |
| district that is established under Chapter 6115. of the Revised | 2007 |
| Code and organized wholly for the purpose of providing a water | 2008 |
| supply for domestic, municipal, and public use, and that includes | 2009 |
| two municipal corporations in two counties; every public official | 2010 |
| or employee who is paid a salary or wage in accordance with | 2011 |
| schedule C of section 124.15 or schedule E-2 of section 124.152 of | 2012 |
| the Revised Code; members of the board of trustees and the | 2013 |
| executive director of the tobacco use prevention and control | 2014 |
| foundation; members of the board of trustees and the executive | 2015 |
| director of the southern Ohio agricultural and community | 2016 |
| development foundation; and every other public official or | 2017 |
| employee who is designated by the appropriate ethics commission | 2018 |
| pursuant to division (B) of this section. | 2019 |
| The disclosure statement shall include all of the following: | 2020 |
| (1) The name of the person filing the statement and each | 2021 |
| member of the person's immediate family and all names under which | 2022 |
| the person or members of the person's immediate family do | 2023 |
| business; | 2024 |
| (2)(a) Subject to divisions (A)(2)(b) and (c) of this section | 2025 |
| and except as otherwise provided in section 102.022 of the Revised | 2026 |
| Code, identification of every source of income, other than income | 2027 |
| from a legislative agent identified in division (A)(2)(b) of this | 2028 |
| section, received during the preceding calendar year, in the | 2029 |
| person's own name or by any other person for the person's use or | 2030 |
| benefit, by the person filing the statement, and a brief | 2031 |
| description of the nature of the services for which the income was | 2032 |
| received. If the person filing the statement is a member of the | 2033 |
| general assembly, the statement shall identify the amount of every | 2034 |
| source of income received in accordance with the following ranges | 2035 |
| of amounts: zero or more, but less than one thousand dollars; one | 2036 |
| thousand dollars or more, but less than ten thousand dollars; ten | 2037 |
| thousand dollars or more, but less than twenty-five thousand | 2038 |
| dollars; twenty-five thousand dollars or more, but less than fifty | 2039 |
| thousand dollars; fifty thousand dollars or more, but less than | 2040 |
| one hundred thousand dollars; and one hundred thousand dollars or | 2041 |
| more. Division (A)(2)(a) of this section shall not be construed to | 2042 |
| require a person filing the statement who derives income from a | 2043 |
| business or profession to disclose the individual items of income | 2044 |
| that constitute the gross income of that business or profession, | 2045 |
| except for those individual items of income that are attributable | 2046 |
| to the person's or, if the income is shared with the person, the | 2047 |
| partner's, solicitation of services or goods or performance, | 2048 |
| arrangement, or facilitation of services or provision of goods on | 2049 |
| behalf of the business or profession of clients, including | 2050 |
| corporate clients, who are legislative agents. A person who files | 2051 |
| the statement under this section shall disclose the identity of | 2052 |
| and the amount of income received from a person who the public | 2053 |
| official or employee knows or has reason to know is doing or | 2054 |
| seeking to do business of any kind with the public official's or | 2055 |
| employee's agency. | 2056 |
| (b) If the person filing the statement is a member of the | 2057 |
| general assembly, the statement shall identify every source of | 2058 |
| income and the amount of that income that was received from a | 2059 |
| legislative agent during the preceding calendar year, in the | 2060 |
| person's own name or by any other person for the person's use or | 2061 |
| benefit, by the person filing the statement, and a brief | 2062 |
| description of the nature of the services for which the income was | 2063 |
| received. Division (A)(2)(b) of this section requires the | 2064 |
| disclosure of clients of attorneys or persons licensed under | 2065 |
| section 4732.12 of the Revised Code, or patients of persons | 2066 |
| certified under section 4731.14 of the Revised Code, if those | 2067 |
| clients or patients are legislative agents. Division (A)(2)(b) of | 2068 |
| this section requires a person filing the statement who derives | 2069 |
| income from a business or profession to disclose those individual | 2070 |
| items of income that constitute the gross income of that business | 2071 |
| or profession that are received from legislative agents. | 2072 |
| (c) Except as otherwise provided in division (A)(2)(c) of | 2073 |
| this section, division (A)(2)(a) of this section applies to | 2074 |
| attorneys, physicians, and other persons who engage in the | 2075 |
| practice of a profession and who, pursuant to a section of the | 2076 |
| Revised Code, the common law of this state, a code of ethics | 2077 |
| applicable to the profession, or otherwise, generally are required | 2078 |
| not to reveal, disclose, or use confidences of clients, patients, | 2079 |
| or other recipients of professional services except under | 2080 |
| specified circumstances or generally are required to maintain | 2081 |
| those types of confidences as privileged communications except | 2082 |
| under specified circumstances. Division (A)(2)(a) of this section | 2083 |
| does not require an attorney, physician, or other professional | 2084 |
| subject to a confidentiality requirement as described in division | 2085 |
| (A)(2)(c) of this section to disclose the name, other identity, or | 2086 |
| address of a client, patient, or other recipient of professional | 2087 |
| services if the disclosure would threaten the client, patient, or | 2088 |
| other recipient of professional services, would reveal details of | 2089 |
| the subject matter for which legal, medical, or professional | 2090 |
| advice or other services were sought, or would reveal an otherwise | 2091 |
| privileged communication involving the client, patient, or other | 2092 |
| recipient of professional services. Division (A)(2)(a) of this | 2093 |
| section does not require an attorney, physician, or other | 2094 |
| professional subject to a confidentiality requirement as described | 2095 |
| in division (A)(2)(c) of this section to disclose in the brief | 2096 |
| description of the nature of services required by division | 2097 |
| (A)(2)(a) of this section any information pertaining to specific | 2098 |
| professional services rendered for a client, patient, or other | 2099 |
| recipient of professional services that would reveal details of | 2100 |
| the subject matter for which legal, medical, or professional | 2101 |
| advice was sought or would reveal an otherwise privileged | 2102 |
| communication involving the client, patient, or other recipient of | 2103 |
| professional services. | 2104 |
| (3) The name of every corporation on file with the secretary | 2105 |
| of state that is incorporated in this state or holds a certificate | 2106 |
| of compliance authorizing it to do business in this state, trust, | 2107 |
| business trust, partnership, or association that transacts | 2108 |
| business in this state in which the person filing the statement or | 2109 |
| any other person for the person's use and benefit had during the | 2110 |
| preceding calendar year an investment of over one thousand dollars | 2111 |
| at fair market value as of the thirty-first day of December of the | 2112 |
| preceding calendar year, or the date of disposition, whichever is | 2113 |
| earlier, or in which the person holds any office or has a | 2114 |
| fiduciary relationship, and a description of the nature of the | 2115 |
| investment, office, or relationship. Division (A)(3) of this | 2116 |
| section does not require disclosure of the name of any bank, | 2117 |
| savings and loan association, credit union, or building and loan | 2118 |
| association with which the person filing the statement has a | 2119 |
| deposit or a withdrawable share account. | 2120 |
| (4) All fee simple and leasehold interests to which the | 2121 |
| person filing the statement holds legal title to or a beneficial | 2122 |
| interest in real property located within the state, excluding the | 2123 |
| person's residence and property used primarily for personal | 2124 |
| recreation; | 2125 |
| (5) The names of all persons residing or transacting business | 2126 |
| in the state to whom the person filing the statement owes, in the | 2127 |
| person's own name or in the name of any other person, more than | 2128 |
| one thousand dollars. Division (A)(5) of this section shall not be | 2129 |
| construed to require the disclosure of debts owed by the person | 2130 |
| resulting from the ordinary conduct of a business or profession or | 2131 |
| debts on the person's residence or real property used primarily | 2132 |
| for personal recreation, except that the superintendent of | 2133 |
| financial institutions shall disclose the names of all | 2134 |
| state-chartered savings and loan associations and of all service | 2135 |
| corporations subject to regulation under division (E)(2) of | 2136 |
| section 1151.34 of the Revised Code to whom the superintendent in | 2137 |
| the superintendent's own name or in the name of any other person | 2138 |
| owes any money, and that the superintendent and any deputy | 2139 |
| superintendent of banks shall disclose the names of all | 2140 |
| state-chartered banks and all bank subsidiary corporations subject | 2141 |
| to regulation under section 1109.44 of the Revised Code to whom | 2142 |
| the superintendent or deputy superintendent owes any money. | 2143 |
| (6) The names of all persons residing or transacting business | 2144 |
| in the state, other than a depository excluded under division | 2145 |
| (A)(3) of this section, who owe more than one thousand dollars to | 2146 |
| the person filing the statement, either in the person's own name | 2147 |
| or to any person for the person's use or benefit. Division (A)(6) | 2148 |
| of this section shall not be construed to require the disclosure | 2149 |
| of clients of attorneys or persons licensed under section 4732.12 | 2150 |
| or 4732.15 of the Revised Code, or patients of persons certified | 2151 |
| under section 4731.14 of the Revised Code, nor the disclosure of | 2152 |
| debts owed to the person resulting from the ordinary conduct of a | 2153 |
| business or profession. | 2154 |
| (7) Except as otherwise provided in section 102.022 of the | 2155 |
| Revised Code, the source of each gift of over seventy-five | 2156 |
| dollars, or of each gift of over twenty-five dollars received by a | 2157 |
| member of the general assembly from a legislative agent, received | 2158 |
| by the person in the person's own name or by any other person for | 2159 |
| the person's use or benefit during the preceding calendar year, | 2160 |
| except gifts received by will or by virtue of section 2105.06 of | 2161 |
| the Revised Code, or received from spouses, parents, grandparents, | 2162 |
| children, grandchildren, siblings, nephews, nieces, uncles, aunts, | 2163 |
| brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, | 2164 |
| fathers-in-law, mothers-in-law, or any person to whom the person | 2165 |
| filing the statement stands in loco parentis, or received by way | 2166 |
| of distribution from any inter vivos or testamentary trust | 2167 |
| established by a spouse or by an ancestor; | 2168 |
| (8) Except as otherwise provided in section 102.022 of the | 2169 |
| Revised Code, identification of the source and amount of every | 2170 |
| payment of expenses incurred for travel to destinations inside or | 2171 |
| outside this state that is received by the person in the person's | 2172 |
| own name or by any other person for the person's use or benefit | 2173 |
| and that is incurred in connection with the person's official | 2174 |
| duties, except for expenses for travel to meetings or conventions | 2175 |
| of a national or state organization to which any state agency, | 2176 |
| including, but not limited to, any legislative agency or state | 2177 |
| institution of higher education as defined in section 3345.011 of | 2178 |
| the Revised Code, pays membership dues, or any political | 2179 |
| subdivision or any office or agency of a political subdivision | 2180 |
| pays membership dues; | 2181 |
| (9) Except as otherwise provided in section 102.022 of the | 2182 |
| Revised Code, identification of the source of payment of expenses | 2183 |
| for meals and other food and beverages, other than for meals and | 2184 |
| other food and beverages provided at a meeting at which the person | 2185 |
| participated in a panel, seminar, or speaking engagement or at a | 2186 |
| meeting or convention of a national or state organization to which | 2187 |
| any state agency, including, but not limited to, any legislative | 2188 |
| agency or state institution of higher education as defined in | 2189 |
| section 3345.011 of the Revised Code, pays membership dues, or any | 2190 |
| political subdivision or any office or agency of a political | 2191 |
| subdivision pays membership dues, that are incurred in connection | 2192 |
| with the person's official duties and that exceed one hundred | 2193 |
| dollars aggregated per calendar year; | 2194 |
| (10) If the disclosure statement is filed by a public | 2195 |
| official or employee described in division (B)(2) of section | 2196 |
| 101.73 of the Revised Code or division (B)(2) of section 121.63 of | 2197 |
| the Revised Code who receives a statement from a legislative | 2198 |
| agent, executive agency lobbyist, or employer that contains the | 2199 |
| information described in division (F)(2) of section 101.73 of the | 2200 |
| Revised Code or division (G)(2) of section 121.63 of the Revised | 2201 |
| Code, all of the nondisputed information contained in the | 2202 |
| statement delivered to that public official or employee by the | 2203 |
| legislative agent, executive agency lobbyist, or employer under | 2204 |
| division (F)(2) of section 101.73 or (G)(2) of section 121.63 of | 2205 |
| the Revised Code. | 2206 |
| A person may file a statement required by this section in | 2207 |
| person or by mail. A person who is a candidate for elective office | 2208 |
| shall file the statement no later than the thirtieth day before | 2209 |
| the primary, special, or general election at which the candidacy | 2210 |
| is to be voted on, whichever election occurs soonest, except that | 2211 |
| a person who is a write-in candidate shall file the statement no | 2212 |
| later than the twentieth day before the earliest election at which | 2213 |
| the person's candidacy is to be voted on. A person who holds | 2214 |
| elective office shall file the statement on or before the | 2215 |
| fifteenth day of April of each year unless the person is a | 2216 |
| candidate for office. A person who is appointed to fill a vacancy | 2217 |
| for an unexpired term in an elective office shall file the | 2218 |
| statement within fifteen days after the person qualifies for | 2219 |
| office. Other persons shall file an annual statement on or before | 2220 |
| the fifteenth day of April or, if appointed or employed after that | 2221 |
| date, within ninety days after appointment or employment. No | 2222 |
| person shall be required to file with the appropriate ethics | 2223 |
| commission more than one statement or pay more than one filing fee | 2224 |
| for any one calendar year. | 2225 |
| The appropriate ethics commission, for good cause, may extend | 2226 |
| for a reasonable time the deadline for filing a statement under | 2227 |
| this section. | 2228 |
| A statement filed under this section is subject to public | 2229 |
| inspection at locations designated by the appropriate ethics | 2230 |
| commission except as otherwise provided in this section. | 2231 |
| (B) The Ohio ethics commission, the joint legislative ethics | 2232 |
| committee, and the board of commissioners on grievances and | 2233 |
| discipline of the supreme court, using the rule-making procedures | 2234 |
| of Chapter 119. of the Revised Code, may require any class of | 2235 |
| public officials or employees under its jurisdiction and not | 2236 |
| specifically excluded by this section whose positions involve a | 2237 |
| substantial and material exercise of administrative discretion in | 2238 |
| the formulation of public policy, expenditure of public funds, | 2239 |
| enforcement of laws and rules of the state or a county or city, or | 2240 |
| the execution of other public trusts, to file an annual statement | 2241 |
| on or before the fifteenth day of April under division (A) of this | 2242 |
| section. The appropriate ethics commission shall send the public | 2243 |
| officials or employees written notice of the requirement by the | 2244 |
| fifteenth day of February of each year the filing is required | 2245 |
| unless the public official or employee is appointed after that | 2246 |
| date, in which case the notice shall be sent within thirty days | 2247 |
| after appointment, and the filing shall be made not later than | 2248 |
| ninety days after appointment. | 2249 |
| Except for disclosure statements filed by members of the | 2250 |
| board of trustees and the executive director of the tobacco use | 2251 |
| prevention and control foundation and members of the board of | 2252 |
| trustees and the executive director of the southern Ohio | 2253 |
| agricultural and community development foundation, disclosure | 2254 |
| statements filed under this division with the Ohio ethics | 2255 |
| commission by members of boards, commissions, or bureaus of the | 2256 |
| state for which no compensation is received other than reasonable | 2257 |
| and necessary expenses shall be kept confidential. Disclosure | 2258 |
| statements filed with the Ohio ethics commission under division | 2259 |
| (A) of this section by business managers, treasurers, and | 2260 |
| superintendents of city, local, exempted village, joint | 2261 |
| vocational, or cooperative education school districts or | 2262 |
| educational service centers shall be kept confidential, except | 2263 |
| that any person conducting an audit of any such school district or | 2264 |
| educational service center pursuant to section 115.56 or Chapter | 2265 |
| 117. of the Revised Code may examine the disclosure statement of | 2266 |
| any business manager, treasurer, or superintendent of that school | 2267 |
| district or educational service center. The Ohio ethics commission | 2268 |
| shall examine each disclosure statement required to be kept | 2269 |
| confidential to determine whether a potential conflict of interest | 2270 |
| exists for the person who filed the disclosure statement. A | 2271 |
| potential conflict of interest exists if the private interests of | 2272 |
| the person, as indicated by the person's disclosure statement, | 2273 |
| might interfere with the public interests the person is required | 2274 |
| to serve in the exercise of the person's authority and duties in | 2275 |
| the person's office or position of employment. If the commission | 2276 |
| determines that a potential conflict of interest exists, it shall | 2277 |
| notify the person who filed the disclosure statement and shall | 2278 |
| make the portions of the disclosure statement that indicate a | 2279 |
| potential conflict of interest subject to public inspection in the | 2280 |
| same manner as is provided for other disclosure statements. Any | 2281 |
| portion of the disclosure statement that the commission determines | 2282 |
| does not indicate a potential conflict of interest shall be kept | 2283 |
| confidential by the commission and shall not be made subject to | 2284 |
| public inspection, except as is necessary for the enforcement of | 2285 |
| Chapters 102. and 2921. of the Revised Code and except as | 2286 |
| otherwise provided in this division. | 2287 |
| (C) No person shall knowingly fail to file, on or before the | 2288 |
| applicable filing deadline established under this section, a | 2289 |
| statement that is required by this section. | 2290 |
| (D) No person shall knowingly file a false statement that is | 2291 |
| required to be filed under this section. | 2292 |
| (E)(1) Except as provided in divisions (E)(2) and (3) of this | 2293 |
| section, the statement required by division (A) or (B) of this | 2294 |
| section shall be accompanied by a filing fee of forty dollars. | 2295 |
| (2) The statement required by division (A) of this section | 2296 |
| shall be accompanied by the following filing fee to be paid by the | 2297 |
| person who is elected or appointed to, or is a candidate for, any | 2298 |
| of the following offices: | 2299 |
| For state office, except member of the | 2300 | ||||
| state board of education | $65 | 2301 | |||
| For office of member of general assembly | $40 | 2302 | |||
| For county office | $40 | 2303 | |||
| For city office | $25 | 2304 | |||
| For office of member of the state board | 2305 | ||||
| of education | $25 | 2306 | |||
| For office of member of a city, local, | 2307 | ||||
| exempted village, or cooperative | 2308 | ||||
| education board of | 2309 | ||||
| education or educational service | 2310 | ||||
| center governing board | $20 | 2311 | |||
| For position of business manager, | 2312 | ||||
| treasurer, or superintendent of a | 2313 | ||||
| city, local, exempted village, joint | 2314 | ||||
| vocational, or cooperative education | 2315 | ||||
| school district or | 2316 | ||||
| educational service center | $20 | 2317 |
| (3) No judge of a court of record or candidate for judge of a | 2318 |
| court of record, and no referee or magistrate serving a court of | 2319 |
| record, shall be required to pay the fee required under division | 2320 |
| (E)(1) or (2) or (F) of this section. | 2321 |
| (4) For any public official who is appointed to a nonelective | 2322 |
| office of the state and for any employee who holds a nonelective | 2323 |
| position in a public agency of the state, the state agency that is | 2324 |
| the primary employer of the state official or employee shall pay | 2325 |
| the fee required under division (E)(1) or (F) of this section. | 2326 |
| (F) If a statement required to be filed under this section is | 2327 |
| not filed by the date on which it is required to be filed, the | 2328 |
| appropriate ethics commission shall assess the person required to | 2329 |
| file the statement a late filing fee of ten dollars for each day | 2330 |
| the statement is not filed, except that the total amount of the | 2331 |
| late filing fee shall not exceed two hundred fifty dollars. | 2332 |
| (G)(1) The appropriate ethics commission other than the Ohio | 2333 |
| ethics commission shall deposit all fees it receives under | 2334 |
| divisions (E) and (F) of this section into the general revenue | 2335 |
| fund of the state. | 2336 |
| (2) The Ohio ethics commission shall deposit all receipts, | 2337 |
| including, but not limited to, fees it receives under divisions | 2338 |
| (E) and (F) of this section and all moneys it receives from | 2339 |
| settlements under division (G) of section 102.06 of the Revised | 2340 |
| Code, into the Ohio ethics commission fund, which is hereby | 2341 |
| created in the state treasury. All moneys credited to the fund | 2342 |
| shall be used solely for expenses related to the operation and | 2343 |
| statutory functions of the commission. | 2344 |
| (H) Division (A) of this section does not apply to a person | 2345 |
| elected or appointed to the office of precinct, ward, or district | 2346 |
| committee member under Chapter 3517. of the Revised Code; a | 2347 |
| presidential elector; a delegate to a national convention; village | 2348 |
| or township officials and employees; any physician or psychiatrist | 2349 |
| who is paid a salary or wage in accordance with schedule C of | 2350 |
| section 124.15 or schedule E-2 of section 124.152 of the Revised | 2351 |
| Code and whose primary duties do not require the exercise of | 2352 |
| administrative discretion; or any member of a board, commission, | 2353 |
| or bureau of any county or city who receives less than one | 2354 |
| thousand dollars per year for serving in that position. | 2355 |
| Sec. 102.06. (A) The appropriate ethics commission shall | 2356 |
| receive and may initiate complaints against persons subject to | 2357 |
| this chapter concerning conduct alleged to be in violation of this | 2358 |
| chapter or section 2921.42 or 2921.43 of the Revised Code. All | 2359 |
| complaints except those by the commission shall be by affidavit | 2360 |
| made on personal knowledge, subject to the penalties of perjury. | 2361 |
| Complaints by the commission shall be by affidavit, based upon | 2362 |
| reasonable cause to believe that a violation has occurred. | 2363 |
| (B) The appropriate ethics commission shall investigate | 2364 |
| complaints, may investigate charges presented to it, and may | 2365 |
| request further information, including the specific amount of | 2366 |
| income from a source, from any person filing with the commission a | 2367 |
| statement required by section 102.02 or 102.021 of the Revised | 2368 |
| Code, if the information sought is directly relevant to a | 2369 |
| complaint or charges received by the commission pursuant to this | 2370 |
| section. This information is confidential, except that the | 2371 |
| commission, in its discretion, may share information gathered in | 2372 |
| the course of any investigation with, or disclose the information | 2373 |
| to, the inspector general, any appropriate prosecuting authority, | 2374 |
| any law enforcement agency, or any other appropriate ethics | 2375 |
| commission. If the accused person is a member of the public | 2376 |
| employees retirement board, state teachers retirement board, | 2377 |
| school employees retirement board, board of trustees of the Ohio | 2378 |
| police and fire pension fund, or state highway patrol retirement | 2379 |
| board, or is a voting member of the workers' compensation | 2380 |
| oversight commission the appropriate ethics commission, in its | 2381 |
| discretion, also may share information gathered in the course of | 2382 |
| an investigation with, or disclose the information to, the | 2383 |
| attorney general and the auditor of state. The person so requested | 2384 |
| shall furnish the information to the commission, unless within | 2385 |
| fifteen days from the date of the request the person files an | 2386 |
| action for declaratory judgment challenging the legitimacy of the | 2387 |
| request in the court of common pleas of the county of the person's | 2388 |
| residence, the person's place of employment, or Franklin county. | 2389 |
| The requested information need not be furnished to the commission | 2390 |
| during the pendency of the judicial proceedings. Proceedings of | 2391 |
| the commission in connection with the declaratory judgment action | 2392 |
| shall be kept confidential except as otherwise provided by this | 2393 |
| section. Before the commission proceeds to take any formal action | 2394 |
| against a person who is the subject of an investigation based on | 2395 |
| charges presented to the commission, a complaint shall be filed | 2396 |
| against the person. If the commission finds that a complaint is | 2397 |
| not frivolous, and there is reasonable cause to believe that the | 2398 |
| facts alleged in a complaint constitute a violation of section | 2399 |
| 102.02, 102.021, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of | 2400 |
| the Revised Code, it shall hold a hearing. If the commission does | 2401 |
| not so find, it shall dismiss the complaint and notify the accused | 2402 |
| person in writing of the dismissal of the complaint. The | 2403 |
| commission shall not make a report of its finding unless the | 2404 |
| accused person requests a report. Upon the request of the accused | 2405 |
| person, the commission shall make a public report of its finding. | 2406 |
| The person against whom the complaint is directed shall be given | 2407 |
| reasonable notice by certified mail of the date, time, and place | 2408 |
| of the hearing and a statement of the charges and the law directly | 2409 |
| involved and shall be given the opportunity to be represented by | 2410 |
| counsel, to have counsel appointed for the person if the person is | 2411 |
| unable to afford counsel without undue hardship, to examine the | 2412 |
| evidence against the person, to produce evidence and to call and | 2413 |
| subpoena witnesses in the person's defense, to confront the | 2414 |
| person's accusers, and to cross-examine witnesses. The commission | 2415 |
| shall have a stenographic record made of the hearing. The hearing | 2416 |
| shall be closed to the public. | 2417 |
| (C)(1)(a) If, upon the basis of the hearing, the appropriate | 2418 |
| ethics commission finds by a preponderance of the evidence that | 2419 |
| the facts alleged in the complaint are true and constitute a | 2420 |
| violation of section 102.02, 102.021, 102.03, 102.04, 102.07, | 2421 |
| 2921.42, or 2921.43 of the Revised Code, it shall report its | 2422 |
| findings to the appropriate prosecuting authority for proceedings | 2423 |
| in prosecution of the violation and to the appointing or employing | 2424 |
| authority of the accused. If the accused person is a member of the | 2425 |
| public employees retirement board, state teachers retirement | 2426 |
| board, school employees retirement board, board of trustees of the | 2427 |
| Ohio police and fire pension fund, or state highway patrol | 2428 |
| retirement board, the commission also shall report its findings to | 2429 |
| the Ohio retirement study council. | 2430 |
| (b) If the Ohio ethics commission reports its findings to the | 2431 |
| appropriate prosecuting authority under division (C)(1)(a) of this | 2432 |
| section and the prosecuting authority has not initiated any | 2433 |
| official action on those findings within ninety days after | 2434 |
| receiving the commission's report of them, the commission may | 2435 |
| publicly comment that no official action has been taken on its | 2436 |
| findings, except that the commission shall make no comment in | 2437 |
| violation of the Rules of Criminal Procedure or about any | 2438 |
| indictment that has been sealed pursuant to any law or those | 2439 |
| rules. The commission shall make no comment regarding the merits | 2440 |
| of its findings. As used in division (C)(1)(b) of this section, | 2441 |
| "official action" means prosecution, closure after investigation, | 2442 |
| or grand jury action resulting in a true bill of indictment or no | 2443 |
| true bill of indictment. | 2444 |
| (2) If the appropriate ethics commission does not find by a | 2445 |
| preponderance of the evidence that the facts alleged in the | 2446 |
| complaint are true and constitute a violation of section 102.02, | 2447 |
| 102.021, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of the | 2448 |
| Revised Code or if the commission has not scheduled a hearing | 2449 |
| within ninety days after the complaint is filed or has not finally | 2450 |
| disposed of the complaint within six months after it has been | 2451 |
| heard, it shall dismiss the complaint and notify the accused | 2452 |
| person in writing of the dismissal of the complaint. The | 2453 |
| commission shall not make a report of its finding unless the | 2454 |
| accused person requests a report. Upon the request of the accused | 2455 |
| person, the commission shall make a public report of the finding, | 2456 |
| but in this case all evidence and the record of the hearing shall | 2457 |
| remain confidential unless the accused person also requests that | 2458 |
| the evidence and record be made public. Upon request by the | 2459 |
| accused person, the commission shall make the evidence and the | 2460 |
| record available for public inspection. | 2461 |
| (D) The appropriate ethics commission, or a member of the | 2462 |
| commission, may administer oaths, and the commission may issue | 2463 |
| subpoenas to any person in the state compelling the attendance of | 2464 |
| witnesses and the production of relevant papers, books, accounts, | 2465 |
| and records. The commission shall issue subpoenas to compel the | 2466 |
| attendance of witnesses and the production of documents upon the | 2467 |
| request of an accused person. Section 101.42 of the Revised Code | 2468 |
| shall govern the issuance of these subpoenas insofar as | 2469 |
| applicable. Upon the refusal of any person to obey a subpoena or | 2470 |
| to be sworn or to answer as a witness, the commission may apply to | 2471 |
| the court of common pleas of Franklin county under section 2705.03 | 2472 |
| of the Revised Code. The court shall hold proceedings in | 2473 |
| accordance with Chapter 2705. of the Revised Code. The commission | 2474 |
| or the accused person may take the depositions of witnesses | 2475 |
| residing within or without the state in the same manner as | 2476 |
| prescribed by law for the taking of depositions in civil actions | 2477 |
| in the court of common pleas. | 2478 |
| (E) At least once each year, the Ohio ethics commission shall | 2479 |
| report on its activities of the immediately preceding year to the | 2480 |
| majority and minority leaders of the senate and house of | 2481 |
| representatives of the general assembly. The report shall indicate | 2482 |
| the total number of complaints received, initiated, and | 2483 |
| investigated by the commission, the total number of complaints for | 2484 |
| which formal hearings were held, and the total number of | 2485 |
| complaints for which formal prosecution was recommended or | 2486 |
| requested by the commission. The report also shall indicate the | 2487 |
| nature of the inappropriate conduct alleged in each complaint and | 2488 |
| the governmental entity with which any employee or official that | 2489 |
| is the subject of a complaint was employed at the time of the | 2490 |
| alleged inappropriate conduct. | 2491 |
| (F) All papers, records, affidavits, and documents upon any | 2492 |
| complaint, inquiry, or investigation relating to the proceedings | 2493 |
| of the appropriate ethics commission shall be sealed and are | 2494 |
| private and confidential, except as otherwise provided in this | 2495 |
| section and section 102.07 of the Revised Code. | 2496 |
| (G)(1) When a complaint or charge is before it, the Ohio | 2497 |
| ethics commission or the appropriate prosecuting authority, in | 2498 |
| consultation with the person filing the complaint or charge, the | 2499 |
| accused, and any other person the commission or prosecuting | 2500 |
| authority considers necessary, may compromise or settle the | 2501 |
| complaint or charge with the agreement of the accused. The | 2502 |
| compromise or settlement may include mediation, restitution, | 2503 |
| rescission of affected contracts, forfeiture of any benefits | 2504 |
| resulting from a violation or potential violation of law, | 2505 |
| resignation of a public official or employee, or any other relief | 2506 |
| that is agreed upon between the commission or prosecuting | 2507 |
| authority and the accused. | 2508 |
| (2) Any settlement agreement entered into under division | 2509 |
| (G)(1) of this section shall be in writing and be accompanied by a | 2510 |
| statement of the findings of the commission or prosecuting | 2511 |
| authority and the reasons for entering into the agreement. The | 2512 |
| commission or prosecuting authority shall retain the agreement and | 2513 |
| statement in the commission's or prosecuting authority's office | 2514 |
| and, in the commission's or prosecuting authority's discretion, | 2515 |
| may make the agreement, the statement, and any supporting | 2516 |
| information public, unless the agreement provides otherwise. | 2517 |
| (3) If a settlement agreement is breached by the accused, the | 2518 |
| commission or prosecuting authority, in the commission's or | 2519 |
| prosecuting authority's discretion, may rescind the agreement and | 2520 |
| reinstitute any investigation, hearing, or prosecution of the | 2521 |
| accused. No information obtained from the accused in reaching the | 2522 |
| settlement that is not otherwise discoverable from the accused | 2523 |
| shall be used in any proceeding before the commission or by the | 2524 |
| appropriate prosecuting authority in prosecuting the violation. | 2525 |
| Notwithstanding any other section of the Revised Code, if a | 2526 |
| settlement agreement is breached, any statute of limitations for a | 2527 |
| violation of this chapter or section 2921.42 or 2921.43 of the | 2528 |
| Revised Code is tolled from the date the complaint or charge is | 2529 |
| filed until the date the settlement agreement is breached. | 2530 |
| Sec. 103.132. The legislative service commission, in | 2531 |
| conjunction with the legislative information systems office, shall | 2532 |
| establish and maintain an electronic database containing current | 2533 |
| and historical revenue and expenditure data for each school | 2534 |
| district in the state that is easy to use and readily accessible | 2535 |
| through the internet. | 2536 |
| Sec. 108.05. (A) The lieutenant governor shall be a member | 2537 |
| of the governor's cabinet and shall preside at its meetings in the | 2538 |
| absence of the governor. | 2539 |
| (B) The governor may appoint the lieutenant governor as an | 2540 |
| administrative department head listed in section 121.03 of the | 2541 |
| Revised Code, | 2542 |
| 2543 | |
| governor's representative on any board, agency, committee, or | 2544 |
| commission of which the governor is a member and has the authority | 2545 |
| to appoint a representative, or in an advisory capacity to any | 2546 |
| nonelective board, agency, committee, or commission in the | 2547 |
| executive department or may give the lieutenant governor any | 2548 |
| special assignment as the governor considers in the interest of | 2549 |
| the state. | 2550 |
| (C) When carrying out any of the functions described in | 2551 |
| division (B) of this section, the lieutenant governor shall be | 2552 |
| reimbursed from funds of the particular authority for necessary | 2553 |
| expenses incurred in the conduct of authority business. | 2554 |
| Sec. 109.54. (A) The bureau of criminal identification and | 2555 |
| investigation may investigate any criminal activity in this state | 2556 |
| that is of statewide or intercounty concern when requested by | 2557 |
| local authorities and may aid federal authorities, when requested, | 2558 |
| in their investigation of any criminal activity in this state. The | 2559 |
| bureau may investigate any criminal activity in this state related | 2560 |
| to the conduct of elections when requested by the secretary of | 2561 |
| state. The bureau may investigate any criminal activity in this | 2562 |
| state involving drug abuse or illegal drug distribution prohibited | 2563 |
| under Chapter 3719. or 4729. of the Revised Code. The | 2564 |
| superintendent and any agent of the bureau may participate, as the | 2565 |
| director of an organized crime task force established under | 2566 |
| section 177.02 of the Revised Code or as a member of the | 2567 |
| investigatory staff of a task force established under that | 2568 |
| section, in an investigation of organized criminal activity | 2569 |
| anywhere within this state under sections 177.01 to 177.03 of the | 2570 |
| Revised Code. | 2571 |
| (B) The bureau may provide any trained investigative | 2572 |
| personnel and specialized equipment that are requested by any | 2573 |
| sheriff or chief of police, by the authorized designee of any | 2574 |
| sheriff or chief of police, or by any other authorized law | 2575 |
| enforcement officer to aid and assist the officer in the | 2576 |
| investigation and solution of any crime or the control of any | 2577 |
| criminal activity occurring within the officer's jurisdiction. | 2578 |
| This assistance shall be furnished by the bureau without | 2579 |
| disturbing or impairing any of the existing law enforcement | 2580 |
| authority or the prerogatives of local law enforcement authorities | 2581 |
| or officers. Investigators provided pursuant to this section, or | 2582 |
| engaged in an investigation pursuant to section 109.83 of the | 2583 |
| Revised Code, may go armed in the same manner as sheriffs and | 2584 |
| regularly appointed police officers under section 2923.12 of the | 2585 |
| Revised Code. | 2586 |
| (C)(1) The bureau shall obtain recording equipment that can | 2587 |
| be used to record depositions of the type described in division | 2588 |
| (A) of section 2152.81 and division (A) of section 2945.481 of the | 2589 |
| Revised Code, or testimony of the type described in division (D) | 2590 |
| of section 2152.81 and division (D) of section 2945.481 or in | 2591 |
| division (C) of section 2937.11 of the Revised Code, shall obtain | 2592 |
| closed circuit equipment that can be used to televise testimony of | 2593 |
| the type described in division (C) of section 2152.81 and division | 2594 |
| (C) of section 2945.481 or in division (B) of section 2937.11 of | 2595 |
| the Revised Code, and shall provide the equipment, upon request, | 2596 |
| to any court for use in recording any deposition or testimony of | 2597 |
| one of those types or in televising the testimony in accordance | 2598 |
| with the applicable division. | 2599 |
| (2) The bureau shall obtain the names, addresses, and | 2600 |
| telephone numbers of persons who are experienced in questioning | 2601 |
| children in relation to an investigation of a violation of section | 2602 |
| 2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 2603 |
| 2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32, | 2604 |
| 2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an | 2605 |
| offense of violence and shall maintain a list of those names, | 2606 |
| addresses, and telephone numbers. The list shall include a | 2607 |
| classification of the names, addresses, and telephone numbers by | 2608 |
| appellate district. Upon request, the bureau shall provide any | 2609 |
| county sheriff, chief of police, prosecuting attorney, village | 2610 |
| solicitor, city director of law, or similar chief legal officer | 2611 |
| with the name, address, and telephone number of any person | 2612 |
| contained in the list. | 2613 |
| Sec. 109.57. (A)(1) The superintendent of the bureau of | 2614 |
| criminal identification and investigation shall procure from | 2615 |
| wherever procurable and file for record photographs, pictures, | 2616 |
| descriptions, fingerprints, measurements, and other information | 2617 |
| that may be pertinent of all persons who have been convicted of | 2618 |
| committing within this state a felony, any crime constituting a | 2619 |
| misdemeanor on the first offense and a felony on subsequent | 2620 |
| offenses, or any misdemeanor described in division (A)(1)(a) of | 2621 |
| section 109.572 of the Revised Code, of all children under | 2622 |
| eighteen years of age who have been adjudicated delinquent | 2623 |
| children for committing within this state an act that would be a | 2624 |
| felony or an offense of violence if committed by an adult or who | 2625 |
| have been convicted of or pleaded guilty to committing within this | 2626 |
| state a felony or an offense of violence, and of all well-known | 2627 |
| and habitual criminals. The person in charge of any county, | 2628 |
| multicounty, municipal, municipal-county, or multicounty-municipal | 2629 |
| jail or workhouse, community-based correctional facility, halfway | 2630 |
| house, alternative residential facility, or state correctional | 2631 |
| institution and the person in charge of any state institution | 2632 |
| having custody of a person suspected of having committed a felony, | 2633 |
| any crime constituting a misdemeanor on the first offense and a | 2634 |
| felony on subsequent offenses, or any misdemeanor described in | 2635 |
| division (A)(1)(a) of section 109.572 of the Revised Code or | 2636 |
| having custody of a child under eighteen years of age with respect | 2637 |
| to whom there is probable cause to believe that the child may have | 2638 |
| committed an act that would be a felony or an offense of violence | 2639 |
| if committed by an adult shall furnish such material to the | 2640 |
| superintendent of the bureau. Fingerprints, photographs, or other | 2641 |
| descriptive information of a child who is under eighteen years of | 2642 |
| age, has not been arrested or otherwise taken into custody for | 2643 |
| committing an act that would be a felony or an offense of violence | 2644 |
| if committed by an adult, has not been adjudicated a delinquent | 2645 |
| child for committing an act that would be a felony or an offense | 2646 |
| of violence if committed by an adult, has not been convicted of or | 2647 |
| pleaded guilty to committing a felony or an offense of violence, | 2648 |
| and is not a child with respect to whom there is probable cause to | 2649 |
| believe that the child may have committed an act that would be a | 2650 |
| felony or an offense of violence if committed by an adult shall | 2651 |
| not be procured by the superintendent or furnished by any person | 2652 |
| in charge of any county, multicounty, municipal, municipal-county, | 2653 |
| or multicounty-municipal jail or workhouse, community-based | 2654 |
| correctional facility, halfway house, alternative residential | 2655 |
| facility, or state correctional institution, except as authorized | 2656 |
| in section 2151.313 of the Revised Code. | 2657 |
| (2) Every clerk of a court of record in this state, other | 2658 |
| than the supreme court or a court of appeals, shall send to the | 2659 |
| superintendent of the bureau a weekly report containing a summary | 2660 |
| of each case involving a felony, involving any crime constituting | 2661 |
| a misdemeanor on the first offense and a felony on subsequent | 2662 |
| offenses, involving a misdemeanor described in division (A)(1)(a) | 2663 |
| of section 109.572 of the Revised Code, or involving an | 2664 |
| adjudication in a case in which a child under eighteen years of | 2665 |
| age was alleged to be a delinquent child for committing an act | 2666 |
| that would be a felony or an offense of violence if committed by | 2667 |
| an adult. The clerk of the court of common pleas shall include in | 2668 |
| the report and summary the clerk sends under this division all | 2669 |
| information described in divisions (A)(2)(a) to (f) of this | 2670 |
| section regarding a case before the court of appeals that is | 2671 |
| served by that clerk. The summary shall be written on the standard | 2672 |
| forms furnished by the superintendent pursuant to division (B) of | 2673 |
| this section and shall include the following information: | 2674 |
| (a) The incident tracking number contained on the standard | 2675 |
| forms furnished by the superintendent pursuant to division (B) of | 2676 |
| this section; | 2677 |
| (b) The style and number of the case; | 2678 |
| (c) The date of arrest; | 2679 |
| (d) The date that the person was convicted of or pleaded | 2680 |
| guilty to the offense, adjudicated a delinquent child for | 2681 |
| committing the act that would be a felony or an offense of | 2682 |
| violence if committed by an adult, found not guilty of the | 2683 |
| offense, or found not to be a delinquent child for committing an | 2684 |
| act that would be a felony or an offense of violence if committed | 2685 |
| by an adult, the date of an entry dismissing the charge, an entry | 2686 |
| declaring a mistrial of the offense in which the person is | 2687 |
| discharged, an entry finding that the person or child is not | 2688 |
| competent to stand trial, or an entry of a nolle prosequi, or the | 2689 |
| date of any other determination that constitutes final resolution | 2690 |
| of the case; | 2691 |
| (e) A statement of the original charge with the section of | 2692 |
| the Revised Code that was alleged to be violated; | 2693 |
| (f) If the person or child was convicted, pleaded guilty, or | 2694 |
| was adjudicated a delinquent child, the sentence or terms of | 2695 |
| probation imposed or any other disposition of the offender or the | 2696 |
| delinquent child. | 2697 |
| If the offense involved the disarming of a law enforcement | 2698 |
| officer or an attempt to disarm a law enforcement officer, the | 2699 |
| clerk shall clearly state that fact in the summary, and the | 2700 |
| superintendent shall ensure that a clear statement of that fact is | 2701 |
| placed in the bureau's records. | 2702 |
| (3) The superintendent shall cooperate with and assist | 2703 |
| sheriffs, chiefs of police, and other law enforcement officers in | 2704 |
| the establishment of a complete system of criminal identification | 2705 |
| and in obtaining fingerprints and other means of identification of | 2706 |
| all persons arrested on a charge of a felony, any crime | 2707 |
| constituting a misdemeanor on the first offense and a felony on | 2708 |
| subsequent offenses, or a misdemeanor described in division | 2709 |
| (A)(1)(a) of section 109.572 of the Revised Code and of all | 2710 |
| children under eighteen years of age arrested or otherwise taken | 2711 |
| into custody for committing an act that would be a felony or an | 2712 |
| offense of violence if committed by an adult. The superintendent | 2713 |
| also shall file for record the fingerprint impressions of all | 2714 |
| persons confined in a county, multicounty, municipal, | 2715 |
| municipal-county, or multicounty-municipal jail or workhouse, | 2716 |
| community-based correctional facility, halfway house, alternative | 2717 |
| residential facility, or state correctional institution for the | 2718 |
| violation of state laws and of all children under eighteen years | 2719 |
| of age who are confined in a county, multicounty, municipal, | 2720 |
| municipal-county, or multicounty-municipal jail or workhouse, | 2721 |
| community-based correctional facility, halfway house, alternative | 2722 |
| residential facility, or state correctional institution or in any | 2723 |
| facility for delinquent children for committing an act that would | 2724 |
| be a felony or an offense of violence if committed by an adult, | 2725 |
| and any other information that the superintendent may receive from | 2726 |
| law enforcement officials of the state and its political | 2727 |
| subdivisions. | 2728 |
| (4) The superintendent shall carry out Chapter 2950. of the | 2729 |
| Revised Code with respect to the registration of persons who are | 2730 |
| convicted of or plead guilty to either a sexually oriented offense | 2731 |
| that is not a registration-exempt sexually oriented offense or a | 2732 |
| child-victim oriented offense and with respect to all other duties | 2733 |
| imposed on the bureau under that chapter. | 2734 |
| (5) The bureau shall perform centralized recordkeeping | 2735 |
| functions for criminal history records and services in this state | 2736 |
| for purposes of the national crime prevention and privacy compact | 2737 |
| set forth in section 109.571 of the Revised Code and is the | 2738 |
| criminal history record repository as defined in that section for | 2739 |
| purposes of that compact. The superintendent or the | 2740 |
| superintendent's designee is the compact officer for purposes of | 2741 |
| that compact and shall carry out the responsibilities of the | 2742 |
| compact officer specified in that compact. | 2743 |
| (B) The superintendent shall prepare and furnish to every | 2744 |
| county, multicounty, municipal, municipal-county, or | 2745 |
| multicounty-municipal jail or workhouse, community-based | 2746 |
| correctional facility, halfway house, alternative residential | 2747 |
| facility, or state correctional institution and to every clerk of | 2748 |
| a court in this state specified in division (A)(2) of this section | 2749 |
| standard forms for reporting the information required under | 2750 |
| division (A) of this section. The standard forms that the | 2751 |
| superintendent prepares pursuant to this division may be in a | 2752 |
| tangible format, in an electronic format, or in both tangible | 2753 |
| formats and electronic formats. | 2754 |
| (C) The superintendent may operate a center for electronic, | 2755 |
| automated, or other data processing for the storage and retrieval | 2756 |
| of information, data, and statistics pertaining to criminals and | 2757 |
| to children under eighteen years of age who are adjudicated | 2758 |
| delinquent children for committing an act that would be a felony | 2759 |
| or an offense of violence if committed by an adult, criminal | 2760 |
| activity, crime prevention, law enforcement, and criminal justice, | 2761 |
| and may establish and operate a statewide communications network | 2762 |
| to gather and disseminate information, data, and statistics for | 2763 |
| the use of law enforcement agencies. The superintendent may | 2764 |
| gather, store, retrieve, and disseminate information, data, and | 2765 |
| statistics that pertain to children who are under eighteen years | 2766 |
| of age and that are gathered pursuant to sections 109.57 to 109.61 | 2767 |
| of the Revised Code together with information, data, and | 2768 |
| statistics that pertain to adults and that are gathered pursuant | 2769 |
| to those sections. In addition to any other authorized use of | 2770 |
| information, data, and statistics of that nature, the | 2771 |
| superintendent or the superintendent's designee may provide and | 2772 |
| exchange the information, data, and statistics pursuant to the | 2773 |
| national crime prevention and privacy compact as described in | 2774 |
| division (A)(5) of this section. | 2775 |
| (D) The information and materials furnished to the | 2776 |
| superintendent pursuant to division (A) of this section and | 2777 |
| information and materials furnished to any board or person under | 2778 |
| division (F) or (G) of this section are not public records under | 2779 |
| section 149.43 of the Revised Code. | 2780 |
| (E) The attorney general shall adopt rules, in accordance | 2781 |
| with Chapter 119. of the Revised Code, setting forth the procedure | 2782 |
| by which a person may receive or release information gathered by | 2783 |
| the superintendent pursuant to division (A) of this section. A | 2784 |
| reasonable fee may be charged for this service. If a temporary | 2785 |
| employment service submits a request for a determination of | 2786 |
| whether a person the service plans to refer to an employment | 2787 |
| position has been convicted of or pleaded guilty to an offense | 2788 |
| listed in division (A)(1), (3), (4), (5), or (6) of section | 2789 |
| 109.572 of the Revised Code, the request shall be treated as a | 2790 |
| single request and only one fee shall be charged. | 2791 |
| (F)(1) As used in division (F)(2) of this section, "head | 2792 |
| start agency" means an entity in this state that has been approved | 2793 |
| to be an agency for purposes of subchapter II of the "Community | 2794 |
| Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, | 2795 |
| as amended. | 2796 |
| (2)(a) In addition to or in conjunction with any request that | 2797 |
| is required to be made under section 109.572, 2151.86, 3301.32, | 2798 |
| 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, | 2799 |
| 5126.28, 5126.281, or 5153.111 of the Revised Code, the board of | 2800 |
| education of any school district; the director of mental | 2801 |
| retardation and developmental disabilities; any county board of | 2802 |
| mental retardation and developmental disabilities; any entity | 2803 |
| under contract with a county board of mental retardation and | 2804 |
| developmental disabilities; the chief administrator of any | 2805 |
| chartered nonpublic school; the chief administrator of any home | 2806 |
| health agency; the chief administrator of or person operating any | 2807 |
| child day-care center, type A family day-care home, or type B | 2808 |
| family day-care home licensed or certified under Chapter 5104. of | 2809 |
| the Revised Code; the administrator of any type C family day-care | 2810 |
| home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st | 2811 |
| general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st | 2812 |
| general assembly; the chief administrator of any head start | 2813 |
| agency; or the executive director of a public children services | 2814 |
| agency may request that the superintendent of the bureau | 2815 |
| investigate and determine, with respect to any individual who has | 2816 |
| applied for employment in any position after October 2, 1989, or | 2817 |
| any individual wishing to apply for employment with a board of | 2818 |
| education may request, with regard to the individual, whether the | 2819 |
| bureau has any information gathered under division (A) of this | 2820 |
| section that pertains to that individual. On receipt of the | 2821 |
| request, the superintendent shall determine whether that | 2822 |
| information exists and, upon request of the person, board, or | 2823 |
| entity requesting information, also shall request from the federal | 2824 |
| bureau of investigation any criminal records it has pertaining to | 2825 |
| that individual. The superintendent or the superintendent's | 2826 |
| designee also may request criminal history records from other | 2827 |
| states or the federal government pursuant to the national crime | 2828 |
| prevention and privacy compact set forth in section 109.571 of the | 2829 |
| Revised Code. Within thirty days of the date that the | 2830 |
| superintendent receives a request, the superintendent shall send | 2831 |
| to the board, entity, or person a report of any information that | 2832 |
| the superintendent determines exists, including information | 2833 |
| contained in records that have been sealed under section 2953.32 | 2834 |
| of the Revised Code, and, within thirty days of its receipt, shall | 2835 |
| send the board, entity, or person a report of any information | 2836 |
| received from the federal bureau of investigation, other than | 2837 |
| information the dissemination of which is prohibited by federal | 2838 |
| law. | 2839 |
| (b) When a board of education is required to receive | 2840 |
| information under this section as a prerequisite to employment of | 2841 |
| an individual pursuant to section 3319.39 of the Revised Code, it | 2842 |
| may accept a certified copy of records that were issued by the | 2843 |
| bureau of criminal identification and investigation and that are | 2844 |
| presented by an individual applying for employment with the | 2845 |
| district in lieu of requesting that information itself. In such a | 2846 |
| case, the board shall accept the certified copy issued by the | 2847 |
| bureau in order to make a photocopy of it for that individual's | 2848 |
| employment application documents and shall return the certified | 2849 |
| copy to the individual. In a case of that nature, a district only | 2850 |
| shall accept a certified copy of records of that nature within one | 2851 |
| year after the date of their issuance by the bureau. | 2852 |
| (3) The state board of education may request, with respect to | 2853 |
| any individual who has applied for employment after October 2, | 2854 |
| 1989, in any position with the state board or the department of | 2855 |
| education, any information that a school district board of | 2856 |
| education is authorized to request under division (F)(2) of this | 2857 |
| section, and the superintendent of the bureau shall proceed as if | 2858 |
| the request has been received from a school district board of | 2859 |
| education under division (F)(2) of this section. | 2860 |
| (4) When the superintendent of the bureau receives a request | 2861 |
| for information under section 3319.291 of the Revised Code, the | 2862 |
| superintendent shall proceed as if the request has been received | 2863 |
| from a school district board of education under division (F)(2) of | 2864 |
| this section. | 2865 |
| (5) When a recipient of | 2866 |
| reading
improvement grant paid under section 3301.86 | 2867 |
| the Revised
Code
| 2868 |
| requests, with respect to any individual who applies to | 2869 |
| participate in
providing any program or service
| 2870 |
| 2871 | |
| the grant, the information that a school district board of | 2872 |
| education is authorized to request under division (F)(2)(a) of | 2873 |
| this section, the superintendent of the bureau shall proceed as if | 2874 |
| the request has been received from a school district board of | 2875 |
| education under division (F)(2)(a) of this section. | 2876 |
| (G) In addition to or in conjunction with any request that is | 2877 |
| required to be made under section 173.41, 3701.881, 3712.09, | 2878 |
| 3721.121, or 3722.151 of the Revised Code with respect to an | 2879 |
| individual who has applied for employment in a position that | 2880 |
| involves providing direct care to an older adult, the chief | 2881 |
| administrator of a PASSPORT agency that provides services through | 2882 |
| the PASSPORT program created under section 173.40 of the Revised | 2883 |
| Code, home health agency, hospice care program, home licensed | 2884 |
| under Chapter 3721. of the Revised Code, adult day-care program | 2885 |
| operated pursuant to rules adopted under section 3721.04 of the | 2886 |
| Revised Code, or adult care facility may request that the | 2887 |
| superintendent of the bureau investigate and determine, with | 2888 |
| respect to any individual who has applied after January 27, 1997, | 2889 |
| for employment in a position that does not involve providing | 2890 |
| direct care to an older adult, whether the bureau has any | 2891 |
| information gathered under division (A) of this section that | 2892 |
| pertains to that individual. On receipt of the request, the | 2893 |
| superintendent shall determine whether that information exists | 2894 |
| and, on request of the administrator requesting information, shall | 2895 |
| also request from the federal bureau of investigation any criminal | 2896 |
| records it has pertaining to that individual. The superintendent | 2897 |
| or the superintendent's designee also may request criminal history | 2898 |
| records from other states or the federal government pursuant to | 2899 |
| the national crime prevention and privacy compact set forth in | 2900 |
| section 109.571 of the Revised Code. Within thirty days of the | 2901 |
| date a request is received, the superintendent shall send to the | 2902 |
| administrator a report of any information determined to exist, | 2903 |
| including information contained in records that have been sealed | 2904 |
| under section 2953.32 of the Revised Code, and, within thirty days | 2905 |
| of its receipt, shall send the administrator a report of any | 2906 |
| information received from the federal bureau of investigation, | 2907 |
| other than information the dissemination of which is prohibited by | 2908 |
| federal law. | 2909 |
| (H) Information obtained by a board, administrator, or other | 2910 |
| person under this section is confidential and shall not be | 2911 |
| released or disseminated. | 2912 |
| (I) The superintendent may charge a reasonable fee for | 2913 |
| providing information or criminal records under division (F)(2) or | 2914 |
| (G) of this section. | 2915 |
| Sec. 109.579. (A) On receipt of a request pursuant to | 2916 |
| division (B) of section 4123.444 of the Revised Code, a completed | 2917 |
| form prescribed pursuant to division (C)(1) of this section, and a | 2918 |
| set of fingerprint impressions obtained in the manner described in | 2919 |
| division (C)(2) of this section, the superintendent of the bureau | 2920 |
| of criminal identification and investigation shall conduct a | 2921 |
| criminal records check in the manner described in division (B) of | 2922 |
| this section to determine whether any information exists that | 2923 |
| indicates that the person who is the subject of the request | 2924 |
| previously has been convicted of or pleaded guilty to any criminal | 2925 |
| offense involving theft, receiving stolen property, embezzlement, | 2926 |
| forgery, fraud, passing bad checks, money laundering, drug | 2927 |
| trafficking, or any criminal offense involving money or | 2928 |
| securities, as set forth in Chapters 2909., 2911., 2913., 2915., | 2929 |
| 2921., 2923., and 2925. of the Revised Code or other law of this | 2930 |
| state, or the laws of any other state or of the United States that | 2931 |
| are substantially equivalent to those offenses. | 2932 |
| (B) The superintendent shall conduct a criminal records check | 2933 |
| pursuant to division (A) of this section as follows: | 2934 |
| (1) The superintendent shall review or cause to be reviewed | 2935 |
| any relevant information gathered and compiled by the bureau under | 2936 |
| division (A) of section 109.57 of the Revised Code that relates to | 2937 |
| the person who is the subject of the request, including any | 2938 |
| relevant information contained in records that have been sealed | 2939 |
| under section 2953.32 of the Revised Code. | 2940 |
| (2) If the request received by the superintendent asks for | 2941 |
| information from the federal bureau of investigation, the | 2942 |
| superintendent shall request from the federal bureau of | 2943 |
| investigation any information it has with respect to the person | 2944 |
| who is the subject of the request. The superintendent shall review | 2945 |
| or cause to be reviewed any information that the superintendent | 2946 |
| receives from the federal bureau of investigation. | 2947 |
| (3) The superintendent shall forward the results of a | 2948 |
| criminal records check conducted pursuant to this division to the | 2949 |
| administrator of workers' compensation. | 2950 |
| (C)(1) The superintendent shall prescribe a form to obtain | 2951 |
| the information necessary to conduct a criminal records check from | 2952 |
| any person for whom a criminal records check is requested pursuant | 2953 |
| to division (B) of section 4123.444 of the Revised Code. The form | 2954 |
| that the superintendent prescribes pursuant to this division may | 2955 |
| be in a tangible format, in an electronic format, or in both | 2956 |
| tangible and electronic formats. | 2957 |
| (2) The superintendent shall prescribe standard impression | 2958 |
| sheets to obtain the fingerprint impressions of any person for | 2959 |
| whom a criminal records check is requested pursuant to section | 2960 |
| 4123.444 of the Revised Code. Any person for whom the | 2961 |
| administrator requests the superintendent to conduct a criminal | 2962 |
| records check pursuant to that section shall have the person's | 2963 |
| fingerprint impressions made at a county sheriff's office, a | 2964 |
| municipal police department, or any other entity with the ability | 2965 |
| to make fingerprint impressions on the standard impression sheets | 2966 |
| prescribed by the superintendent. The office, department, or | 2967 |
| entity may charge the person a reasonable fee for making the | 2968 |
| impressions. The standard impression sheets the superintendent | 2969 |
| prescribes pursuant to this division may be in a tangible format, | 2970 |
| in an electronic format, or in both tangible and electronic | 2971 |
| formats. | 2972 |
| (3) The superintendent may prescribe methods of forwarding | 2973 |
| fingerprint impressions and information necessary to conduct a | 2974 |
| criminal records check. The methods shall include, but are not | 2975 |
| limited to, electronic methods. | 2976 |
| (D) A determination whether any information exists that | 2977 |
| indicates that a person previously has been convicted of or | 2978 |
| pleaded guilty to any offense listed or described in division (A) | 2979 |
| of this section that the superintendent makes pursuant to | 2980 |
| information considered in a criminal records check under this | 2981 |
| section is valid for the person who is the subject of that | 2982 |
| criminal records check for a period of one year after the date the | 2983 |
| superintendent makes that determination. | 2984 |
| (E) The superintendent shall prescribe and charge a | 2985 |
| reasonable fee for providing a criminal records check requested | 2986 |
| under section 4123.444 of the Revised Code. If another request for | 2987 |
| a criminal records check is made under this section for a person | 2988 |
| for whom a valid determination under division (D) of this section | 2989 |
| is available, the superintendent shall provide the determination | 2990 |
| for a reduced fee. | 2991 |
| Sec. 109.79. (A) The Ohio peace officer training commission | 2992 |
| shall establish and conduct a training school for law enforcement | 2993 |
| officers of any political subdivision of the state or of the state | 2994 |
| public defender's office. The school shall be known as the Ohio | 2995 |
| peace officer training academy. No bailiff or deputy bailiff of a | 2996 |
| court of record of this state and no criminal investigator | 2997 |
| employed by the state public defender shall be permitted to attend | 2998 |
| the academy for training unless the employing court of the bailiff | 2999 |
| or deputy bailiff or the state public defender, whichever is | 3000 |
| applicable, has authorized the bailiff, deputy bailiff, or | 3001 |
| investigator to attend the academy. | 3002 |
| The Ohio peace officer training commission shall develop the | 3003 |
| training program, which shall include courses in both the civil | 3004 |
| and criminal functions of law enforcement officers, a course in | 3005 |
| crisis intervention with six or more hours of training, and | 3006 |
| training in the handling of missing children and child abuse and | 3007 |
| neglect cases, and shall establish rules governing qualifications | 3008 |
| for admission to the academy. The commission may require | 3009 |
| competitive examinations to determine fitness of prospective | 3010 |
| trainees, so long as the examinations or other criteria for | 3011 |
| admission to the academy are consistent with the provisions of | 3012 |
| Chapter 124. of the Revised Code. | 3013 |
| The Ohio peace officer training commission shall determine | 3014 |
| tuition costs which shall be sufficient in the aggregate to pay | 3015 |
| the costs of operating the academy. The costs of acquiring and | 3016 |
| equipping the academy shall be paid from appropriations made by | 3017 |
| the general assembly to the Ohio peace officer training commission | 3018 |
|
for that purpose, | 3019 |
| purpose, or from fees for goods related to the academy. | 3020 |
| The law enforcement officers, during the period of their | 3021 |
| training, shall receive compensation as determined by the | 3022 |
| political subdivision that sponsors them or, if the officer is a | 3023 |
| criminal investigator employed by the state public defender, as | 3024 |
| determined by the state public defender. The political subdivision | 3025 |
| may pay the tuition costs of the law enforcement officers they | 3026 |
| sponsor and the state public defender may pay the tuition costs of | 3027 |
| criminal investigators of that office who attend the academy. | 3028 |
| If trainee vacancies exist, the academy may train and issue | 3029 |
| certificates of satisfactory completion to peace officers who are | 3030 |
| employed by a campus police department pursuant to section 1713.50 | 3031 |
| of the Revised Code, by a qualified nonprofit corporation police | 3032 |
| department pursuant to section 1702.80 of the Revised Code, or by | 3033 |
| a railroad company, who are amusement park police officers | 3034 |
| appointed and commissioned by a judge of the appropriate municipal | 3035 |
| court or county court pursuant to section 4973.17 of the Revised | 3036 |
| Code, or who are hospital police officers appointed and | 3037 |
| commissioned by the governor pursuant to sections 4973.17 to | 3038 |
| 4973.22 of the Revised Code, provided that no such officer shall | 3039 |
| be trained at the academy unless the officer meets the | 3040 |
| qualifications established for admission to the academy and the | 3041 |
| qualified nonprofit corporation police department, railroad | 3042 |
| company, hospital, or amusement park or the private college or | 3043 |
| university that established the campus police department prepays | 3044 |
| the entire cost of the training. A qualified nonprofit corporation | 3045 |
| police department, railroad company, hospital, or amusement park | 3046 |
| or a private college or university that has established a campus | 3047 |
| police department is not entitled to reimbursement from the state | 3048 |
| for any amount paid for the cost of training the railroad | 3049 |
| company's peace officers or the peace officers of the qualified | 3050 |
| nonprofit corporation police department, campus police department, | 3051 |
| hospital, or amusement park. | 3052 |
| The academy shall permit investigators employed by the state | 3053 |
| medical board to take selected courses that the board determines | 3054 |
| are consistent with its responsibilities for initial and | 3055 |
| continuing training of investigators as required under sections | 3056 |
| 4730.26 and 4731.05 of the Revised Code. The board shall pay the | 3057 |
| entire cost of training that investigators receive at the academy. | 3058 |
| (B) As used in this section: | 3059 |
| (1) "Law enforcement officers" include any undercover drug | 3060 |
| agent, any bailiff or deputy bailiff of a court of record, and any | 3061 |
| criminal investigator who is employed by the state public | 3062 |
| defender. | 3063 |
| (2) "Undercover drug agent" means any person who: | 3064 |
| (a) Is employed by a county, township, or municipal | 3065 |
| corporation for the purposes set forth in division (B)(2)(b) of | 3066 |
| this section but who is not an employee of a county sheriff's | 3067 |
| department, of a township constable, or of the police department | 3068 |
| of a municipal corporation or township; | 3069 |
| (b) In the course of the person's employment by a county, | 3070 |
| township, or municipal corporation, investigates and gathers | 3071 |
| information pertaining to persons who are suspected of violating | 3072 |
| Chapter 2925. or 3719. of the Revised Code, and generally does not | 3073 |
| wear a uniform in the performance of the person's duties. | 3074 |
| (3) "Crisis intervention training" has the same meaning as in | 3075 |
| section 109.71 of the Revised Code. | 3076 |
| (4) "Missing children" has the same meaning as in section | 3077 |
| 2901.30 of the Revised Code. | 3078 |
| Sec. 109.91. (A) There is hereby established within the | 3079 |
| office of the attorney general the crime victims assistance | 3080 |
| office. | 3081 |
| (B) There is hereby established the state victims assistance | 3082 |
| advisory committee. The committee shall consist of a chairperson, | 3083 |
|
to be appointed by the attorney general, | 3084 |
| members, and fifteen members to be appointed by the attorney | 3085 |
| general as follows: one member who represents the Ohio | 3086 |
| victim-witness association; three members who represent local | 3087 |
| victim assistance programs, including one from a municipally | 3088 |
| operated program and one from a county-operated program; one | 3089 |
| member who represents the interests of elderly victims; one member | 3090 |
| who is a board member of any statewide or local organization that | 3091 |
| exists primarily to aid victims of domestic violence, or who is an | 3092 |
| employee of, or counselor for, such an organization; one member | 3093 |
| who is an employee or officer of a county probation department or | 3094 |
| a probation department operated by the department of | 3095 |
| rehabilitation and correction; one member who is a county | 3096 |
| prosecuting attorney; one member who is a city law director; one | 3097 |
| member who is a county sheriff; one member who is a member or | 3098 |
| officer of a township or municipal police department; one member | 3099 |
| who is a court of common pleas judge; one member who is a | 3100 |
| municipal court judge or county court judge; and two members who | 3101 |
| are private citizens and are not government employees. | 3102 |
| The committee shall include the following ex officio, | 3103 |
|
nonvoting
members: | 3104 |
| attorney general, one member of the senate to be designated by the | 3105 |
| president of the senate, and one member of the house of | 3106 |
| representatives to be designated by the speaker of the house. | 3107 |
| Members of the committee shall serve without compensation, | 3108 |
| but shall be reimbursed for travel and other necessary expenses | 3109 |
| that are incurred in the conduct of their official duties as | 3110 |
| members of the committee. The chairperson and members of the | 3111 |
| committee appointed by the attorney general shall serve at the | 3112 |
| pleasure of the attorney
general. The | 3113 |
| 3114 | |
| the end of the
term of
office that qualified | 3115 |
| general for membership on the committee. The member of the senate | 3116 |
| and the member of the house of representatives shall serve at the | 3117 |
| pleasure of the president of the senate and the speaker of the | 3118 |
| house of representatives, respectively. | 3119 |
| (C) The victims assistance advisory committee shall perform | 3120 |
| both of the following duties: | 3121 |
| (1) Advise the crime victims assistance office in determining | 3122 |
| crime and delinquency victim service needs, determining crime and | 3123 |
| delinquency victim policies for the state, and improving and | 3124 |
| exercising leadership in the quality of crime and delinquency | 3125 |
| victim programs in the state; | 3126 |
| (2) Review and recommend to the crime victims assistance | 3127 |
| office the victim assistance programs that should be considered | 3128 |
| for the receipt of state financial assistance pursuant to section | 3129 |
| 109.92 of the Revised Code. The financial assistance allocation | 3130 |
| recommendations of the committee shall be based on the following | 3131 |
| priorities: | 3132 |
| (a) Programs in existence on July 1, 1985, shall be given | 3133 |
| first priority; | 3134 |
| (b) Programs offering or proposing to offer the broadest | 3135 |
| range of services and referrals to the community served, including | 3136 |
| medical, psychological, financial, educational, vocational, and | 3137 |
| legal services that were not in existence on July 1, 1985, shall | 3138 |
| be given second priority; | 3139 |
| (c) Other qualified programs shall be given last priority. | 3140 |
| (D) As used in this section and section 109.92 of the Revised | 3141 |
| Code, "victim assistance program" includes, but is not limited to | 3142 |
| a program that provides at least one of the following: | 3143 |
| (1) Services to victims of any offense of violence or | 3144 |
| delinquent act that would be an offense of violence if committed | 3145 |
| by an adult; | 3146 |
| (2) Financial assistance or property repair services to | 3147 |
| victims of crime or delinquent acts; | 3148 |
| (3) Assistance to victims of crime or delinquent acts in | 3149 |
| judicial proceedings; | 3150 |
| (4) Assistance to victims of crime or delinquent acts under | 3151 |
| the operation of any political subdivision of the state or a | 3152 |
| branch of the criminal justice system set forth in division | 3153 |
|
(B)(1)(a), | 3154 |
| Revised Code; | 3155 |
| (5) Technical assistance to persons or organizations that | 3156 |
| provide services to victims of crime or delinquent acts under the | 3157 |
| operation of a branch of the criminal justice system set forth in | 3158 |
| 3159 | |
| 3160 |
| A victim assistance program does not include the program for | 3161 |
| the reparation of crime victims established pursuant to Chapter | 3162 |
| 2743. of the Revised Code. | 3163 |
| Sec. 109.98. As used in this section, "state retirement | 3164 |
| board" means the public employees retirement board, board of | 3165 |
| trustees of the Ohio police and fire pension fund, school | 3166 |
| employees retirement board, state teachers retirement board, and | 3167 |
| state highway patrol retirement board. | 3168 |
| If a member of a state retirement board breaches the member's | 3169 |
| fiduciary duty to the retirement system, the attorney general may | 3170 |
| maintain a civil action against the board member for harm | 3171 |
| resulting from that breach. | 3172 |
| 742.09, 3307.13, 3309.13, and 5505.23 of the Revised Code, after | 3173 |
| being informed of an allegation that the entire board has breached | 3174 |
| its fiduciary duty, the state retirement board may retain | 3175 |
| independent legal counsel, including legal counsel provided by the | 3176 |
| board's fiduciary insurance carrier, to advise the board and to | 3177 |
| represent the board. | 3178 |
| The attorney general may recover damages or be granted | 3179 |
| injunctive relief, which shall include the enjoinment of specified | 3180 |
| activities and the removal of the member from the board. Any | 3181 |
| damages awarded shall be paid to the retirement system. The | 3182 |
| authority to maintain a civil action created by this section is in | 3183 |
| addition to any authority the attorney general possesses under any | 3184 |
| other provision of the Revised Code. | 3185 |
| Sec. 109.981. If a voting member of workers' compensation | 3186 |
| oversight commission breaches the member's fiduciary duty to the | 3187 |
| bureau of workers' compensation, the attorney general may maintain | 3188 |
| a civil action against the board member for harm resulting from | 3189 |
| that breach. Notwithstanding section 4121.128 of the Revised Code, | 3190 |
| after being informed of an allegation that the entire oversight | 3191 |
| commission has breached its fiduciary duty, the oversight | 3192 |
| commission may retain independent legal counsel, including legal | 3193 |
| counsel provided by the oversight commission's fiduciary insurance | 3194 |
| carrier, to advise the board and to represent the board. The | 3195 |
| attorney general may recover damages or be granted injunctive | 3196 |
| relief, which shall include the enjoinment of specified activities | 3197 |
| and the removal of the member from the board. Any damages awarded | 3198 |
| shall be paid to the bureau. The authority to maintain a civil | 3199 |
| action created by this section is in addition to any authority the | 3200 |
| attorney general possesses under any other provision of the | 3201 |
| Revised Code. | 3202 |
| Sec. 117.10. The auditor of state shall audit all public | 3203 |
| offices as provided in this chapter. The auditor of state also may | 3204 |
| audit the accounts of private institutions, associations, boards, | 3205 |
| and corporations receiving public money for their use and may | 3206 |
| require of them annual reports in such form as the auditor of | 3207 |
| state prescribes. | 3208 |
| If the auditor of state performs or contracts for the | 3209 |
| performance of an audit, including a special audit, of the public | 3210 |
| employees retirement system, school employees retirement system, | 3211 |
| state teachers retirement system, state highway patrol retirement | 3212 |
| system, or Ohio police and fire pension fund, the auditor of state | 3213 |
| shall make a timely report of the results of the audit to the Ohio | 3214 |
| retirement study council. | 3215 |
| The auditor of state may audit the accounts of any provider | 3216 |
| as defined in
section 5111.06 of the Revised Code | 3217 |
| 3218 |
| If a public office has been audited by an agency of the | 3219 |
| United States government, the auditor of state may, if satisfied | 3220 |
| that the federal audit has been conducted according to principles | 3221 |
| and procedures not contrary to those of the auditor of state, use | 3222 |
| and adopt the federal audit and report in lieu of an audit by the | 3223 |
| auditor of state's own office. | 3224 |
| Within thirty days after the creation or dissolution or the | 3225 |
| winding up of the affairs of any public office, that public office | 3226 |
| shall notify the auditor of state in writing that this action has | 3227 |
| occurred. | 3228 |
| Sec. 120.06. (A)(1) The state public defender, when | 3229 |
| designated by the court or requested by a county public defender | 3230 |
| or joint county public defender, may provide legal representation | 3231 |
| in all courts throughout the state to indigent adults and | 3232 |
| juveniles who are charged with the commission of an offense or act | 3233 |
| for which the penalty or any possible adjudication includes the | 3234 |
| potential loss of liberty. | 3235 |
| (2) The state public defender may provide legal | 3236 |
| representation to any indigent person who, while incarcerated in | 3237 |
| any state correctional institution, is charged with a felony | 3238 |
| offense, for which the penalty or any possible adjudication that | 3239 |
| may be imposed by a court upon conviction includes the potential | 3240 |
| loss of liberty. | 3241 |
| (3) The state public defender may provide legal | 3242 |
| representation to any person incarcerated in any correctional | 3243 |
| institution of the state, in any matter in which the person | 3244 |
| asserts the person is unlawfully imprisoned or detained. | 3245 |
| (4) The state public defender, in any case in which the state | 3246 |
| public defender has provided legal representation or is requested | 3247 |
| to do so by a county public defender or joint county public | 3248 |
| defender, may provide legal representation on appeal. | 3249 |
| (5) The state public defender, when designated by the court | 3250 |
| or requested by a county public defender, joint county public | 3251 |
| defender, or the director of rehabilitation and correction, shall | 3252 |
| provide legal representation in parole and probation revocation | 3253 |
| matters or matters relating to the revocation of community control | 3254 |
| or post-release control under a community control sanction or | 3255 |
| post-release control sanction, unless the state public defender | 3256 |
| finds that the alleged parole or probation violator or alleged | 3257 |
| violator of a community control sanction or post-release control | 3258 |
| sanction has the financial capacity to retain the alleged | 3259 |
| violator's own counsel. | 3260 |
| (6) If the state public defender contracts with a county | 3261 |
| public defender commission, a joint county public defender | 3262 |
| commission, or a board of county commissioners for the provision | 3263 |
| of services, under authority of division (C)(7) of section 120.04 | 3264 |
| of the Revised Code, the state public defender shall provide legal | 3265 |
| representation in accordance with the contract. | 3266 |
| (B) The state public defender shall not be required to | 3267 |
| prosecute any appeal, postconviction remedy, or other proceeding | 3268 |
| pursuant to division (A)(3), (4), or (5) of this section, unless | 3269 |
| the state public defender first is satisfied that there is | 3270 |
| arguable merit to the proceeding. | 3271 |
| (C) A court may appoint counsel or allow an indigent person | 3272 |
| to select the indigent's own personal counsel to assist the state | 3273 |
| public defender as co-counsel when the interests of justice so | 3274 |
| require. When co-counsel is appointed to assist the state public | 3275 |
| defender, the co-counsel shall receive any compensation that the | 3276 |
| court may approve, not to exceed the amounts provided for in | 3277 |
| section 2941.51 of the Revised Code. | 3278 |
| (D)(1) When the state public defender is designated by the | 3279 |
| court or requested by a county public defender or joint county | 3280 |
| public defender to provide legal representation for an indigent | 3281 |
| person in any case, other than pursuant to a contract entered into | 3282 |
| under authority of division (C)(7) of section 120.04 of the | 3283 |
| Revised Code, the state public defender shall send to the county | 3284 |
|
in which the case is filed | 3285 |
| 3286 | |
| itemizes legal fees and expenses. The county, upon receipt of an | 3287 |
| itemized bill from the state public defender pursuant to this | 3288 |
| division, shall | 3289 |
| 3290 | |
| public defender each of the following amounts: | 3291 |
| (a) For the amount identified as legal fees in the itemized | 3292 |
| bill, one hundred per cent of the amount identified as legal fees | 3293 |
| less the state reimbursement rate as calculated by the state | 3294 |
| public defender pursuant to section 120.34 of the Revised Code for | 3295 |
| the month the case terminated, as set forth in the itemized bill; | 3296 |
| (b) For the amount identified as expenses in the itemized | 3297 |
| bill, one hundred per cent. | 3298 |
| (2) Upon payment of the itemized bill under division (D)(1) | 3299 |
| of this section, the county may submit the cost of the expenses, | 3300 |
| excluding legal fees, to the state public defender for | 3301 |
| reimbursement pursuant to section 120.33 of the Revised Code. | 3302 |
| (3) When the state public defender provides investigation or | 3303 |
| mitigation services to private appointed counsel or to a county or | 3304 |
| joint county public defender as approved by the appointing court, | 3305 |
| other than pursuant to a contract entered into under authority of | 3306 |
| division (C)(7) of section 120.04 of the Revised Code, the state | 3307 |
| public defender shall send to the county in which the case is | 3308 |
| filed a bill itemizing the actual cost of the services provided. | 3309 |
| The county, upon receipt of an itemized bill from the state public | 3310 |
| defender pursuant to this division, shall pay one hundred per cent | 3311 |
| of the amount as set forth in the itemized bill. Upon payment of | 3312 |
| the itemized bill received pursuant to this division, the county | 3313 |
| may submit the cost of the investigation and mitigation services | 3314 |
| to the state public defender for reimbursement pursuant to section | 3315 |
| 120.33 of the Revised Code. | 3316 |
| (4) There is hereby created in the state treasury the county | 3317 |
| representation fund for the deposit of moneys received from | 3318 |
| counties under this division. All moneys credited to the fund | 3319 |
| shall be used by the state public defender to provide legal | 3320 |
| representation for indigent persons when designated by the court | 3321 |
| or requested by a county or joint county public defender or to | 3322 |
| provide investigation or mitigation services, including | 3323 |
| investigation or mitigation services to private appointed counsel | 3324 |
| or a county or joint county public defender, as approved by the | 3325 |
| court. | 3326 |
| (E)(1) Notwithstanding any contrary provision of sections | 3327 |
| 109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code | 3328 |
| that pertains to representation by the attorney general, an | 3329 |
| assistant attorney general, or special counsel of an officer or | 3330 |
| employee, as defined in section 109.36 of the Revised Code, or of | 3331 |
| an entity of state government, the state public defender may elect | 3332 |
| to contract with, and to have the state pay pursuant to division | 3333 |
| (E)(2) of this section for the services of, private legal counsel | 3334 |
| to represent the Ohio public defender commission, the state public | 3335 |
| defender, assistant state public defenders, other employees of the | 3336 |
| commission or the state public defender, and attorneys described | 3337 |
| in division (C) of section 120.41 of the Revised Code in a | 3338 |
| malpractice or other civil action or proceeding that arises from | 3339 |
| alleged actions or omissions related to responsibilities derived | 3340 |
| pursuant to this chapter, or in a civil action that is based upon | 3341 |
| alleged violations of the constitution or statutes of the United | 3342 |
| States, including section 1983 of Title 42 of the United States | 3343 |
| Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that | 3344 |
| arises from alleged actions or omissions related to | 3345 |
| responsibilities derived pursuant to this chapter, if the state | 3346 |
| public defender determines, in good faith, that the defendant in | 3347 |
| the civil action or proceeding did not act manifestly outside the | 3348 |
| scope of the defendant's employment or official responsibilities, | 3349 |
| with malicious purpose, in bad faith, or in a wanton or reckless | 3350 |
| manner. If the state public defender elects not to contract | 3351 |
| pursuant to this division for private legal counsel in a civil | 3352 |
| action or proceeding, then, in accordance with sections 109.02, | 3353 |
| 109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the | 3354 |
| attorney general shall represent or provide for the representation | 3355 |
| of the Ohio public defender commission, the state public defender, | 3356 |
| assistant state public defenders, other employees of the | 3357 |
| commission or the state public defender, or attorneys described in | 3358 |
| division (C) of section 120.41 of the Revised Code in the civil | 3359 |
| action or proceeding. | 3360 |
| (2)(a) Subject to division (E)(2)(b) of this section, payment | 3361 |
| from the state treasury for the services of private legal counsel | 3362 |
| with whom the state public defender has contracted pursuant to | 3363 |
| division (E)(1) of this section shall be accomplished only through | 3364 |
| the following procedure: | 3365 |
| (i) The private legal counsel shall file with the attorney | 3366 |
| general a copy of the contract; a request for an award of legal | 3367 |
| fees, court costs, and expenses earned or incurred in connection | 3368 |
| with the defense of the Ohio public defender commission, the state | 3369 |
| public defender, an assistant state public defender, an employee, | 3370 |
| or an attorney in a specified civil action or proceeding; a | 3371 |
| written itemization of those fees, costs, and expenses, including | 3372 |
| the signature of the state public defender and the state public | 3373 |
| defender's attestation that the fees, costs, and expenses were | 3374 |
| earned or incurred pursuant to division (E)(1) of this section to | 3375 |
| the best of the state public defender's knowledge and information; | 3376 |
| a written statement whether the fees, costs, and expenses are for | 3377 |
| all legal services to be rendered in connection with that defense, | 3378 |
| are only for legal services rendered to the date of the request | 3379 |
| and additional legal services likely will have to be provided in | 3380 |
| connection with that defense, or are for the final legal services | 3381 |
| rendered in connection with that defense; a written statement | 3382 |
| indicating whether the private legal counsel previously submitted | 3383 |
| a request for an award under division (E)(2) of this section in | 3384 |
| connection with that defense and, if so, the date and the amount | 3385 |
| of each award granted; and, if the fees, costs, and expenses are | 3386 |
| for all legal services to be rendered in connection with that | 3387 |
| defense or are for the final legal services rendered in connection | 3388 |
| with that defense, a certified copy of any judgment entry in the | 3389 |
| civil action or proceeding or a signed copy of any settlement | 3390 |
| agreement entered into between the parties to the civil action or | 3391 |
| proceeding. | 3392 |
| (ii) Upon receipt of a request for an award of legal fees, | 3393 |
| court costs, and expenses and the requisite supportive | 3394 |
| documentation described in division (E)(2)(a)(i) of this section, | 3395 |
| the attorney general shall review the request and documentation; | 3396 |
| determine whether any of the limitations specified in division | 3397 |
| (E)(2)(b) of this section apply to the request; and, if an award | 3398 |
| of legal fees, court costs, or expenses is permissible after | 3399 |
| applying the limitations, prepare a document awarding legal fees, | 3400 |
| court costs, or expenses to the private legal counsel. The | 3401 |
| document shall name the private legal counsel as the recipient of | 3402 |
| the award; specify the total amount of the award as determined by | 3403 |
| the attorney general; itemize the portions of the award that | 3404 |
| represent legal fees, court costs, and expenses; specify any | 3405 |
| limitation applied pursuant to division (E)(2)(b) of this section | 3406 |
| to reduce the amount of the award sought by the private legal | 3407 |
| counsel; state that the award is payable from the state treasury | 3408 |
| pursuant to division (E)(2)(a)(iii) of this section; and be | 3409 |
| approved by the inclusion of the signatures of the attorney | 3410 |
| general, the state public defender, and the private legal counsel. | 3411 |
| (iii) The attorney general shall forward a copy of the | 3412 |
| document prepared pursuant to division (E)(2)(a)(ii) of this | 3413 |
| section to the director of budget and management. The award of | 3414 |
| legal fees, court costs, or expenses shall be paid out of the | 3415 |
| state public defender's appropriations, to the extent there is a | 3416 |
| sufficient available balance in those appropriations. If the state | 3417 |
| public defender does not have a sufficient available balance in | 3418 |
| the state public defender's appropriations to pay the entire award | 3419 |
| of legal fees, court costs, or expenses, the director shall make | 3420 |
| application for a transfer of appropriations out of the emergency | 3421 |
| purposes account or any other appropriation for emergencies or | 3422 |
| contingencies in an amount equal to the portion of the award that | 3423 |
| exceeds the sufficient available balance in the state public | 3424 |
| defender's appropriations. A transfer of appropriations out of the | 3425 |
| emergency purposes account or any other appropriation for | 3426 |
| emergencies or contingencies shall be authorized if there are | 3427 |
| sufficient moneys greater than the sum total of then pending | 3428 |
| emergency purposes account requests, or requests for releases from | 3429 |
| the other appropriation. If a transfer of appropriations out of | 3430 |
| the emergency purposes account or other appropriation for | 3431 |
| emergencies or contingencies is made to pay an amount equal to the | 3432 |
| portion of the award that exceeds the sufficient available balance | 3433 |
| in the state public defender's appropriations, the director shall | 3434 |
| cause the payment to be made to the private legal counsel. If | 3435 |
| sufficient moneys do not exist in the emergency purposes account | 3436 |
| or other appropriation for emergencies or contingencies to pay an | 3437 |
| amount equal to the portion of the award that exceeds the | 3438 |
| sufficient available balance in the state public defender's | 3439 |
| appropriations, the private legal counsel shall request the | 3440 |
| general assembly to make an appropriation sufficient to pay an | 3441 |
| amount equal to the portion of the award that exceeds the | 3442 |
| sufficient available balance in the state public defender's | 3443 |
| appropriations, and no payment in that amount shall be made until | 3444 |
| the appropriation has been made. The private legal counsel shall | 3445 |
| make the request during the current biennium and during each | 3446 |
| succeeding biennium until a sufficient appropriation is made. | 3447 |
| (b) An award of legal fees, court costs, and expenses | 3448 |
| pursuant to division (E) of this section is subject to the | 3449 |
| following limitations: | 3450 |
| (i) The maximum award or maximum aggregate of a series of | 3451 |
| awards of legal fees, court costs, and expenses to the private | 3452 |
| legal counsel in connection with the defense of the Ohio public | 3453 |
| defender commission, the state public defender, an assistant state | 3454 |
| public defender, an employee, or an attorney in a specified civil | 3455 |
| action or proceeding shall not exceed fifty thousand dollars. | 3456 |
| (ii) The private legal counsel shall not be awarded legal | 3457 |
| fees, court costs, or expenses to the extent the fees, costs, or | 3458 |
| expenses are covered by a policy of malpractice or other | 3459 |
| insurance. | 3460 |
| (iii) The private legal counsel shall be awarded legal fees | 3461 |
| and expenses only to the extent that the fees and expenses are | 3462 |
| reasonable in light of the legal services rendered by the private | 3463 |
| legal counsel in connection with the defense of the Ohio public | 3464 |
| defender commission, the state public defender, an assistant state | 3465 |
| public defender, an employee, or an attorney in a specified civil | 3466 |
| action or proceeding. | 3467 |
| (c) If, pursuant to division (E)(2)(a) of this section, the | 3468 |
| attorney general denies a request for an award of legal fees, | 3469 |
| court costs, or expenses to private legal counsel because of the | 3470 |
| application of a limitation specified in division (E)(2)(b) of | 3471 |
| this section, the attorney general shall notify the private legal | 3472 |
| counsel in writing of the denial and of the limitation applied. | 3473 |
| (d) If, pursuant to division (E)(2)(c) of this section, a | 3474 |
| private legal counsel receives a denial of an award notification | 3475 |
| or if a private legal counsel refuses to approve a document under | 3476 |
| division (E)(2)(a)(ii) of this section because of the proposed | 3477 |
| application of a limitation specified in division (E)(2)(b) of | 3478 |
| this section, the private legal counsel may commence a civil | 3479 |
| action against the attorney general in the court of claims to | 3480 |
| prove the private legal counsel's entitlement to the award sought, | 3481 |
| to prove that division (E)(2)(b) of this section does not prohibit | 3482 |
| or otherwise limit the award sought, and to recover a judgment for | 3483 |
| the amount of the award sought. A civil action under division | 3484 |
| (E)(2)(d) of this section shall be commenced no later than two | 3485 |
| years after receipt of a denial of award notification or, if the | 3486 |
| private legal counsel refused to approve a document under division | 3487 |
| (E)(2)(a)(ii) of this section because of the proposed application | 3488 |
| of a limitation specified in division (E)(2)(b) of this section, | 3489 |
| no later than two years after the refusal. Any judgment of the | 3490 |
| court of claims in favor of the private legal counsel shall be | 3491 |
| paid from the state treasury in accordance with division (E)(2)(a) | 3492 |
| of this section. | 3493 |
| (F) If a court appoints the office of the state public | 3494 |
| defender to represent a petitioner in a postconviction relief | 3495 |
| proceeding under section 2953.21 of the Revised Code, the | 3496 |
| petitioner has received a sentence of death, and the proceeding | 3497 |
| relates to that sentence, all of the attorneys who represent the | 3498 |
| petitioner in the proceeding pursuant to the appointment, whether | 3499 |
| an assistant state public defender, the state public defender, or | 3500 |
| another attorney, shall be certified under Rule 20 of the Rules of | 3501 |
| Superintendence for the Courts of Ohio to represent indigent | 3502 |
| defendants charged with or convicted of an offense for which the | 3503 |
| death penalty can be or has been imposed. | 3504 |
| (G) As used in this section: | 3505 |
| (1) "Community control sanction" has the same meaning as in | 3506 |
| section 2929.01 of the Revised Code. | 3507 |
| (2) "Post-release control sanction" has the same meaning as | 3508 |
| in section 2967.01 of the Revised Code. | 3509 |
| Sec. 120.07. There is hereby created in the state treasury | 3510 |
| the civil case filing fee fund to receive all funds deposited in | 3511 |
| the fund pursuant to sections 1901.26, 1907.24, and 2303.201 of | 3512 |
| the Revised Code. All money credited to the fund shall be used by | 3513 |
| the state public defender for the purpose of appointing assistant | 3514 |
| state public defenders and for providing other personnel, | 3515 |
| equipment, and facilities necessary for the operation of the state | 3516 |
| public defender office. | 3517 |
| Sec. 120.13. (A) The county commissioners in any county may | 3518 |
| establish a county public defender commission. The commission | 3519 |
| shall have five members, three of whom shall be appointed by the | 3520 |
| board of county commissioners, and two by the judge, or the | 3521 |
| presiding judge if there is one, of the court of common pleas of | 3522 |
| the county. At least one member appointed by each of these | 3523 |
| appointing bodies shall be an attorney admitted to the practice of | 3524 |
| law in this state. | 3525 |
| (B) The board of county commissioners shall select a specific | 3526 |
| day for the county public defender commission to be established | 3527 |
| and on which all members' appointments shall take effect, and | 3528 |
| shall notify the Ohio public defender commission of the date. | 3529 |
| (C) Of the initial appointments made to the county public | 3530 |
| defender commission, two appointments by the county commissioners | 3531 |
| and one appointment by the court shall be for a term of two years | 3532 |
| ending two years after the date the commission is established, and | 3533 |
| one appointment by each of the appointing bodies shall be for a | 3534 |
| term ending four years after the date the commission is | 3535 |
| established. Thereafter, terms of office shall be for four years, | 3536 |
| each term ending on the same day of the same month of the year as | 3537 |
| did the term which it succeeds. Each member shall hold office from | 3538 |
| the date of | 3539 |
| the member was appointed. Any member appointed to fill a vacancy | 3540 |
| occurring prior to the expiration of the term for which
| 3541 |
| member's predecessor was appointed shall hold office for the | 3542 |
| remainder of such term. Any member shall continue in office | 3543 |
| subsequent to
the expiration date of | 3544 |
| 3545 | |
| elapsed, whichever occurs first. | 3546 |
| (D) The members of the commission shall choose as | 3547 |
| chairperson one of the commission members, who shall serve as | 3548 |
| 3549 | |
| least quarterly and at such
other times as called by the | 3550 |
| chairperson or by request of the county public defender. Members | 3551 |
| of the commission may receive an amount fixed by the county | 3552 |
| commissioners, but not in excess of the amounts set for the | 3553 |
| members of the Ohio public defender commission pursuant to section | 3554 |
| 124.14 of the Revised Code per diem for every meeting of the board | 3555 |
| they attend, and necessary expenses including mileage for each | 3556 |
| mile necessarily traveled. | 3557 |
| (E) The county commissioners may terminate the county public | 3558 |
| defender commission at any time if at least ninety days prior to | 3559 |
| termination, the commissioners notify the Ohio public defender | 3560 |
| commission in writing of the termination date. Upon the | 3561 |
| termination date all pending county public defender matters shall | 3562 |
| be transferred to the state public defender, a joint county public | 3563 |
| defender, or appointed counsel. | 3564 |
| (F) | 3565 |
| matters assumed by the state public defender shall be charged to | 3566 |
| the counties in accordance with division (D) of section 120.06 of | 3567 |
| the Revised Code. | 3568 |
| Sec. 120.23. (A) The boards of county commissioners in two | 3569 |
| or more adjoining or neighboring counties may form themselves into | 3570 |
| a joint board and proceed to organize a district for the | 3571 |
| establishment of a joint county public defender commission. The | 3572 |
| commission shall have three members from each county, who shall be | 3573 |
| appointed by the board of county commissioners of the county. | 3574 |
| (B) The boards shall agree on a specific date for the joint | 3575 |
| county public defender commission to be established, on which date | 3576 |
| the appointments of all members shall take effect. The joint board | 3577 |
| shall notify the Ohio public defender commission of the date. | 3578 |
| (C) Of the initial appointments made by each county to the | 3579 |
| joint county public defender commission, one appointment shall be | 3580 |
| for a term of one year ending one year after the date the | 3581 |
| commission is established, one appointment shall be for a term of | 3582 |
| two years ending two years after the date the commission is | 3583 |
| established, and one appointment shall be for a period of three | 3584 |
| years, ending three years after the date the commission is | 3585 |
| established. Thereafter, terms of office shall be for three years, | 3586 |
| each term ending on the same day of the same month of the year as | 3587 |
| did the term which it succeeds. Each member shall hold office from | 3588 |
| the date of | 3589 |
| the member was appointed. Any member appointed to fill a vacancy | 3590 |
| occurring prior to the expiration of the term for which
| 3591 |
| member's predecessor was appointed shall hold office for the | 3592 |
| remainder of the term. Any member shall continue in office | 3593 |
| subsequent to
the expiration date of | 3594 |
| 3595 | |
| elapsed, whichever occurs first. | 3596 |
| (D) The members of the commission shall choose as | 3597 |
| chairperson one of the commission members, who shall serve as | 3598 |
| 3599 | |
| least quarterly and at such
other times as called by the | 3600 |
| chairperson or by request of the joint county public defender. | 3601 |
| Members of the commission may receive an amount fixed by the | 3602 |
| agreement of the boards of commissioners of the counties in the | 3603 |
| district, but not in excess of the amount set for the members of | 3604 |
| the Ohio public defender commission pursuant to section 124.14 of | 3605 |
| the Revised Code per diem for every meeting of the commission they | 3606 |
| attend, and necessary expenses including mileage for each mile | 3607 |
| necessarily traveled. | 3608 |
| (E) The agreement of the boards of county commissioners | 3609 |
| establishing the joint county public defender commission shall | 3610 |
| provide for the allocation of the proportion of expenses to be | 3611 |
| paid by each county, which may be based upon population, number of | 3612 |
| cases, or such other factors as the commissioners determine to be | 3613 |
| appropriate. The county commissioners may amend their agreement | 3614 |
| from time to time to provide for a different allocation of the | 3615 |
| proportion of expenses to be paid by each county. | 3616 |
| (F) The county auditor of the county | 3617 |
| population is hereby designated as the fiscal officer of a joint | 3618 |
| county public defender district organized under this section. The | 3619 |
| county auditors of the several counties composing the joint county | 3620 |
| public defender commission district shall meet at the commission | 3621 |
| office not less than once in each six months, to adjust accounts | 3622 |
| and to transact such other duties in connection with the | 3623 |
| commission as pertain to the business of their office. | 3624 |
| (G) Each member of the board of county commissioners who | 3625 |
| meets by appointment to consider the organization of a joint | 3626 |
| county public defender commission shall, upon presentation of | 3627 |
|
properly certified accounts, be paid | 3628 |
|
expenses upon
a warrant drawn by the county auditor of | 3629 |
| member's county. | 3630 |
| (H) The board of county commissioners of any county within a | 3631 |
| joint county public defender commission district may withdraw from | 3632 |
| the district. Such withdrawal shall not be effective until at | 3633 |
| least ninety days after the board has notified the Ohio public | 3634 |
| defender commission, the joint county public defender commission | 3635 |
| of the district, and each board of county commissioners in the | 3636 |
| district, in writing of the termination date. The failure of a | 3637 |
| board of county commissioners to approve an annual operating | 3638 |
| budget for the office of the joint county public defender as | 3639 |
| provided in division (C)(1) of section 120.24 of the Revised Code | 3640 |
| constitutes a notice of withdrawal by the county from the | 3641 |
| district, effective on the ninetieth day after commencement of the | 3642 |
| next fiscal year. Upon the termination date, all joint county | 3643 |
| public defender matters relating to the withdrawing county shall | 3644 |
| be transferred to the state public defender, a county public | 3645 |
| defender, or appointed counsel. | 3646 |
| (I) | 3647 |
| matters assumed by the state public defender shall be charged to | 3648 |
| the counties in accordance with division (D) of section 120.06 of | 3649 |
| the Revised Code. | 3650 |
| Members of the joint county public defender commission who | 3651 |
| are residents of a county withdrawing from such district are | 3652 |
| deemed to have resigned their positions upon the completion of the | 3653 |
| withdrawal procedure provided by this section. Vacancies thus | 3654 |
| created shall not be filled. | 3655 |
| If two or more counties remain within the district after the | 3656 |
| withdrawal, the boards of county commissioners of the remaining | 3657 |
| adjoining or neighboring counties may agree to continue the | 3658 |
| operation of the joint county public defender commission and to | 3659 |
| reallocate the proportionate share of expenses to be paid by each | 3660 |
| participating county. | 3661 |
| Sec. 120.36. (A) If a person who is a defendant in a criminal | 3662 |
| case or a party in a case in juvenile court requests or is | 3663 |
| provided a state public defender, a county or joint county public | 3664 |
| defender, or any other counsel appointed by the court, the court | 3665 |
| in which the criminal case is initially filed or the juvenile | 3666 |
| court, whichever is applicable, shall assess, unless the | 3667 |
| application fee is waived or reduced, a non-refundable application | 3668 |
| fee of twenty-five dollars. | 3669 |
| The court shall direct the person to pay the application fee | 3670 |
| to the clerk of court. The person shall pay the application fee at | 3671 |
| the time the person files an affidavit of indigency or a financial | 3672 |
| disclosure form with the court or within seven days of that date. | 3673 |
| If the person does not pay the application fee within that | 3674 |
| seven-day period, the court shall assess the application fee at | 3675 |
| sentencing or at the final disposition of the case. | 3676 |
| If a case involving a felony that was initially filed in a | 3677 |
| municipal court or a county court is bound over to the court of | 3678 |
| common pleas and the defendant in the case failed to pay the | 3679 |
| application fee in the municipal court or county court, the court | 3680 |
| of common pleas shall assess the application fee at the initial | 3681 |
| appearance of the defendant in the court of common pleas. If a | 3682 |
| case involving an alleged delinquent child is transferred to the | 3683 |
| court of common pleas for prosecution of the involved child as an | 3684 |
| adult and if the involved child failed to pay the fee in the | 3685 |
| juvenile court, the court of common pleas shall assess the | 3686 |
| application fee at the initial appearance of the child in the | 3687 |
| court of common pleas. | 3688 |
| The court shall assess an application fee pursuant to this | 3689 |
| section one time per case. An appeal shall not be considered a | 3690 |
| separate case for the purpose of assessing the application fee. | 3691 |
| The court may waive or reduce the fee upon a finding that the | 3692 |
| person lacks financial resources that are sufficient to pay the | 3693 |
| fee or that payment of the fee would result in an undue hardship. | 3694 |
| (B) No court, state public defender, county or joint county | 3695 |
| public defender, or other counsel appointed by the court shall | 3696 |
| deny a person the assistance of counsel solely due to the person's | 3697 |
| failure to pay the application fee assessed pursuant to division | 3698 |
| (A) of this section. A person's present inability, failure, or | 3699 |
| refusal to pay the application fee shall not disqualify that | 3700 |
| person from legal representation. | 3701 |
| (C) The application fee assessed pursuant to division (A) of | 3702 |
| this section is separate from and in addition to any other amount | 3703 |
| assessed against a person who is found to be able to contribute | 3704 |
| toward the cost of the person's legal representation pursuant to | 3705 |
| division (D) of section 2941.51 of the Revised Code. | 3706 |
| (D) The clerk of the court that assessed the fees shall | 3707 |
| forward all application fees collected pursuant to this section to | 3708 |
| the county treasurer for deposit in the county treasury. The | 3709 |
| county shall retain eighty per cent of the application fees so | 3710 |
| collected to offset the costs of providing legal representation to | 3711 |
| indigent persons. Each month, the county auditor shall remit | 3712 |
| twenty per cent of the application fees so collected to the state | 3713 |
| public defender. The state public defender shall deposit the | 3714 |
| remitted fees into the state treasury to the credit of the client | 3715 |
| payment fund created pursuant to division (B)(5) of section 120.04 | 3716 |
| of the Revised Code. The state public defender may use that money | 3717 |
| in accordance with that section. | 3718 |
| (E) On or before the first day of March of each year | 3719 |
| beginning in the year 2007, each clerk of court shall provide to | 3720 |
| the state public defender and the state auditor a report including | 3721 |
| all of the following: | 3722 |
| (1) The number of persons in the previous calendar year who | 3723 |
| requested or were provided a state public defender, county or | 3724 |
| joint county public defender, or other counsel appointed by the | 3725 |
| court; | 3726 |
| (2) The number of persons in the previous calendar year for | 3727 |
| whom the court waived the application fee pursuant to division (A) | 3728 |
| of this section; | 3729 |
| (3) The dollar value of the assessed application fees | 3730 |
| pursuant to division (A) of this section in the previous calendar | 3731 |
| year; | 3732 |
| (4) The amount of assessed application fees collected in the | 3733 |
| previous calendar year; | 3734 |
| (5) The balance of unpaid assessed application fees at the | 3735 |
| open and close of the previous calendar year. | 3736 |
| (F) As used in this section: | 3737 |
| (1) "Clerk of court" means the clerk of the court of common | 3738 |
| pleas of the county, the clerk of the juvenile court of the | 3739 |
| county, the clerk of a municipal court in the county, the clerk of | 3740 |
| a county-operated municipal court, or the clerk of a county court | 3741 |
| in the county, whichever is applicable. | 3742 |
| (2) "County-operated municipal court" has the same meaning as | 3743 |
| in section 1901.03 of the Revised Code. | 3744 |
| Sec. 120.52. There is hereby established in the state | 3745 |
| treasury the legal aid fund, which shall be for the charitable | 3746 |
| public purpose of providing financial assistance to legal aid | 3747 |
| societies that provide civil legal services to indigents. The fund | 3748 |
| shall contain all funds credited to it by the treasurer of state | 3749 |
| pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09 | 3750 |
| and 4705.10 of the Revised Code and income from investment | 3751 |
| credited to it by the treasurer of state in accordance with this | 3752 |
| section. | 3753 |
| The treasurer of state may invest moneys contained in the | 3754 |
| legal aid fund in any manner authorized by the Revised Code for | 3755 |
| the investment of state moneys. However, no such investment shall | 3756 |
| interfere with any apportionment, allocation, or payment of moneys | 3757 |
| in January and July of each calendar year, as required by section | 3758 |
| 120.53 of the Revised Code. All income earned as a result of any | 3759 |
| such investment shall be credited to the fund. | 3760 |
| The state public defender, through the Ohio legal assistance | 3761 |
| foundation, shall administer the payment of moneys out of the | 3762 |
| fund. Four and one-half per cent of the moneys in the fund shall | 3763 |
| be reserved for the actual, reasonable costs of administering | 3764 |
| sections 120.51 to 120.55 and sections 1901.26, 1907.24, 2303.201, | 3765 |
| 3953.231, 4705.09, and 4705.10 of the Revised Code. Moneys that | 3766 |
| are reserved for administrative costs but that are not used for | 3767 |
| actual, reasonable administrative costs shall be set aside for use | 3768 |
| in the manner described in division (A) of section 120.521 of the | 3769 |
| Revised Code. The remainder of the moneys in the legal aid fund | 3770 |
| shall be distributed in accordance with section 120.53 of the | 3771 |
| Revised Code. The Ohio legal assistance foundation shall | 3772 |
| establish, in accordance with Chapter 119. of the Revised Code, | 3773 |
| rules governing the administration of the legal aid fund, | 3774 |
| including the | 3775 |
| 1907.24, 2303.201, 4705.09, and 4705.10 of the Revised Code | 3776 |
| regarding interest on interest-bearing trust accounts of an | 3777 |
| attorney, law firm, or legal professional association. | 3778 |
| Sec. 120.53. (A) A legal aid society that operates within | 3779 |
| the state may apply to the Ohio legal assistance foundation for | 3780 |
| financial assistance from the legal aid fund established by | 3781 |
| section 120.52 of the Revised Code to be used for the funding of | 3782 |
| the society during the calendar year following the calendar year | 3783 |
| in which application is made. | 3784 |
| (B) An application for financial assistance made under | 3785 |
| division (A) of this section shall be submitted by the first day | 3786 |
| of November of the calendar year preceding the calendar year for | 3787 |
| which financial assistance is desired and shall include all of the | 3788 |
| following: | 3789 |
| (1) Evidence that the applicant is incorporated in this state | 3790 |
| as a nonprofit corporation; | 3791 |
| (2) A list of the trustees of the applicant; | 3792 |
| (3) The proposed budget of the applicant for these funds for | 3793 |
| the following calendar year; | 3794 |
| (4) A summary of the services to be offered by the applicant | 3795 |
| in the following calendar year; | 3796 |
| (5) A specific description of the territory or constituency | 3797 |
| served by the applicant; | 3798 |
| (6) An estimate of the number of persons to be served by the | 3799 |
| applicant during the following calendar year; | 3800 |
| (7) A general description of the additional sources of the | 3801 |
| applicant's funding; | 3802 |
| (8) The amount of the applicant's total budget for the | 3803 |
| calendar year in which the application is filed that it will | 3804 |
| expend in that calendar year for legal services in each of the | 3805 |
| counties it serves; | 3806 |
| (9) A specific description of any services, programs, | 3807 |
| training, and legal technical assistance to be delivered by the | 3808 |
| applicant or by another person pursuant to a contract with the | 3809 |
| applicant, including, but not limited to, by private attorneys or | 3810 |
| through reduced fee plans, judicare panels, organized pro bono | 3811 |
| programs, and mediation programs. | 3812 |
| (C) The Ohio legal assistance foundation shall determine | 3813 |
| whether each applicant that filed an application for financial | 3814 |
| assistance under division (A) of this section in a calendar year | 3815 |
| is eligible for financial assistance under this section. To be | 3816 |
| eligible for such financial assistance, an applicant shall satisfy | 3817 |
| the criteria for being a legal aid society and shall be in | 3818 |
| compliance with the provisions of sections 120.51 to 120.55 of the | 3819 |
| Revised Code and with the rules and requirements the foundation | 3820 |
| establishes pursuant to section 120.52 of the Revised Code. The | 3821 |
| Ohio legal assistance foundation then, on or before the fifteenth | 3822 |
| day of December of the calendar year in which the application is | 3823 |
| filed, shall notify each such applicant, in writing, whether it is | 3824 |
| eligible for financial assistance under this section, and if it is | 3825 |
| eligible, estimate the amount that will be available for that | 3826 |
| applicant for each six-month distribution period, as determined | 3827 |
| under division (D) of this section. | 3828 |
| (D) The Ohio legal assistance foundation shall allocate | 3829 |
| moneys contained in the legal aid fund twice each year for | 3830 |
| distribution to applicants that filed their applications in the | 3831 |
| previous calendar year and were determined to be eligible | 3832 |
| applicants. | 3833 |
| All moneys contained in the fund on the first day of January | 3834 |
| of a calendar year shall be allocated, after deduction of the | 3835 |
| costs of administering sections 120.51 to 120.55 and sections | 3836 |
| 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the | 3837 |
| Revised Code that are authorized by section 120.52 of the Revised | 3838 |
| Code, according to this section and shall be distributed | 3839 |
| accordingly on the thirty-first day of January of that calendar | 3840 |
| year, and all moneys contained in the fund on the first day of | 3841 |
| July of that calendar year shall be allocated, after deduction of | 3842 |
| the costs of administering those sections that are authorized by | 3843 |
| section 120.52 of the Revised Code, according to this section and | 3844 |
| shall be distributed accordingly on the thirty-first day of July | 3845 |
| of that calendar year. In making the allocations under this | 3846 |
| section, the moneys in the fund that were generated pursuant to | 3847 |
| sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and | 3848 |
| 4705.10 of the Revised Code and all income generated from the | 3849 |
| investment of such moneys shall be apportioned as follows: | 3850 |
| (1) After deduction of the amount authorized and used for | 3851 |
| actual, reasonable administrative costs under section 120.52 of | 3852 |
| the Revised Code: | 3853 |
| (a) Five per cent of the moneys remaining in the fund | 3854 |
| 3855 | |
| 3856 | |
| shall be reserved for use in the manner described in division (A) | 3857 |
| of section 120.521 of the Revised Code or for distribution to | 3858 |
| legal aid societies that provide assistance to special population | 3859 |
| groups of their eligible clients, engage in special projects that | 3860 |
| have a substantial impact on their local service area or on | 3861 |
| significant segments of the state's poverty population, or provide | 3862 |
| legal training or support to other legal aid societies in the | 3863 |
| state; | 3864 |
| (b) After deduction of the amount described in division | 3865 |
| (D)(1)(a) of this section, one and three-quarters per cent of the | 3866 |
| moneys remaining in the fund shall be apportioned among entities | 3867 |
| that received financial assistance from the legal aid fund prior | 3868 |
| to the effective date of this amendment but that, on and after the | 3869 |
| effective date of this amendment, no longer qualify as a legal aid | 3870 |
| society that is eligible for financial assistance under this | 3871 |
| section. | 3872 |
| (c) After deduction of the amounts described in divisions | 3873 |
| (D)(1)(a) and (b) of this section, fifteen per cent of the moneys | 3874 |
| remaining in the fund shall be placed in the legal assistance | 3875 |
| foundation fund for use in the manner described in division (A) of | 3876 |
| section 120.521 of the Revised Code. | 3877 |
| (2) After deduction of the actual, reasonable administrative | 3878 |
| costs under section 120.52 of the Revised Code and after deduction | 3879 |
| of the amounts identified in | 3880 |
| (b), and (c) of this section, the remaining moneys shall be | 3881 |
| apportioned among the counties that are served by eligible legal | 3882 |
| aid societies that have applied for financial assistance under | 3883 |
| this section so that each such county is apportioned a portion of | 3884 |
| those moneys, based upon the ratio of the number of indigents who | 3885 |
| reside in that county to the total number of indigents who reside | 3886 |
| in all counties of this state that are served by eligible legal | 3887 |
| aid societies that have applied for financial assistance under | 3888 |
| this section. Subject to division (E) of this section, the moneys | 3889 |
| apportioned to a county under this division then shall be | 3890 |
| allocated to the eligible legal aid society that serves the county | 3891 |
| and that has applied for financial assistance under this section. | 3892 |
| For purposes of this division, the source of data identifying the | 3893 |
| number of indigent persons who reside in a county shall be the | 3894 |
| most recent decennial census figures from the United States | 3895 |
| department of commerce, division of census. | 3896 |
| (E) If the Ohio legal assistance foundation, in attempting to | 3897 |
| make an allocation of moneys under division (D)(2) of this | 3898 |
| section, determines that a county that has been apportioned money | 3899 |
| under that division is served by more than one eligible legal aid | 3900 |
| society that has applied for financial assistance under this | 3901 |
| section, the Ohio legal assistance foundation shall allocate the | 3902 |
| moneys that have been apportioned to that county under division | 3903 |
| (D)(2) of this section among all eligible legal aid societies that | 3904 |
| serve that county and that have applied for financial assistance | 3905 |
| under this section on a pro rata basis, so that each such eligible | 3906 |
| society is allocated a portion based upon the amount of its total | 3907 |
| budget expended in the prior calendar year for legal services in | 3908 |
| that county as compared to the total amount expended in the prior | 3909 |
| calendar year for legal services in that county by all eligible | 3910 |
| legal aid societies that serve that county and that have applied | 3911 |
| for financial assistance under this section. | 3912 |
| (F) Moneys allocated to eligible applicants under this | 3913 |
| section shall be paid twice annually, on the thirty-first day of | 3914 |
| January and on the thirty-first day of July of the calendar year | 3915 |
| following the calendar year in which the application is filed. | 3916 |
| (G)(1) A legal aid society that receives financial assistance | 3917 |
| in any calendar year under this section shall file an annual | 3918 |
| report with the Ohio legal assistance foundation detailing the | 3919 |
| number and types of cases handled, and the amount and types of | 3920 |
| legal training, legal technical assistance, and other service | 3921 |
| provided, by means of that financial assistance. No information | 3922 |
| contained in the report shall identify or enable the | 3923 |
| identification of any person served by the legal aid society or in | 3924 |
| any way breach client confidentiality. | 3925 |
| (2) The Ohio legal assistance foundation shall make an annual | 3926 |
| report to the governor, the general assembly, and the supreme | 3927 |
| court on the distribution and use of the legal aid fund. The | 3928 |
| foundation also shall include in the annual report an audited | 3929 |
| financial statement of all gifts, bequests, donations, | 3930 |
| contributions, and other moneys the foundation receives. No | 3931 |
| information contained in the report shall identify or enable the | 3932 |
| identification of any person served by a legal aid society, or in | 3933 |
| any way breach confidentiality. | 3934 |
| (H) A legal aid society may enter into agreements for the | 3935 |
| provision of services, programs, training, or legal technical | 3936 |
| assistance for the legal aid society or to indigent persons. | 3937 |
| Sec. 121.37. (A)(1) There is hereby created the Ohio family | 3938 |
| and children first cabinet council. The council shall be composed | 3939 |
| of the superintendent of public instruction and the directors of | 3940 |
| youth services, job and family services, mental health, health, | 3941 |
| alcohol and drug addiction services, mental retardation and | 3942 |
| developmental disabilities, and budget and management. The | 3943 |
| chairperson of the council shall be the governor or the governor's | 3944 |
| designee and shall establish procedures for the council's internal | 3945 |
| control and management. | 3946 |
| (2) The purpose of the cabinet council is to help families | 3947 |
| seeking government services. This section shall not be interpreted | 3948 |
| or applied to usurp the role of parents, but solely to streamline | 3949 |
| and coordinate existing government services for families seeking | 3950 |
| assistance for their children. | 3951 |
| In seeking to fulfill its purpose, the council may do any of | 3952 |
| the following: | 3953 |
| (a) Advise and make recommendations to the governor and | 3954 |
| general assembly regarding the provision of services to children; | 3955 |
| (b) Advise and assess local governments on the coordination | 3956 |
| of service delivery to children; | 3957 |
| (c) Hold meetings at such times and places as may be | 3958 |
| prescribed by the council's procedures and maintain records of the | 3959 |
| meetings, except that records identifying individual children are | 3960 |
| confidential and shall be disclosed only as provided by law; | 3961 |
| (d) Develop programs and projects, including pilot projects, | 3962 |
| to encourage coordinated efforts at the state and local level to | 3963 |
| improve the state's social service delivery system; | 3964 |
| (e) Enter into contracts with and administer grants to county | 3965 |
| family and children first councils, as well as other county or | 3966 |
| multicounty organizations to plan and coordinate service delivery | 3967 |
| between state agencies and local service providers for families | 3968 |
| and children; | 3969 |
| (f) Enter into contracts with and apply for grants from | 3970 |
| federal agencies or private organizations; | 3971 |
| (g) Enter into interagency agreements to encourage | 3972 |
| coordinated efforts at the state and local level to improve the | 3973 |
| state's social service delivery system. The agreements may include | 3974 |
| provisions regarding the receipt, transfer, and expenditure of | 3975 |
| funds; | 3976 |
| (h) Identify public and private funding sources for services | 3977 |
| provided to alleged or adjudicated unruly children and children | 3978 |
| who are at risk of being alleged or adjudicated unruly children, | 3979 |
| including regulations governing access to and use of the services; | 3980 |
| (i) Collect information provided by local communities | 3981 |
| regarding successful programs for prevention, intervention, and | 3982 |
| treatment of unruly behavior, including evaluations of the | 3983 |
| programs; | 3984 |
| (j) Identify and disseminate publications regarding alleged | 3985 |
| or adjudicated unruly children and children who are at risk of | 3986 |
| being alleged or adjudicated unruly children and regarding | 3987 |
| programs serving those types of children; | 3988 |
| (k) Maintain an inventory of strategic planning facilitators | 3989 |
| for use by government or nonprofit entities that serve alleged or | 3990 |
| adjudicated unruly children or children who are at risk of being | 3991 |
| alleged or adjudicated unruly children. | 3992 |
| (3) The cabinet council shall provide for the following: | 3993 |
| (a) Reviews of service and treatment plans for children for | 3994 |
| which such reviews are requested; | 3995 |
| (b) Assistance as the council determines to be necessary to | 3996 |
| meet the needs of children referred by county family and children | 3997 |
| first councils; | 3998 |
| (c) Monitoring and supervision of a statewide, comprehensive, | 3999 |
| coordinated, multi-disciplinary, interagency system for infants | 4000 |
| and toddlers with developmental disabilities or delays and their | 4001 |
| families, as established pursuant to federal grants received and | 4002 |
| administered by the department of health for early intervention | 4003 |
| services under the
" | 4004 |
| 4005 | |
| Disabilities Education Act of 2004," 20 U.S.C.A. 1400, as amended. | 4006 |
| (B)(1) Each board of county commissioners shall establish a | 4007 |
| county family and children first council. The board may invite any | 4008 |
| local public or private agency or group that funds, advocates, or | 4009 |
| provides services to children and families to have a | 4010 |
| representative become a permanent or temporary member of its | 4011 |
| county council. Each county council must include the following | 4012 |
| individuals: | 4013 |
| (a) At least three individuals who are not employed by an | 4014 |
| agency represented on the council and whose families are or have | 4015 |
| received services from an agency represented on the council or | 4016 |
| another county's council. Where possible, the number of members | 4017 |
| representing families shall be equal to twenty per cent of the | 4018 |
| council's membership. | 4019 |
| (b) The director of the board of alcohol, drug addiction, and | 4020 |
| mental health services that serves the county, or, in the case of | 4021 |
| a county that has a board of alcohol and drug addiction services | 4022 |
| and a community mental health board, the directors of both boards. | 4023 |
| If a board of alcohol, drug addiction, and mental health services | 4024 |
| covers more than one county, the director may designate a person | 4025 |
| to participate on the county's council. | 4026 |
| (c) The health commissioner, or the commissioner's designee, | 4027 |
| of the board of health of each city and general health district in | 4028 |
| the county. If the county has two or more health districts, the | 4029 |
| health commissioner membership may be limited to the commissioners | 4030 |
| of the two districts with the largest populations. | 4031 |
| (d) The director of the county department of job and family | 4032 |
| services; | 4033 |
| (e) The executive director of the
| 4034 |
| 4035 | |
| 4036 |
| (f) The superintendent of the county board of mental | 4037 |
| retardation and developmental disabilities; | 4038 |
| (g) The county's juvenile court judge senior in service or | 4039 |
| another judge of the juvenile court designated by the | 4040 |
| administrative judge or, where there is no administrative judge, | 4041 |
| by the judge senior in service; | 4042 |
| (h) The superintendent of the city, exempted village, or | 4043 |
| local school district with the largest number of pupils residing | 4044 |
| in the county, as determined by the department of education, which | 4045 |
| shall notify each board of county commissioners of its | 4046 |
| determination at least biennially; | 4047 |
| (i) A school superintendent representing all other school | 4048 |
| districts with territory in the county, as designated at a | 4049 |
| biennial meeting of the superintendents of those districts; | 4050 |
| (j) A representative of the municipal corporation with the | 4051 |
| largest population in the county; | 4052 |
| (k) The president of the board of county
commissioners | 4053 |
| individual designated by the board; | 4054 |
| (l) A representative of the regional office of the department | 4055 |
| of youth services; | 4056 |
| (m) A representative of the county's head start agencies, as | 4057 |
|
defined in section | 4058 |
| (n) A representative of the county's early intervention | 4059 |
| collaborative established pursuant to the federal early | 4060 |
| intervention program operated under the "Education of the | 4061 |
| Handicapped Act Amendments of 1986"; | 4062 |
| (o) A representative of a local nonprofit entity that funds, | 4063 |
| advocates, or provides services to children and families. | 4064 |
| Notwithstanding any other provision of law, the public | 4065 |
| members of a county council are not prohibited from serving on the | 4066 |
| council and making decisions regarding the duties of the council, | 4067 |
| including those involving the funding of joint projects and those | 4068 |
| outlined in the county's service coordination mechanism | 4069 |
| implemented pursuant to division (C) of this section. | 4070 |
| The cabinet council shall establish a state appeals process | 4071 |
| to resolve disputes among the members of a county council | 4072 |
| concerning whether reasonable responsibilities as members are | 4073 |
| being shared. The appeals process may be accessed only by a | 4074 |
| majority vote of the council members who are required to serve on | 4075 |
| the council. Upon appeal, the cabinet council may order that state | 4076 |
| funds for services to children and families be redirected to a | 4077 |
| county's board of county commissioners. | 4078 |
| (2) | 4079 |
| coordinate existing government services for families seeking | 4080 |
| services for their children. In seeking to fulfill its purpose, a | 4081 |
| county council shall provide for the following: | 4082 |
| (a) Referrals to the cabinet council of those children for | 4083 |
| whom the county council cannot provide adequate services; | 4084 |
| (b) Development and implementation of a process that annually | 4085 |
| evaluates and prioritizes services, fills service gaps where | 4086 |
| possible, and invents new approaches to achieve better results for | 4087 |
| families and children; | 4088 |
| (c) Participation in the development of a countywide, | 4089 |
| comprehensive, coordinated, multi-disciplinary, interagency system | 4090 |
| for infants and toddlers with developmental disabilities or delays | 4091 |
| and their families, as established pursuant to federal grants | 4092 |
| received and administered by the department of health for early | 4093 |
| intervention services under the "Education of the Handicapped Act | 4094 |
| Amendments of 1986"; | 4095 |
| (d) Maintenance of an accountability system to monitor the | 4096 |
| county council's progress in achieving results for families and | 4097 |
| children; | 4098 |
| (e) Establishment of a mechanism to ensure ongoing input from | 4099 |
| a broad representation of families who are receiving services | 4100 |
| within the county system. | 4101 |
| (3)(a) Except as provided in division (B)(3)(b) of this | 4102 |
| section, a county council shall comply with the policies, | 4103 |
| procedures, and activities prescribed by the rules or interagency | 4104 |
| agreements of a state department participating on the cabinet | 4105 |
| council whenever the county council performs a function subject to | 4106 |
| those rules or agreements. | 4107 |
| (b) On application of a county council, the cabinet council | 4108 |
| may grant an exemption from any rules or interagency agreements of | 4109 |
| a state department participating on the council if an exemption is | 4110 |
| necessary for the council to implement an alternative program or | 4111 |
| approach for service delivery to families and children. The | 4112 |
| application shall describe the proposed program or approach and | 4113 |
| specify the rules or interagency agreements from which an | 4114 |
| exemption is necessary. The cabinet council shall approve or | 4115 |
| disapprove the application in accordance with standards and | 4116 |
| procedures it shall adopt. If an application is approved, the | 4117 |
| exemption is effective only while the program or approach is being | 4118 |
| implemented, including a reasonable period during which the | 4119 |
| program or approach is being evaluated for effectiveness. | 4120 |
| (4)(a) Each county council shall designate an administrative | 4121 |
| agent for the council from among the following public entities: | 4122 |
| the board of alcohol, drug addiction, and mental health services, | 4123 |
| including a board of alcohol and drug addiction or a community | 4124 |
| mental health board if the county is served by separate boards; | 4125 |
| the board of county commissioners; any board of health of the | 4126 |
| county's city and general health districts; the county department | 4127 |
| of job and family services; the county agency responsible for the | 4128 |
| administration of children services pursuant to section 5153.15 of | 4129 |
| the Revised Code; the county board of mental retardation and | 4130 |
| developmental disabilities; any of the county's boards of | 4131 |
| education or governing boards of educational service centers; or | 4132 |
| the county's juvenile court. Any of the foregoing public entities, | 4133 |
| other than the board of county commissioners, may decline to serve | 4134 |
| as the council's administrative agent. | 4135 |
| A county council's administrative agent shall serve as the | 4136 |
| council's appointing authority for any employees of the council. | 4137 |
| The council shall file an annual budget with its administrative | 4138 |
| agent, with copies filed with the county auditor and with the | 4139 |
| board of county commissioners, unless the board is serving as the | 4140 |
| council's administrative agent. The council's administrative agent | 4141 |
| shall ensure that all expenditures are handled in accordance with | 4142 |
| policies, procedures, and activities prescribed by state | 4143 |
| departments in rules or interagency agreements that are applicable | 4144 |
| to the council's functions. | 4145 |
| The administrative agent for a county council may do any of | 4146 |
| the following on behalf of the council: | 4147 |
| (i) Enter into agreements or administer contracts with public | 4148 |
| or private entities to fulfill specific council business. Such | 4149 |
| agreements and contracts are exempt from the competitive bidding | 4150 |
| requirements of section 307.86 of the Revised Code if they have | 4151 |
| been approved by the county council and they are for the purchase | 4152 |
| of family and child welfare or child protection services or other | 4153 |
| social or job and family services for families and children. The | 4154 |
| approval of the county council is not required to exempt | 4155 |
| agreements or contracts entered into under section 5139.34, | 4156 |
| 5139.41, or 5139.43 of the Revised Code from the competitive | 4157 |
| bidding requirements of section 307.86 of the Revised Code. | 4158 |
| (ii) As determined by the council, provide financial | 4159 |
| stipends, reimbursements, or both, to family representatives for | 4160 |
| expenses related to council activity; | 4161 |
| (iii) Receive by gift, grant, devise, or bequest any moneys, | 4162 |
| lands, or other property for the purposes for which the council is | 4163 |
| established. The agent shall hold, apply, and dispose of the | 4164 |
| moneys, lands, or other property according to the terms of the | 4165 |
| gift, grant, devise, or bequest. Any interest or earnings shall be | 4166 |
| treated in the same manner and are subject to the same terms as | 4167 |
| the gift, grant, devise, or bequest from which it accrues. | 4168 |
| (b)(i) If the county council designates the board of county | 4169 |
| commissioners as its administrative agent, the board may, by | 4170 |
| resolution, delegate any of its powers and duties as | 4171 |
| administrative agent to an executive committee the board | 4172 |
| establishes from the membership of the county council. The board | 4173 |
| shall name to the executive committee at least the individuals | 4174 |
|
described in divisions (B)(1) | 4175 |
| section and may appoint the president of the board or another | 4176 |
| individual as the chair of the executive committee. The executive | 4177 |
| committee must include at least one family county council | 4178 |
| representative who does not have a family member employed by an | 4179 |
| agency represented on the council. | 4180 |
| (ii) The executive committee may, with the approval of the | 4181 |
| board, hire an executive director to assist the county council in | 4182 |
| administering its powers and duties. The executive director shall | 4183 |
| serve in the unclassified civil service at the pleasure of the | 4184 |
| executive committee. The executive director may, with the approval | 4185 |
| of the executive committee, hire other employees as necessary to | 4186 |
| properly conduct the county council's business. | 4187 |
| (iii) The board may require the executive committee to submit | 4188 |
| an annual budget to the board for approval and may amend or repeal | 4189 |
| the resolution that delegated to the executive committee its | 4190 |
| authority as the county council's administrative agent. | 4191 |
| (5) Two or more county councils may enter into an agreement | 4192 |
| to administer their county councils jointly by creating a regional | 4193 |
| family and children first council. A regional council possesses | 4194 |
| the same duties and authority possessed by a county council, | 4195 |
| except that the duties and authority apply regionally rather than | 4196 |
| to individual counties. Prior to entering into an agreement to | 4197 |
| create a regional council, the members of each county council to | 4198 |
| be part of the regional council shall meet to determine whether | 4199 |
| all or part of the members of each county council will serve as | 4200 |
| members of the regional council. | 4201 |
| (6) A board of county commissioners may approve a resolution | 4202 |
| by a majority vote of the board's members that requires the county | 4203 |
| council to submit a statement to the board each time the council | 4204 |
| proposes to enter into an agreement, adopt a plan, or make a | 4205 |
| decision, other than a decision pursuant to section 121.38 of the | 4206 |
| Revised Code, that requires the expenditure of funds for two or | 4207 |
| more families. The statement shall describe the proposed | 4208 |
| agreement, plan, or decision. | 4209 |
| Not later than fifteen days after the board receives the | 4210 |
| statement, it shall, by resolution approved by a majority of its | 4211 |
| members, approve or disapprove the agreement, plan, or decision. | 4212 |
| Failure of the board to pass a resolution during that time period | 4213 |
| shall be considered approval of the agreement, plan, or decision. | 4214 |
| An agreement, plan, or decision for which a statement is | 4215 |
| required to be submitted to the board shall be implemented only if | 4216 |
| it is approved by the board. | 4217 |
| (C) Each county shall develop a county service coordination | 4218 |
| mechanism. The county service coordination mechanism shall serve | 4219 |
| as the guiding document for coordination of services in the | 4220 |
| county. For children who also receive services under the help me | 4221 |
| grow program, the service coordination mechanism shall be | 4222 |
| consistent with rules adopted by the department of health under | 4223 |
| section 3701.61 of the Revised Code. All family service | 4224 |
| coordination plans shall be developed in accordance with the | 4225 |
| county service coordination mechanism. The mechanism shall be | 4226 |
| developed and approved with the participation of the county | 4227 |
| entities representing child welfare; mental retardation and | 4228 |
| developmental disabilities; alcohol, drug addiction, and mental | 4229 |
| health services; health; juvenile judges; education; the county | 4230 |
| family and children first council; and the county early | 4231 |
| intervention collaborative established pursuant to the federal | 4232 |
| early intervention program operated under the "Education of the | 4233 |
| Handicapped Act Amendments of 1986." The county shall establish an | 4234 |
| implementation schedule for the mechanism. The cabinet council may | 4235 |
| monitor the implementation and administration of each county's | 4236 |
| service coordination mechanism. | 4237 |
| Each mechanism shall include all of the following: | 4238 |
| (1) A procedure for | 4239 |
| 4240 | |
| 4241 | |
| 4242 | |
| 4243 | |
| voluntarily seeking service coordination, to refer the child and | 4244 |
| family to the county council for service coordination in | 4245 |
| accordance with the county service coordination mechanism; | 4246 |
| (2) A procedure ensuring that a family and all appropriate | 4247 |
| staff from involved agencies, including a representative from the | 4248 |
| appropriate school district, are notified of and invited to | 4249 |
| participate in all family service coordination plan meetings; | 4250 |
| (3) A procedure that permits a family to initiate a meeting | 4251 |
| to develop or review the family's service coordination plan and | 4252 |
| allows the family to invite a family advocate, mentor, or support | 4253 |
| person of the family's choice to participate in any such meeting; | 4254 |
| (4) A procedure for ensuring that a family service | 4255 |
| coordination plan meeting is conducted before a non-emergency | 4256 |
| out-of-home placement for all multi-need children, or within ten | 4257 |
| days of a placement for emergency placements of multi-need | 4258 |
| children. The family service coordination plan shall outline how | 4259 |
| the county council members will jointly pay for services, where | 4260 |
| applicable, and provide services in the least restrictive | 4261 |
| environment. | 4262 |
| (5) A procedure for monitoring the progress and tracking the | 4263 |
| outcomes of each service coordination plan requested in the county | 4264 |
| including monitoring and tracking children in out-of-home | 4265 |
| placements to assure continued progress, appropriateness of | 4266 |
| placement, and continuity of care after discharge from placement | 4267 |
| with appropriate arrangements for housing, treatment, and | 4268 |
| education. | 4269 |
| (6) A procedure for protecting the confidentiality of all | 4270 |
| personal family information disclosed during service coordination | 4271 |
| meetings or contained in the comprehensive family service | 4272 |
| coordination plan. | 4273 |
|
(7) A procedure for assessing the | 4274 |
| of | 4275 |
| council for service coordination, including a child | 4276 |
| 4277 | |
| 4278 | |
| parent or custodian is voluntarily seeking services, and for | 4279 |
| ensuring that parents and custodians are afforded the opportunity | 4280 |
| to participate; | 4281 |
| | 4282 |
| family service coordination plan described in division (D) of this | 4283 |
| section; | 4284 |
| | 4285 |
| process that must be used first to resolve disputes among the | 4286 |
| agencies represented on the county council concerning the | 4287 |
| provision of services to children, including children who are | 4288 |
| abused, neglected, dependent, unruly, alleged unruly, or | 4289 |
| delinquent children and under the jurisdiction of the juvenile | 4290 |
| court and children whose parents or custodians are voluntarily | 4291 |
| seeking services. The local dispute resolution process shall | 4292 |
|
comply
with section
121.38 of the Revised Code. | 4293 |
| dispute resolution process shall be used to resolve disputes | 4294 |
| between a child's parents or custodians and the county council | 4295 |
| regarding service coordination. The county council shall inform | 4296 |
| the parents or custodians of their right to use the dispute | 4297 |
| resolution process. Parents or custodians shall use existing local | 4298 |
| agency grievance procedures to address disputes not involving | 4299 |
| service coordination. The dispute resolution process is in | 4300 |
| addition to and does not replace other rights or procedures that | 4301 |
| parents or custodians may have under other sections of the Revised | 4302 |
| Code. | 4303 |
| The cabinet council shall adopt rules in accordance with | 4304 |
| Chapter 119. of the Revised Code establishing an administrative | 4305 |
| review process to address problems that arise concerning the | 4306 |
| operation of a local dispute resolution process. | 4307 |
| Nothing in division (C)(4) of this section shall be | 4308 |
| interpreted as overriding or affecting decisions of a juvenile | 4309 |
| court regarding an out-of-home placement, long-term placement, or | 4310 |
| emergency out-of-home placement. | 4311 |
| (D)
Each county shall develop a comprehensive | 4312 |
| service coordination
plan
that does | 4313 |
| (1) Designates service responsibilities among the various | 4314 |
| state and local agencies that provide services to children and | 4315 |
| their families, including children who are abused, neglected, | 4316 |
| dependent, unruly, or delinquent children and under the | 4317 |
| jurisdiction of the juvenile court and children whose parents or | 4318 |
| custodians are voluntarily seeking services; | 4319 |
| (2) Designates an individual, approved by the family, to | 4320 |
| track the progress of the family service coordination plan, | 4321 |
| schedule reviews as necessary, and facilitate the family service | 4322 |
| coordination plan meeting process; | 4323 |
| (3) Ensures that assistance and services to be provided are | 4324 |
| responsive to the strengths and needs of the family, as well as | 4325 |
| the family's culture, race, and ethnic group, by allowing the | 4326 |
| family to offer information and suggestions and participate in | 4327 |
| decisions. Identified assistance and services shall be provided in | 4328 |
| the least restrictive environment possible. | 4329 |
|
(4) Includes a | 4330 |
|
a child
who is alleged to be an unruly child. The | 4331 |
| 4332 | |
| from the juvenile court system; | 4333 |
| (5) Includes timelines for completion of goals specified in | 4334 |
| the plan with regular reviews scheduled to monitor progress toward | 4335 |
| those goals; | 4336 |
| (6) Includes a plan for dealing with short-term crisis | 4337 |
| situations and safety concerns. | 4338 |
| (E)(1) The | 4339 |
|
division
(D) | 4340 |
| to, the following: | 4341 |
| (a) | 4342 |
| 4343 | |
| 4344 |
| | 4345 |
| assessment of the child and the child's family as described in | 4346 |
|
division
| 4347 |
| instrument or instruments to be used to conduct the assessment; | 4348 |
| | 4349 |
| 4350 |
| | 4351 |
| child and the parental responsibilities of the parents, guardian, | 4352 |
| or custodian of the child; | 4353 |
| | 4354 |
| officials. | 4355 |
| (2) The method to divert a child from the juvenile court | 4356 |
| system that must be included in the service coordination process | 4357 |
| may include, but is not limited to, the following: | 4358 |
| (a) The preparation of a complaint under section 2151.27 of | 4359 |
| the Revised Code alleging that the child is an unruly child and | 4360 |
| notifying the child and the parents, guardian, or custodian that | 4361 |
| the complaint has been prepared to encourage the child and the | 4362 |
| parents, guardian, or custodian to comply with other methods to | 4363 |
| divert the child from the juvenile court system; | 4364 |
| (b) Conducting a meeting with the child, the parents, | 4365 |
| guardian, or custodian, and other interested parties to determine | 4366 |
| the appropriate methods to divert the child from the juvenile | 4367 |
| court system; | 4368 |
| (c) | 4369 |
| 4370 | |
| 4371 |
| | 4372 |
| short-term respite from a short-term crisis situation involving a | 4373 |
| confrontation between the child and the parents, guardian, or | 4374 |
| custodian; | 4375 |
| | 4376 |
| parents, guardian, or custodian; | 4377 |
| | 4378 |
| parents, guardian, or custodian; | 4379 |
| | 4380 |
| truant from school, repeatedly disruptive in school, or suspended | 4381 |
| or expelled from school; | 4382 |
| | 4383 |
| to, any alternative methods to divert a child from the juvenile | 4384 |
| court system that are identified by the Ohio family and children | 4385 |
| first cabinet council. | 4386 |
| (F) Each county may review and revise the service | 4387 |
|
coordination process described in division (D) | 4388 |
| based on the availability of funds under Title IV-A of the "Social | 4389 |
| Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended, | 4390 |
| or to the extent resources are available from any other federal, | 4391 |
| state, or local funds. | 4392 |
| Sec. 121.373. There is hereby created in the state treasury | 4393 |
| the family and children first administration fund. The fund shall | 4394 |
| consist of money that the director of budget and management | 4395 |
| transfers from one or more funds of one or more agencies | 4396 |
| represented on the Ohio family and children first cabinet council. | 4397 |
| The director may transfer only money that state or federal law | 4398 |
| permits to be used for the cabinet council's administrative costs. | 4399 |
| Money in the fund shall be used to pay the cabinet council's | 4400 |
| administrative costs. | 4401 |
| Sec. 121.38. (A) An agency represented on a county family | 4402 |
| and children first council that disagrees with the council's | 4403 |
| decision concerning the services or funding for services a child | 4404 |
| is to receive from agencies represented on the council may | 4405 |
| initiate the local dispute resolution process established in the | 4406 |
| county service coordination mechanism applicable to the council. | 4407 |
| On completion of the process, the decision maker designated in the | 4408 |
| mechanism shall issue a written determination that directs one or | 4409 |
| more agencies represented on the council to provide services or | 4410 |
| funding for services to the child. The determination shall include | 4411 |
| a plan of care governing the manner in which the services or | 4412 |
| funding are to be provided. The decision maker shall base the plan | 4413 |
| of care on
the | 4414 |
| plan developed as part of the county's service coordination | 4415 |
| mechanism and on evidence presented during the local dispute | 4416 |
| resolution process. The decision maker may require an agency to | 4417 |
| provide services or funding only if the child's condition or needs | 4418 |
| qualify the child for services under the laws governing the | 4419 |
| agency. | 4420 |
| (B) An agency subject to a determination issued pursuant to a | 4421 |
| local dispute resolution process shall immediately comply with the | 4422 |
| determination, unless the agency objects to the determination by | 4423 |
| doing one of the following not later than seven days after the | 4424 |
| date the written determination is issued: | 4425 |
| (1) If the child has been alleged or adjudicated to be an | 4426 |
| abused, neglected, dependent, unruly, or delinquent child or a | 4427 |
| juvenile traffic offender, filing in the juvenile court of the | 4428 |
| county having jurisdiction over the child's case a motion | 4429 |
| requesting that the court hold a hearing to determine which | 4430 |
| agencies are to provide services or funding for services to the | 4431 |
| child. | 4432 |
| (2) If the child is not a child described in division (B)(1) | 4433 |
| of this section, filing in the juvenile court of the county served | 4434 |
| by the county council a complaint objecting to the determination. | 4435 |
| The court shall hold a hearing as soon as possible, but not | 4436 |
| later than ninety days after the motion or complaint is filed. At | 4437 |
| least five days before the date on which the court hearing is to | 4438 |
| be held, the court shall send each agency subject to the | 4439 |
| determination written notice by first class mail of the date, | 4440 |
| time, place, and purpose of the court hearing. In the case of a | 4441 |
| motion filed under division (B)(1) of this section, the court may | 4442 |
| conduct the hearing as part of the adjudicatory or dispositional | 4443 |
| hearing concerning the child, if appropriate, and shall provide | 4444 |
| notice as required for those hearings. | 4445 |
| Except in cases in which the hearing is conducted as part of | 4446 |
| the adjudicatory or dispositional hearing, a hearing held pursuant | 4447 |
| to this division shall be limited to a determination of which | 4448 |
| agencies are to provide services or funding for services to the | 4449 |
| child. At the conclusion of the hearing, the court shall issue an | 4450 |
| order directing one or more agencies represented on the county | 4451 |
| council to provide services or funding for services to the child. | 4452 |
| The order shall include a plan of care governing the manner in | 4453 |
| which the services or funding are to be provided. The court shall | 4454 |
|
base the plan of care on the | 4455 |
| coordination plan developed as part of the county's service | 4456 |
| coordination plan and on evidence presented during the hearing. An | 4457 |
| agency required by the order to provide services or funding shall | 4458 |
| be a party to any juvenile court proceeding concerning the child. | 4459 |
| The court may require an agency to provide services or funding for | 4460 |
| a child only if the child's condition or needs qualify the child | 4461 |
| for services under the laws governing the agency. | 4462 |
| (C) While the local dispute resolution process or court | 4463 |
| proceedings pursuant to this section are pending, each agency | 4464 |
| shall provide services and funding as required by the decision | 4465 |
| made by the county council before dispute resolution was | 4466 |
| initiated. If an agency that provides services or funds during the | 4467 |
| local dispute resolution process or court proceedings is | 4468 |
| determined through the process or proceedings not to be | 4469 |
| responsible for providing them, it shall be reimbursed for the | 4470 |
| costs of providing the services or funding by the agencies | 4471 |
| determined to be responsible for providing them. | 4472 |
| Sec. 121.381. A parent or custodian who disagrees with a | 4473 |
| decision rendered by a county family and children first council | 4474 |
| regarding services for a child may initiate the dispute resolution | 4475 |
| process established in the county service coordination mechanism | 4476 |
| pursuant to division (C)(10) of section 121.37 of the Revised | 4477 |
| Code. | 4478 |
| Not later than sixty days after the parent or custodian | 4479 |
| initiates the dispute resolution process, the council shall make | 4480 |
| findings regarding the dispute and issue a written determination | 4481 |
| of its findings. | 4482 |
| Sec. 121.382. Each agency represented on a county family and | 4483 |
| children first council that is providing services or funding for | 4484 |
| services that are the subject of the dispute resolution process | 4485 |
| initiated by a parent or custodian under section 121.381 of the | 4486 |
| Revised Code shall continue to provide those services and the | 4487 |
| funding for those services during the dispute resolution process. | 4488 |
| Sec. 121.403. (A) The Ohio community service council may do | 4489 |
| any of the following: | 4490 |
| (1) Accept monetary gifts or donations; | 4491 |
| (2) Sponsor conferences, meetings, or events in furtherance | 4492 |
| of the council's purpose described in section 121.40 of the | 4493 |
| Revised Code and charge fees for participation or involvement in | 4494 |
| the conferences, meetings, or events; | 4495 |
| (3) Sell promotional items in furtherance of the council's | 4496 |
| purpose described in section 121.40 of the Revised Code. | 4497 |
| (B) All monetary gifts and donations, funds from the sale of | 4498 |
| promotional items, and any fees paid to the council for | 4499 |
| conferences, meetings, or events sponsored by the council shall be | 4500 |
| deposited into the Ohio community service council gifts and | 4501 |
| donations fund, which is hereby created in the state treasury. | 4502 |
| Moneys in the fund may be used only as follows: | 4503 |
| (1) To pay operating expenses of the council, including | 4504 |
| payroll, personal services, maintenance, equipment, and subsidy | 4505 |
| payments; | 4506 |
| (2) To support council programs promoting volunteerism and | 4507 |
| community service in the state; | 4508 |
| (3) As matching funds for federal grants. | 4509 |
| Sec. 122.011. (A) The department of development shall | 4510 |
| develop and promote plans and programs designed to assure that | 4511 |
| state resources are efficiently used, economic growth is properly | 4512 |
| balanced, community growth is developed in an orderly manner, and | 4513 |
| local governments are coordinated with each other and the state, | 4514 |
| and for such purposes may do all of the following: | 4515 |
| (1) Serve as a clearinghouse for information, data, and other | 4516 |
| materials that may be helpful or necessary to persons or local | 4517 |
| governments, as provided in section 122.07 of the Revised Code; | 4518 |
| (2) Prepare and activate plans for the retention, | 4519 |
| development, expansion, and use of the resources and commerce of | 4520 |
| the state, as provided in section 122.04 of the Revised Code; | 4521 |
| (3) Assist and cooperate with federal, state, and local | 4522 |
| governments and agencies of federal, state, and local governments | 4523 |
| in the coordination of programs to carry out the functions and | 4524 |
| duties of the department; | 4525 |
| (4) Encourage and foster research and development activities, | 4526 |
| conduct studies related to the solution of community problems, and | 4527 |
| develop recommendations for administrative or legislative actions, | 4528 |
| as provided in section 122.03 of the Revised Code; | 4529 |
| (5) Serve as the economic and community development planning | 4530 |
| agency, which shall prepare and recommend plans and programs for | 4531 |
| the orderly growth and development of this state and which shall | 4532 |
| provide planning assistance, as provided in section 122.06 of the | 4533 |
| Revised Code; | 4534 |
| (6) Cooperate with and provide technical assistance to state | 4535 |
| departments, political subdivisions, regional and local planning | 4536 |
| commissions, tourist associations, councils of government, | 4537 |
| community development groups, community action agencies, and other | 4538 |
| appropriate organizations for carrying out the functions and | 4539 |
| duties of the department or for the solution of community | 4540 |
| problems; | 4541 |
| (7) Coordinate the activities of state agencies that have an | 4542 |
| impact on carrying out the functions and duties of the department; | 4543 |
| (8) Encourage and assist the efforts of and cooperate with | 4544 |
| local governments to develop mutual and cooperative solutions to | 4545 |
| their common problems that relate to carrying out the purposes of | 4546 |
| this section; | 4547 |
| (9) Study existing structure, operations, and financing of | 4548 |
| regional or local government and those state activities that | 4549 |
| involve significant relations with regional or local governmental | 4550 |
| units, recommend to the governor and to the general assembly such | 4551 |
| changes in these provisions and activities as will improve the | 4552 |
| operations of regional or local government, and conduct other | 4553 |
| studies of legal provisions that affect problems related to | 4554 |
| carrying out the purposes of this section; | 4555 |
| (10) Create and operate a division of community development | 4556 |
| to develop and administer programs and activities that are | 4557 |
| authorized by federal statute or the Revised Code; | 4558 |
| (11) Until October 15, | 4559 |
| in consultation with the director of agriculture, for purchasing | 4560 |
| loans from financial institutions and providing loan guarantees | 4561 |
| under the family farm loan program created under sections 901.80 | 4562 |
| to 901.83 of the Revised Code; | 4563 |
| (12) Provide loan servicing for the loans purchased and loan | 4564 |
| guarantees provided under section 901.80 of the Revised Code as | 4565 |
|
that section
existed prior to October 15, | 4566 |
| (13) Until October 15, | 4567 |
| controlling board under division (A)(3) of section 901.82 of the | 4568 |
| Revised Code of the release of money to be used for purchasing a | 4569 |
| loan or providing a loan guarantee, request the release of that | 4570 |
| money in accordance with division (B) of section 166.03 of the | 4571 |
| Revised Code for use for the purposes of the fund created by | 4572 |
| section 166.031 of the Revised Code. | 4573 |
| (B) The director of development may request the attorney | 4574 |
| general to, and the attorney general, in accordance with section | 4575 |
| 109.02 of the Revised Code, shall bring a civil action in any | 4576 |
| court of competent jurisdiction. The director may be sued in the | 4577 |
| director's official capacity, in connection with this chapter, in | 4578 |
| accordance with Chapter 2743. of the Revised Code. | 4579 |
| Sec. 122.075. (A) As used in this section: | 4580 |
| (1) "Alternative fuel" means blended biodiesel or blended | 4581 |
| gasoline. | 4582 |
| (2) "Biodiesel" means a mono-alkyl ester combustible liquid | 4583 |
| fuel that is derived from vegetable oils or animal fats, or any | 4584 |
| combination of those reagents, and that meets American society for | 4585 |
| testing and materials specification D6751-03a for biodiesel fuel | 4586 |
| (B100) blend stock distillate fuels. | 4587 |
| (3) "Diesel fuel" and "gasoline" have the same meanings as in | 4588 |
| section 5735.01 of the Revised Code. | 4589 |
| (4) "Ethanol" has the same meaning as in section 5733.46 of | 4590 |
| the Revised Code. | 4591 |
| (5) "Blended biodiesel" means diesel fuel containing at least | 4592 |
| twenty per cent biodiesel by volume. | 4593 |
| (6) "Blended gasoline" means gasoline containing at least | 4594 |
| eighty-five per cent ethanol by volume. | 4595 |
| (7) "Incremental cost" means either of the following: | 4596 |
| (a) The difference in cost between blended gasoline and | 4597 |
| gasoline containing ten per cent or less ethanol at the time that | 4598 |
| the blended gasoline is purchased; | 4599 |
| (b) The difference in cost between blended biodiesel and | 4600 |
| diesel fuel containing two per cent or less biodiesel at the time | 4601 |
| that the blended biodiesel is purchased. | 4602 |
| (B) For the purpose of improving the air quality in this | 4603 |
| state, the director of development shall establish an alternative | 4604 |
| fuel transportation grant program under which the director may | 4605 |
| make grants to businesses, nonprofit organizations, public school | 4606 |
| systems, or local governments for the purchase and installation of | 4607 |
| alternative fuel refueling facilities and for the purchase and use | 4608 |
| of alternative fuel. | 4609 |
| (C) The director shall adopt rules in accordance with Chapter | 4610 |
| 119. of the Revised Code that are necessary for the administration | 4611 |
| of the alternative fuel transportation grant program. The rules | 4612 |
| shall establish at least all of the following: | 4613 |
| (1) An application form and procedures governing the | 4614 |
| application process for a grant under the program; | 4615 |
| (2) A procedure for prioritizing the award of grants under | 4616 |
| the program; | 4617 |
| (3) A requirement that the maximum grant for the purchase and | 4618 |
| installation of an alternative fuel refueling facility be no more | 4619 |
| than fifty per cent of the cost of the facility; | 4620 |
| (4) A requirement that the maximum grant for the purchase of | 4621 |
| alternative fuel be no more than fifty per cent of the incremental | 4622 |
| cost of the fuel; | 4623 |
| (5) Any other criteria, procedures, or guidelines that the | 4624 |
| director determines are necessary to administer the program. | 4625 |
| (D) There is hereby created in the state treasury the | 4626 |
| alternative fuel transportation grant fund. The fund shall consist | 4627 |
| of money as may be specified by the general assembly from the | 4628 |
| energy efficiency revolving loan fund created by section 4928.61 | 4629 |
| of the Revised Code. Money in the fund shall be used to make | 4630 |
| grants under the alternative fuel transportation grant program and | 4631 |
| by the director in the administration of that program. | 4632 |
| Sec. 122.083. (A) The director of development shall | 4633 |
| administer a shovel ready sites program to provide grants for | 4634 |
| projects to port authorities and development entities approved by | 4635 |
| the director. Grants may be used to pay the costs of any or all of | 4636 |
| the following: | 4637 |
| (1) Acquisition of property, including options; | 4638 |
| (2) Preparation of sites, including brownfield clean-up | 4639 |
| activities; | 4640 |
| (3) Construction of road, water, telecommunication, and | 4641 |
| utility infrastructure; | 4642 |
| (4) Payment of professional fees the amount of which shall | 4643 |
| not exceed twenty per cent of the grant amount for a project. | 4644 |
| (B) The director shall adopt rules in accordance with Chapter | 4645 |
| 119. of the Revised Code that establish procedures and | 4646 |
| requirements necessary for the administration of the program, | 4647 |
| including a requirement that a recipient of a grant enter into an | 4648 |
| agreement with the director governing the use of the grant. | 4649 |
| (C) There is hereby created in the state treasury the shovel | 4650 |
| ready sites fund consisting of money appropriated to it. Money in | 4651 |
| the fund shall be used solely for the purposes of this section. | 4652 |
| Sec. 122.17. (A) As used in this section: | 4653 |
| (1) "Full-time employee" means an individual who is employed | 4654 |
| for consideration for at least thirty-five hours a week, or who | 4655 |
| renders any other standard of service generally accepted by custom | 4656 |
| or specified by contract as full-time employment. | 4657 |
| (2) "New employee" means one of the following: | 4658 |
| (a) A full-time employee first employed by a taxpayer in the | 4659 |
| project that is the subject of the agreement after the taxpayer | 4660 |
| enters into a tax credit agreement with the tax credit authority | 4661 |
| under this section; | 4662 |
| (b) A full-time employee first employed by a taxpayer in the | 4663 |
| project that is the subject of the tax credit after the tax credit | 4664 |
| authority approves a project for a tax credit under this section | 4665 |
| in a public meeting, as long as the taxpayer enters into the tax | 4666 |
| credit agreement prepared by the department of development after | 4667 |
| such meeting within sixty days after receiving the agreement from | 4668 |
| the department. If the taxpayer fails to enter into the agreement | 4669 |
| within sixty days, "new employee" has the same meaning as under | 4670 |
| division (A)(2)(a) of this section. | 4671 |
| Under division (A)(2)(a) or (b) of this section, if the tax | 4672 |
| credit authority determines it appropriate, "new employee" also | 4673 |
| may include an employee re-hired or called back from lay-off to | 4674 |
| work in a new facility or on a new product or service established | 4675 |
| or produced by the taxpayer after entering into the agreement | 4676 |
| under this section or after the tax credit authority approves the | 4677 |
| tax credit in a public meeting. Except as otherwise provided in | 4678 |
| this paragraph, "new employee" does not include any employee of | 4679 |
| the taxpayer who was previously employed in this state by a | 4680 |
| related member of the taxpayer and whose employment was shifted to | 4681 |
| the taxpayer after the taxpayer entered into the tax credit | 4682 |
| agreement or after the tax credit authority approved the credit in | 4683 |
| a public meeting, or any employee of the taxpayer for which the | 4684 |
| taxpayer has been granted a certificate under division (B) of | 4685 |
| section 5709.66 of the Revised Code. However, if the taxpayer is | 4686 |
| engaged in the enrichment and commercialization of uranium or | 4687 |
| uranium products or is engaged in research and development | 4688 |
| activities related thereto and if the tax credit authority | 4689 |
| determines it appropriate, "new employee" may include an employee | 4690 |
| of the taxpayer who was previously employed in this state by a | 4691 |
| related member of the taxpayer and whose employment was shifted to | 4692 |
| the taxpayer after the taxpayer entered into the tax credit | 4693 |
| agreement or after the tax credit authority approved the credit in | 4694 |
| a public meeting. "New employee" does not include an employee of | 4695 |
| the taxpayer who is employed in an employment position that was | 4696 |
| relocated to a project from other operations of the taxpayer in | 4697 |
| this state or from operations of a related member of the taxpayer | 4698 |
| in this state. In addition, "new employee" does not include a | 4699 |
| child, grandchild, parent, or spouse, other than a spouse who is | 4700 |
| legally separated from the individual, of any individual who is an | 4701 |
| employee of the taxpayer and who has a direct or indirect | 4702 |
| ownership interest of at least five per cent in the profits, | 4703 |
| capital, or value of the taxpayer. Such ownership interest shall | 4704 |
| be determined in accordance with section 1563 of the Internal | 4705 |
| Revenue Code and regulations prescribed thereunder. | 4706 |
| (3) "New income tax revenue" means the total amount withheld | 4707 |
| under section 5747.06 of the Revised Code by the taxpayer during | 4708 |
| the taxable year, or during the calendar year that includes the | 4709 |
| tax period, from the compensation of new employees for the tax | 4710 |
| levied under Chapter 5747. of the Revised Code. | 4711 |
| (4) "Related member" has the same meaning as under division | 4712 |
| (A)(6) of section 5733.042 of the Revised Code without regard to | 4713 |
| division (B) of that section. | 4714 |
| (B) The tax credit authority may make grants under this | 4715 |
| section to foster job creation in this state. Such a grant shall | 4716 |
| take the form of a refundable credit allowed against the tax | 4717 |
| imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied | 4718 |
| under Chapter 5751. of the Revised Code. The credit shall be | 4719 |
| claimed for the taxable years or tax periods specified in the | 4720 |
| taxpayer's agreement with the tax credit authority under division | 4721 |
|
(D) of this section. | 4722 |
| section 5733.06 or 5747.02 or Chapter 5751. of the Revised Code, | 4723 |
| the credit shall be claimed | 4724 |
| 4725 | |
| under section 5733.98, 5747.98, or 5751.98 of the Revised Code. | 4726 |
| The amount of the credit available for a taxable year or for a | 4727 |
| calendar year that includes a tax period equals the new income tax | 4728 |
| revenue for | 4729 |
| specified in the agreement with the tax credit authority. Any | 4730 |
| credit granted under this section against the tax imposed by | 4731 |
| section 5733.06 or 5747.02 of the Revised Code, to the extent not | 4732 |
| fully utilized against such tax for taxable years ending prior to | 4733 |
| 2008, shall automatically be converted without any action taken by | 4734 |
| the tax credit authority to a credit against the tax levied under | 4735 |
| Chapter 5751. of the Revised Code for tax periods beginning on or | 4736 |
| after July 1, 2008, provided that the person to whom the credit | 4737 |
| was granted is subject to such tax. The converted credit shall | 4738 |
| apply to those calendar years in which the remaining taxable years | 4739 |
| specified in the agreement end. | 4740 |
| (C) A taxpayer or potential taxpayer who proposes a project | 4741 |
| to create new jobs in this state may apply to the tax credit | 4742 |
| authority to enter into an agreement for a tax credit under this | 4743 |
| section. The director of development shall prescribe the form of | 4744 |
| the application. After receipt of an application, the authority | 4745 |
| may enter into an agreement with the taxpayer for a credit under | 4746 |
| this section if it determines all of the following: | 4747 |
| (1) The taxpayer's project will create new jobs in this | 4748 |
| state; | 4749 |
| (2) The taxpayer's project is economically sound and will | 4750 |
| benefit the people of this state by increasing opportunities for | 4751 |
| employment and strengthening the economy of this state; | 4752 |
| (3) Receiving the tax credit is a major factor in the | 4753 |
| taxpayer's decision to go forward with the project. | 4754 |
| (D) An agreement under this section shall include all of the | 4755 |
| following: | 4756 |
| (1) A detailed description of the project that is the subject | 4757 |
| of the agreement; | 4758 |
| (2) The term of the tax credit, which shall not exceed | 4759 |
| fifteen years, and the first taxable year, or first calendar year | 4760 |
| that includes a tax period, for which the credit may be claimed; | 4761 |
| (3) A requirement that the taxpayer shall maintain operations | 4762 |
| at the project location for at least twice the number of years as | 4763 |
| the term of the tax credit; | 4764 |
| (4) The percentage, as determined by the tax credit | 4765 |
| authority, of new income tax revenue that will be allowed as the | 4766 |
| amount of the credit for each taxable year or for each calendar | 4767 |
| year that includes a tax period; | 4768 |
| (5) A specific method for determining how many new employees | 4769 |
| are employed during a taxable year or during a calendar year that | 4770 |
| includes a tax period; | 4771 |
| (6) A requirement that the taxpayer annually shall report to | 4772 |
| the director of development the number of new employees, the new | 4773 |
| income tax revenue withheld in connection with the new employees, | 4774 |
| and any other information the director needs to perform the | 4775 |
| director's duties under this section; | 4776 |
| (7) A requirement that the director of development annually | 4777 |
| shall verify the amounts reported under division (D)(6) of this | 4778 |
| section, and after doing so shall issue a certificate to the | 4779 |
| taxpayer stating that the amounts have been verified; | 4780 |
| (8)(a) A provision requiring that the taxpayer, except as | 4781 |
| otherwise provided in division (D)(8)(b) of this section, shall | 4782 |
| not relocate employment positions from elsewhere in this state to | 4783 |
| the project site that is the subject of the agreement for the | 4784 |
| lesser of five years from the date the agreement is entered into | 4785 |
| or the number of years the taxpayer is entitled to claim the tax | 4786 |
| credit. | 4787 |
| (b) The taxpayer may relocate employment positions from | 4788 |
| elsewhere in this state to the project site that is the subject of | 4789 |
| the agreement if the director of development determines both of | 4790 |
| the following: | 4791 |
| (i) That the site from which the employment positions would | 4792 |
| be relocated is inadequate to meet market and industry conditions, | 4793 |
| expansion plans, consolidation plans, or other business | 4794 |
| considerations affecting the taxpayer; | 4795 |
| (ii) That the legislative authority of the county, township, | 4796 |
| or municipal corporation from which the employment positions would | 4797 |
| be relocated has been notified of the relocation. | 4798 |
| For purposes of this section, the movement of an employment | 4799 |
| position from one political subdivision to another political | 4800 |
| subdivision shall be considered a relocation of an employment | 4801 |
| position, but the transfer of an individual employee from one | 4802 |
| political subdivision to another political subdivision shall not | 4803 |
| be considered a relocation of an employment position as long as | 4804 |
| the individual's employment position in the first political | 4805 |
| subdivision is refilled. | 4806 |
| (E) If a taxpayer fails to meet or comply with any condition | 4807 |
| or requirement set forth in a tax credit agreement, the tax credit | 4808 |
| authority may amend the agreement to reduce the percentage or term | 4809 |
| of the tax credit. The reduction of the percentage or term shall | 4810 |
| take effect in the taxable year immediately following the taxable | 4811 |
| year in which the authority amends the agreement or in the first | 4812 |
| tax period beginning in the calendar year immediately following | 4813 |
| the calendar year in which the authority amends the agreement. If | 4814 |
| the taxpayer relocates employment positions in violation of the | 4815 |
| provision required under division (D)(8)(a) of this section, the | 4816 |
| taxpayer shall not claim the tax credit under section 5733.0610 of | 4817 |
| the Revised Code for any tax years following the calendar year in | 4818 |
| which the relocation occurs, or shall not claim the tax credit | 4819 |
| under section 5725.32, 5729.032, or 5747.058 of the Revised Code | 4820 |
| for the taxable year in which the relocation occurs and any | 4821 |
| subsequent taxable years, and shall not claim the tax credit under | 4822 |
| division (A) of section 5751.50 of the Revised Code for any tax | 4823 |
| period in the calendar year in which the relocation occurs and any | 4824 |
| subsequent tax periods. | 4825 |
| (F) Projects that consist solely of point-of-final-purchase | 4826 |
| retail facilities are not eligible for a tax credit under this | 4827 |
| section. If a project consists of both point-of-final-purchase | 4828 |
| retail facilities and nonretail facilities, only the portion of | 4829 |
| the project consisting of the nonretail facilities is eligible for | 4830 |
| a tax credit and only the new income tax revenue from new | 4831 |
| employees of the nonretail facilities shall be considered when | 4832 |
| computing the amount of the tax credit. If a warehouse facility is | 4833 |
| part of a point-of-final-purchase retail facility and supplies | 4834 |
| only that facility, the warehouse facility is not eligible for a | 4835 |
| tax credit. Catalog distribution centers are not considered | 4836 |
| point-of-final-purchase retail facilities for the purposes of this | 4837 |
| division, and are eligible for tax credits under this section. | 4838 |
| (G) Financial statements and other information submitted to | 4839 |
| the department of development or the tax credit authority by an | 4840 |
| applicant or recipient of a tax credit under this section, and any | 4841 |
| information taken for any purpose from such statements or | 4842 |
| information, are not public records subject to section 149.43 of | 4843 |
| the Revised Code. However, the chairperson of the authority may | 4844 |
| make use of the statements and other information for purposes of | 4845 |
| issuing public reports or in connection with court proceedings | 4846 |
| concerning tax credit agreements under this section. Upon the | 4847 |
| request of the tax commissioner or, if the applicant or recipient | 4848 |
| is an insurance company, upon the request of the superintendent of | 4849 |
| insurance, the chairperson of the authority shall provide to the | 4850 |
| commissioner or superintendent any statement or information | 4851 |
| submitted by an applicant or recipient of a tax credit in | 4852 |
| connection with the credit. The commissioner or superintendent | 4853 |
| shall preserve the confidentiality of the statement or | 4854 |
| information. | 4855 |
| (H) A taxpayer claiming a credit under this section shall | 4856 |
| submit to the tax commissioner or, if the taxpayer is an insurance | 4857 |
| company, to the superintendent of insurance, a copy of the | 4858 |
| director of development's certificate of verification under | 4859 |
| division (D)(7) of this section for the taxable year or for the | 4860 |
| calendar year that includes the tax period. However, failure to | 4861 |
| submit a copy of the certificate does not invalidate a claim for a | 4862 |
| credit. | 4863 |
| (I) The director of development, after consultation with the | 4864 |
| tax commissioner and the superintendent of insurance and in | 4865 |
| accordance with Chapter 119. of the Revised Code, shall adopt | 4866 |
| rules necessary to implement this section. The rules may provide | 4867 |
| for recipients of tax credits under this section to be charged | 4868 |
| fees to cover administrative costs of the tax credit program. At | 4869 |
| the time the director gives public notice under division (A) of | 4870 |
| section 119.03 of the Revised Code of the adoption of the rules, | 4871 |
| the director shall submit copies of the proposed rules to the | 4872 |
| chairpersons of the standing committees on economic development in | 4873 |
| the senate and the house of representatives. | 4874 |
| (J) For the purposes of this section, a taxpayer may include | 4875 |
| a partnership, a corporation that has made an election under | 4876 |
| subchapter S of chapter one of subtitle A of the Internal Revenue | 4877 |
| Code, or any other business entity through which income flows as a | 4878 |
| distributive share to its owners. A credit received under this | 4879 |
| section by a partnership, S-corporation, or other such business | 4880 |
| entity shall be apportioned among the persons to whom the income | 4881 |
| or profit of the partnership, S-corporation, or other entity is | 4882 |
| distributed, in the same proportions as those in which the income | 4883 |
| or profit is distributed. | 4884 |
| (K) If the director of development determines that a taxpayer | 4885 |
| who has received a credit under this section is not complying with | 4886 |
| the requirement under division (D)(3) of this section, the | 4887 |
| director shall notify the tax credit authority of the | 4888 |
| noncompliance. After receiving such a notice, and after giving the | 4889 |
| taxpayer an opportunity to explain the noncompliance, the tax | 4890 |
| credit authority may require the taxpayer to refund to this state | 4891 |
| a portion of the credit in accordance with the following: | 4892 |
| (1) If the taxpayer maintained operations at the project | 4893 |
| location for at least one and one-half times the number of years | 4894 |
| of the term of the tax credit, an amount not exceeding twenty-five | 4895 |
| per cent of the sum of any previously allowed credits under this | 4896 |
| section; | 4897 |
| (2) If the taxpayer maintained operations at the project | 4898 |
| location for at least the number of years of the term of the tax | 4899 |
| credit, an amount not exceeding fifty per cent of the sum of any | 4900 |
| previously allowed credits under this section; | 4901 |
| (3) If the taxpayer maintained operations at the project | 4902 |
| location for less than the number of years of the term of the tax | 4903 |
| credit, an amount not exceeding one hundred per cent of the sum of | 4904 |
| any previously allowed credits under this section. | 4905 |
| In determining the portion of the tax credit to be refunded | 4906 |
| to this state, the tax credit authority shall consider the effect | 4907 |
| of market conditions on the taxpayer's project and whether the | 4908 |
| taxpayer continues to maintain other operations in this state. | 4909 |
| After making the determination, the authority shall certify the | 4910 |
| amount to be refunded to the tax commissioner or superintendent of | 4911 |
| insurance, as appropriate. | 4912 |
| commissioner, the commissioner shall make an assessment for that | 4913 |
| amount against the taxpayer
under Chapter 5733. | 4914 |
| 5751. of the Revised Code. If the amount is certified to the | 4915 |
| superintendent, the superintendent shall make an assessment for | 4916 |
| that amount against the taxpayer under Chapter 5725. or 5729. of | 4917 |
| the Revised Code. The time limitations on assessments under | 4918 |
| 4919 | |
| apply to an assessment under this division, but the commissioner | 4920 |
| or superintendent, as appropriate, shall make the assessment | 4921 |
| within one year after the date the authority certifies to the | 4922 |
| commissioner or superintendent the amount to be refunded. | 4923 |
| (L) On or before the thirty-first day of March each year, the | 4924 |
| director of development shall submit a report to the governor, the | 4925 |
| president of the senate, and the speaker of the house of | 4926 |
| representatives on the tax credit program under this section. The | 4927 |
| report shall include information on the number of agreements that | 4928 |
| were entered into under this section during the preceding calendar | 4929 |
| year, a description of the project that is the subject of each | 4930 |
| such agreement, and an update on the status of projects under | 4931 |
| agreements entered into before the preceding calendar year. | 4932 |
| | 4933 |
| 4934 | |
| 4935 | |
| 4936 | |
| 4937 | |
| 4938 | |
| 4939 | |
| 4940 | |
| 4941 | |
| 4942 |
| (M) There is hereby created the tax credit authority, which | 4943 |
| consists of the director of development and four other members | 4944 |
| appointed as follows: the governor, the president of the senate, | 4945 |
| and the speaker of the house of representatives each shall appoint | 4946 |
| one member who shall be a specialist in economic development; the | 4947 |
| governor also shall appoint a member who is a specialist in | 4948 |
| taxation. Of the initial appointees, the members appointed by the | 4949 |
| governor shall serve a term of two years; the members appointed by | 4950 |
| the president of the senate and the speaker of the house of | 4951 |
| representatives shall serve a term of four years. Thereafter, | 4952 |
| terms of office shall be for four years. Initial appointments to | 4953 |
| the authority shall be made within thirty days after January 13, | 4954 |
| 1993. Each member shall serve on the authority until the end of | 4955 |
| the term for which the member was appointed. Vacancies shall be | 4956 |
| filled in the same manner provided for original appointments. Any | 4957 |
| member appointed to fill a vacancy occurring prior to the | 4958 |
| expiration of the term for which the member's predecessor was | 4959 |
| appointed shall hold office for the remainder of that term. | 4960 |
| Members may be reappointed to the authority. Members of the | 4961 |
| authority shall receive their necessary and actual expenses while | 4962 |
| engaged in the business of the authority. The director of | 4963 |
| development shall serve as chairperson of the authority, and the | 4964 |
| members annually shall elect a vice-chairperson from among | 4965 |
| themselves. Three members of the authority constitute a quorum to | 4966 |
| transact and vote on the business of the authority. The majority | 4967 |
| vote of the membership of the authority is necessary to approve | 4968 |
| any such business, including the election of the vice-chairperson. | 4969 |
| The director of development may appoint a professional | 4970 |
| employee of the department of development to serve as the | 4971 |
| director's substitute at a meeting of the authority. The director | 4972 |
| shall make the appointment in writing. In the absence of the | 4973 |
| director from a meeting of the authority, the appointed substitute | 4974 |
| shall serve as chairperson. In the absence of both the director | 4975 |
| and the director's substitute from a meeting, the vice-chairperson | 4976 |
| shall serve as chairperson. | 4977 |
| (N) For purposes of the credits granted by this section | 4978 |
| against the taxes imposed under sections 5725.18 and 5729.03 of | 4979 |
| the Revised Code, "taxable year" means the period covered by the | 4980 |
| taxpayer's annual statement to the superintendent of insurance. | 4981 |
| Sec. 122.171. (A) As used in this section: | 4982 |
| (1) "Capital investment project" means a plan of investment | 4983 |
| at a project site for the acquisition, construction, renovation, | 4984 |
| or repair of buildings, machinery, or equipment, or for | 4985 |
| capitalized costs of basic research and new product development | 4986 |
| determined in accordance with generally accepted accounting | 4987 |
| principles, but does not include any of the following: | 4988 |
| (a) Payments made for the acquisition of personal property | 4989 |
| through operating leases; | 4990 |
| (b) Project costs paid before January 1, 2002 | 4991 |
| 4992 |
| (c) Payments made to a related member as defined in section | 4993 |
| 5733.042 of the Revised Code or to an elected consolidated | 4994 |
| taxpayer or a combined taxpayer as defined in section 5751.01 of | 4995 |
| the Revised Code. | 4996 |
| (2) "Eligible business" means a business with Ohio operations | 4997 |
| satisfying all of the following: | 4998 |
| (a) Employed an average of at least one thousand employees in | 4999 |
| full-time employment positions at a project site during each of | 5000 |
| the twelve months preceding the application for a tax credit under | 5001 |
| this section; and | 5002 |
| (b) On or after January 1, 2002, has made payments for the | 5003 |
| capital investment project of either of the following: | 5004 |
| (i) At least two hundred million dollars in the aggregate at | 5005 |
| the project site during a period of three consecutive calendar | 5006 |
| years including the calendar year that includes a day of the | 5007 |
| taxpayer's taxable year or tax period with respect to which the | 5008 |
| credit is granted; | 5009 |
| (ii) If the average wage of all full-time employment | 5010 |
| positions at the project site is greater than four hundred per | 5011 |
| cent of the federal minimum wage, at least one hundred million | 5012 |
| dollars in the aggregate at the project site during a period of | 5013 |
| three consecutive calendar years including the calendar year that | 5014 |
| includes a day of the taxpayer's taxable year or tax period with | 5015 |
| respect to which the credit is granted. | 5016 |
| (c) Is engaged at the project site primarily as a | 5017 |
| manufacturer or is providing significant corporate administrative | 5018 |
| functions; | 5019 |
| (d) Has had a capital investment project reviewed and | 5020 |
| approved by the tax credit authority as provided in divisions (C), | 5021 |
| (D), and (E) of this section. | 5022 |
| (3) "Full-time employment position" means a position of | 5023 |
| employment for consideration for at least thirty-five hours a week | 5024 |
| that has been filled for at least one hundred eighty days | 5025 |
| immediately preceding the filing of an application under this | 5026 |
| section and for at least one hundred eighty days during each | 5027 |
| taxable year or each calendar year that includes a tax period with | 5028 |
| respect to which the credit is granted. | 5029 |
| (4) "Manufacturer" has the same meaning as in section | 5030 |
| 5739.011 of the Revised Code. | 5031 |
| (5) "Project site" means an integrated complex of facilities | 5032 |
| in this state, as specified by the tax credit authority under this | 5033 |
| section, within a fifteen-mile radius where a taxpayer is | 5034 |
| primarily operating as an eligible business. | 5035 |
| (6) "Applicable corporation" means a corporation satisfying | 5036 |
| all of the following: | 5037 |
| (a)(i) For the entire taxable year immediately preceding the | 5038 |
| tax year, the corporation develops software applications primarily | 5039 |
| to provide telecommunication billing and information services | 5040 |
| through outsourcing or licensing to domestic or international | 5041 |
| customers. | 5042 |
| (ii) Sales and licensing of software generated at least six | 5043 |
| hundred million dollars in revenue during the taxable year | 5044 |
| immediately preceding the tax year the corporation is first | 5045 |
| entitled to claim the credit provided under division (B) of this | 5046 |
| section. | 5047 |
| (b) For the entire taxable year immediately preceding the tax | 5048 |
| year, the corporation or one or more of its related members | 5049 |
| provides customer or employee care and technical support for | 5050 |
| clients through one or more contact centers within this state, and | 5051 |
| the corporation and its related members together have a daily | 5052 |
| average, based on a | 5053 |
| three-hundred-sixty-five-day year, of at least five hundred | 5054 |
| thousand successful customer contacts through one or more of their | 5055 |
| contact centers, wherever located. | 5056 |
| (c) The corporation is eligible for the credit under division | 5057 |
| (B) of this section for the tax year. | 5058 |
| (7) "Related member" has the same meaning as in section | 5059 |
| 5733.042 of the Revised Code as that section existed on the | 5060 |
| effective date of its amendment by Am. Sub. H.B. 215 of the 122nd | 5061 |
| general assembly, September 29, 1997. | 5062 |
| (8) "Successful customer contact" means a contact with an end | 5063 |
| user via telephone, including interactive voice recognition or | 5064 |
| similar means, where the contact culminates in a conversation or | 5065 |
| connection other than a busy signal or equipment busy. | 5066 |
| (9) "Telecommunications" means all forms of | 5067 |
| telecommunications service as defined in section 5739.01 of the | 5068 |
| Revised Code, and includes services in wireless, wireline, cable, | 5069 |
| broadband, internet protocol, and satellite. | 5070 |
| (10)(a) "Applicable difference" means the difference between | 5071 |
| the tax for the tax year under Chapter 5733. of the Revised Code | 5072 |
| applying the law in effect for that tax year, and the tax for that | 5073 |
| tax year if section 5733.042 of the Revised Code applied as that | 5074 |
| section existed on the effective date of its amendment by Am. Sub. | 5075 |
| H.B. 215 of the 122nd general assembly, September 29, 1997, | 5076 |
| subject to division (A)(10)(b) of this section. | 5077 |
| (b) If the tax rate set forth in division (B) of section | 5078 |
| 5733.06 of the Revised Code for the tax year is less than eight | 5079 |
| and one-half per cent, the tax calculated under division | 5080 |
| (A)(10)(a) of this section shall be computed by substituting a tax | 5081 |
| rate of eight and one-half per cent for the rate set forth in | 5082 |
| division (B) of section 5733.06 of the Revised Code for the tax | 5083 |
| year. | 5084 |
| (c) If the resulting difference is negative, the applicable | 5085 |
| tax difference for the tax year shall be zero. | 5086 |
| (B) The tax credit authority created under section 122.17 of | 5087 |
| the Revised Code may grant tax credits under this section for the | 5088 |
| purpose of fostering job retention in this state. Upon application | 5089 |
| by an eligible business and upon consideration of the | 5090 |
| recommendation of the director of budget and management, tax | 5091 |
| commissioner, and director of development under division (C) of | 5092 |
| this section, the tax credit authority may grant to an eligible | 5093 |
| business a nonrefundable credit against the tax imposed by section | 5094 |
| 5733.06 or 5747.02 or levied under Chapter 5751. of the Revised | 5095 |
| Code for a period up to fifteen taxable years and against the tax | 5096 |
| levied by Chapter 5751. of the Revised Code for a period of up to | 5097 |
| fifteen calendar years. The credit shall be in an amount not | 5098 |
| exceeding seventy-five per cent of the Ohio income tax withheld | 5099 |
| from the employees of the eligible business occupying full-time | 5100 |
| employment positions at the project site during the calendar year | 5101 |
| that includes the last day of such business' taxable year or tax | 5102 |
| period with respect to which the credit is granted. The amount of | 5103 |
| the credit shall not be based on the Ohio income tax withheld from | 5104 |
| full-time employees for a calendar year prior to the calendar year | 5105 |
| in which the minimum investment requirement referred to in | 5106 |
| division (A)(2)(b) of this section is completed. The credit shall | 5107 |
| be claimed only for the taxable years or tax periods specified in | 5108 |
| the eligible business' agreement with the tax credit authority | 5109 |
| under division (E) of this section, but in no event shall the | 5110 |
| credit be claimed for a taxable year or tax period terminating | 5111 |
| before the date specified in the agreement. Any credit granted | 5112 |
| under this section against the tax imposed by section 5733.06 or | 5113 |
| 5747.02 of the Revised Code, to the extent not fully utilized | 5114 |
| against such tax for taxable years ending prior to 2008, shall | 5115 |
| automatically be converted without any action taken by the tax | 5116 |
| credit authority to a credit against the tax levied under Chapter | 5117 |
| 5751. of the Revised Code for tax periods beginning on or after | 5118 |
| July 1, 2008, provided that the person to whom the credit was | 5119 |
| granted is subject to such tax. The converted credit shall apply | 5120 |
| to those calendar years in which the remaining taxable years | 5121 |
| specified in the agreement end. | 5122 |
| The credit computed under this division is in addition to any | 5123 |
| credit allowed under division (M) of this section which the tax | 5124 |
| credit authority may also include in the agreement. | 5125 |
| Any unused portion of a tax credit may be carried forward for | 5126 |
| not more than three additional years after the year for which the | 5127 |
| credit is granted. | 5128 |
| (C) A taxpayer that proposes a capital investment project to | 5129 |
| retain jobs in this state may apply to the tax credit authority to | 5130 |
| enter into an agreement for a tax credit under this section. The | 5131 |
| director of development shall prescribe the form of the | 5132 |
| application. After receipt of an application, the authority shall | 5133 |
| forward copies of the application to the director of budget and | 5134 |
| management, the tax commissioner, and the director of development, | 5135 |
| each of whom shall review the application to determine the | 5136 |
| economic impact the proposed project would have on the state and | 5137 |
| the affected political subdivisions and shall submit a summary of | 5138 |
|
their determinations and recommendations to the
authority. | 5139 |
| 5140 | |
| 5141 |
| (D) Upon review of the determinations and recommendations | 5142 |
| described in division (C) of this section, the tax credit | 5143 |
| authority may enter into an agreement with the taxpayer for a | 5144 |
| credit under this section if the authority determines all of the | 5145 |
| following: | 5146 |
| (1) The taxpayer's capital investment project will result in | 5147 |
| the retention of full-time employment positions in this state. | 5148 |
| (2) The taxpayer is economically sound and has the ability to | 5149 |
| complete the proposed capital investment project. | 5150 |
| (3) The taxpayer intends to and has the ability to maintain | 5151 |
| operations at the project site for at least twice the term of the | 5152 |
| credit. | 5153 |
| (4) Receiving the credit is a major factor in the taxpayer's | 5154 |
| decision to begin, continue with, or complete the project. | 5155 |
| (5) The political subdivisions in which the project is | 5156 |
| located have agreed to provide substantial financial support to | 5157 |
| the project. | 5158 |
| (E) An agreement under this section shall include all of the | 5159 |
| following: | 5160 |
| (1) A detailed description of the project that is the subject | 5161 |
| of the agreement, including the amount of the investment, the | 5162 |
| period over which the investment has been or is being made, and | 5163 |
| the number of full-time employment positions at the project site. | 5164 |
| (2) The method of calculating the number of full-time | 5165 |
| employment positions as specified in division (A)(3) of this | 5166 |
| section. | 5167 |
| (3) The term and percentage of the tax credit, and the first | 5168 |
| year for which the credit may be claimed. | 5169 |
| (4) A requirement that the taxpayer maintain operations at | 5170 |
| the project site for at least twice the number of years as the | 5171 |
| term of the credit. | 5172 |
| (5) A requirement that the taxpayer retain a specified number | 5173 |
| of full-time employment positions at the project site and within | 5174 |
| this state for the term of the credit, including a requirement | 5175 |
| that the taxpayer continue to employ at least one thousand | 5176 |
| employees in full-time employment positions at the project site | 5177 |
| during the entire term of any agreement, subject to division | 5178 |
| (E)(7) of this section. | 5179 |
| (6) A requirement that the taxpayer annually report to the | 5180 |
| director of development the number of full-time employment | 5181 |
| positions subject to the credit, the amount of tax withheld from | 5182 |
| employees in those positions, the amount of the payments made for | 5183 |
| the capital investment project, and any other information the | 5184 |
| director needs to perform the director's duties under this | 5185 |
| section. | 5186 |
| (7) A requirement that the director of development annually | 5187 |
| review the annual reports of the taxpayer to verify the | 5188 |
| information reported under division (E)(6) of this section and | 5189 |
| compliance with the agreement. Upon verification, the director | 5190 |
| shall issue a certificate to the taxpayer stating that the | 5191 |
| information has been verified and identifying the amount of the | 5192 |
| credit for the taxable year. Unless otherwise specified by the tax | 5193 |
| credit authority in a resolution and included as part of the | 5194 |
| agreement, the director shall not issue a certificate for any year | 5195 |
| in which the total number of filled full-time employment positions | 5196 |
| for each day of the calendar year divided by three hundred | 5197 |
| sixty-five is less than ninety per cent of the full-time | 5198 |
| employment positions specified in division (E)(5) of this section. | 5199 |
| In determining the number of full-time employment positions, no | 5200 |
| position shall be counted that is filled by an employee who is | 5201 |
| included in the calculation of a tax credit under section 122.17 | 5202 |
| of the Revised Code. | 5203 |
| (8)(a) A provision requiring that the taxpayer, except as | 5204 |
| otherwise provided in division (E)(8)(b) of this section, shall | 5205 |
| not relocate employment positions from elsewhere in this state to | 5206 |
| the project site that is the subject of the agreement for the | 5207 |
| lesser of five years from the date the agreement is entered into | 5208 |
| or the number of years the taxpayer is entitled to claim the | 5209 |
| credit. | 5210 |
| (b) The taxpayer may relocate employment positions from | 5211 |
| elsewhere in this state to the project site that is the subject of | 5212 |
| the agreement if the director of development determines both of | 5213 |
| the following: | 5214 |
| (i) That the site from which the employment positions would | 5215 |
| be relocated is inadequate to meet market and industry conditions, | 5216 |
| expansion plans, consolidation plans, or other business | 5217 |
| considerations affecting the taxpayer; | 5218 |
| (ii) That the legislative authority of the county, township, | 5219 |
| or municipal corporation from which the employment positions would | 5220 |
| be relocated has been notified of the relocation. | 5221 |
| For purposes of this section, the movement of an employment | 5222 |
| position from one political subdivision to another political | 5223 |
| subdivision shall be considered a relocation of an employment | 5224 |
| position unless the movement is confined to the project site. The | 5225 |
| transfer of an individual employee from one political subdivision | 5226 |
| to another political subdivision shall not be considered a | 5227 |
| relocation of an employment position as long as the individual's | 5228 |
| employment position in the first political subdivision is | 5229 |
| refilled. | 5230 |
| (9) A waiver by the taxpayer of any limitations periods | 5231 |
| relating to assessments or adjustments resulting from the | 5232 |
| taxpayer's failure to comply with the agreement. | 5233 |
| (F) If a taxpayer fails to meet or comply with any condition | 5234 |
| or requirement set forth in a tax credit agreement, the tax credit | 5235 |
| authority may amend the agreement to reduce the percentage or term | 5236 |
| of the credit. The reduction of the percentage or term shall take | 5237 |
| effect in the taxable year immediately following the taxable year | 5238 |
| in which the authority amends the agreement or in the first tax | 5239 |
| period beginning in the calendar year immediately following the | 5240 |
| calendar year in which the authority amends the agreement. If the | 5241 |
| taxpayer relocates employment positions in violation of the | 5242 |
| provision required under division (D)(8)(a) of this section, the | 5243 |
| taxpayer shall not claim the tax credit under section 5733.0610 of | 5244 |
| the Revised Code for any tax years following the calendar year in | 5245 |
|
which the relocation occurs, | 5246 |
| under section 5747.058 of the Revised Code for the taxable year in | 5247 |
| which the relocation occurs and any subsequent taxable years, and | 5248 |
| shall not claim the tax credit under division (A) of section | 5249 |
| 5751.50 of the Revised Code for the tax period in which the | 5250 |
| relocation occurs and any subsequent tax periods. | 5251 |
| (G) Financial statements and other information submitted to | 5252 |
| the department of development or the tax credit authority by an | 5253 |
| applicant for or recipient of a tax credit under this section, and | 5254 |
| any information taken for any purpose from such statements or | 5255 |
| information, are not public records subject to section 149.43 of | 5256 |
| the Revised Code. However, the chairperson of the authority may | 5257 |
| make use of the statements and other information for purposes of | 5258 |
| issuing public reports or in connection with court proceedings | 5259 |
| concerning tax credit agreements under this section. Upon the | 5260 |
| request of the tax commissioner, the chairperson of the authority | 5261 |
| shall provide to the commissioner any statement or other | 5262 |
| information submitted by an applicant for or recipient of a tax | 5263 |
| credit in connection with the credit. The commissioner shall | 5264 |
| preserve the confidentiality of the statement or other | 5265 |
| information. | 5266 |
| (H) A taxpayer claiming a tax credit under this section shall | 5267 |
| submit to the tax commissioner a copy of the director of | 5268 |
| development's certificate of verification under division (E)(7) of | 5269 |
| this section for the taxable year or for the calendar year that | 5270 |
| includes the tax period. However, failure to submit a copy of the | 5271 |
| certificate does not invalidate a claim for a credit. | 5272 |
| (I) For the purposes of this section, a taxpayer may include | 5273 |
| a partnership, a corporation that has made an election under | 5274 |
| subchapter S of chapter one of subtitle A of the Internal Revenue | 5275 |
| Code, or any other business entity through which income flows as a | 5276 |
| distributive share to its owners. A tax credit received under this | 5277 |
| section by a partnership, S-corporation, or other such business | 5278 |
| entity shall be apportioned among the persons to whom the income | 5279 |
| or profit of the partnership, S-corporation, or other entity is | 5280 |
| distributed, in the same proportions as those in which the income | 5281 |
| or profit is distributed. | 5282 |
| (J) If the director of development determines that a taxpayer | 5283 |
| that received a tax credit under this section is not complying | 5284 |
| with the requirement under division (E)(4) of this section, the | 5285 |
| director shall notify the tax credit authority of the | 5286 |
| noncompliance. After receiving such a notice, and after giving the | 5287 |
| taxpayer an opportunity to explain the noncompliance, the | 5288 |
| authority may terminate the agreement and require the taxpayer to | 5289 |
| refund to the state all or a portion of the credit claimed in | 5290 |
| previous years, as follows: | 5291 |
| (1) If the taxpayer maintained operations at the project site | 5292 |
| for less than the term of the credit, the amount required to be | 5293 |
| refunded shall not exceed the amount of any tax credits previously | 5294 |
| allowed and received under this section. | 5295 |
| (2) If the taxpayer maintained operations at the project site | 5296 |
| longer than the term of the credit but less than one and one-half | 5297 |
| times the term of the credit, the amount required to be refunded | 5298 |
| shall not exceed fifty per cent of the sum of any tax credits | 5299 |
| previously allowed and received under this section. | 5300 |
| (3) If the taxpayer maintained operations at the project site | 5301 |
| for at least one and one-half times the term of the credit but | 5302 |
| less than twice the term of the credit, the amount required to be | 5303 |
| refunded shall not exceed twenty-five per cent of the sum of any | 5304 |
| tax credits previously allowed and received under this section. | 5305 |
| In determining the portion of the credit to be refunded to | 5306 |
| this state, the authority shall consider the effect of market | 5307 |
| conditions on the taxpayer's project and whether the taxpayer | 5308 |
| continues to maintain other operations in this state. After making | 5309 |
| the determination, the authority shall certify the amount to be | 5310 |
| refunded to the tax commissioner. The commissioner shall make an | 5311 |
| assessment for that amount against the taxpayer under Chapter | 5312 |
| 5733. | 5313 |
| limitations
on assessments under | 5314 |
| 5315 | |
| this division, but the commissioner shall make the assessment | 5316 |
| within one year after the date the authority certifies to the | 5317 |
| commissioner the amount to be refunded. | 5318 |
| If the director of development determines that a taxpayer | 5319 |
| that received a tax credit under this section has reduced the | 5320 |
| number of employees agreed to under division (E)(5) of this | 5321 |
| section by more than ten per cent, the director shall notify the | 5322 |
| tax credit authority of the noncompliance. After receiving such | 5323 |
| notice, and after providing the taxpayer an opportunity to explain | 5324 |
| the noncompliance, the authority may amend the agreement to reduce | 5325 |
| the percentage or term of the tax credit. The reduction in the | 5326 |
| percentage or term shall take effect in the taxable year, or in | 5327 |
| the calendar year that includes the tax period, in which the | 5328 |
| authority amends the agreement. | 5329 |
| (K) The director of development, after consultation with the | 5330 |
| tax commissioner and in accordance with Chapter 119. of the | 5331 |
| Revised Code, shall adopt rules necessary to implement this | 5332 |
| section. The rules may provide for recipients of tax credits under | 5333 |
| this section to be charged fees to cover administrative costs of | 5334 |
| the tax credit program. At the time the director gives public | 5335 |
| notice under division (A) of section 119.03 of the Revised Code of | 5336 |
| the adoption of the rules, the director shall submit copies of the | 5337 |
| proposed rules to the chairpersons of the standing committees on | 5338 |
| economic development in the senate and the house of | 5339 |
| representatives. | 5340 |
| (L) On or before the thirty-first day of March of each year, | 5341 |
| the director of development shall submit a report to the governor, | 5342 |
| the president of the senate, and the speaker of the house of | 5343 |
| representatives on the tax credit program under this section. The | 5344 |
| report shall include information on the number of agreements that | 5345 |
| were entered into under this section during the preceding calendar | 5346 |
| year, a description of the project that is the subject of each | 5347 |
| such agreement, and an update on the status of projects under | 5348 |
| agreements entered into before the preceding calendar year. | 5349 |
| (M)(1) A nonrefundable credit shall be allowed to an | 5350 |
| applicable corporation and its related members in an amount equal | 5351 |
| to the applicable difference. The credit is in addition to the | 5352 |
| credit granted to the corporation or related members under | 5353 |
| division (B) of this section. The credit is subject to divisions | 5354 |
| (B) to (E) and division (J) of this section. | 5355 |
| (2) A person qualifying as an applicable corporation under | 5356 |
| this section for a tax year does not necessarily qualify as an | 5357 |
| applicable corporation for any other tax year. No person is | 5358 |
| entitled to the credit allowed under division (M) of this section | 5359 |
| for the tax year immediately following the taxable year during | 5360 |
| which the person fails to meet the requirements in divisions | 5361 |
| (A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled | 5362 |
| to the credit allowed under division (M) of this section for any | 5363 |
| tax year for which the person is not eligible for the credit | 5364 |
| provided under division (B) of this section. | 5365 |
| Sec. 122.172. (A) As used in this section, "tax liability" | 5366 |
| means the tax owed under section 5733.06 or 5747.02 of the Revised | 5367 |
| Code after allowance of all nonrefundable credits and prior to the | 5368 |
| allowance of all refundable credits. The tax owed under section | 5369 |
| 5733.06 of the Revised Code shall take into account any | 5370 |
| adjustments to such tax required by division (G) of section | 5371 |
| 5733.01 of the Revised Code that apply prior to allowance of | 5372 |
| refundable credits. | 5373 |
| (B)(1) The director of development shall administer the | 5374 |
| manufacturing equipment grant program to provide grants for new | 5375 |
| manufacturing machinery and equipment qualifying for the grant | 5376 |
| under section 122.173 of the Revised Code. Except as provided in | 5377 |
| division (C) of this section, the grants apply to the taxes | 5378 |
| imposed by sections 5733.06 and 5747.02 of the Revised Code for | 5379 |
| taxable years ending on or after July 1, 2005. | 5380 |
| (2) To claim a grant, a taxpayer satisfying the requirements | 5381 |
| of section 122.173 of the Revised Code shall complete a grant | 5382 |
| request form, as prescribed by the director in consultation with | 5383 |
| the tax commissioner, and shall file the form with the tax return | 5384 |
| for the taxable year for which the grant is claimed. In no event | 5385 |
| shall the grant reduce a taxpayer's tax liability below the | 5386 |
| minimum tax owed for the taxable year. The grant request form | 5387 |
| shall provide the information required to allow the grant for the | 5388 |
| taxable year and is subject to audit by the director and the | 5389 |
| commissioner. Any portion of the grant in excess of the taxpayer's | 5390 |
| tax liability shall not be refundable but may be carried forward | 5391 |
| as provided in section 122.173 of the Revised Code. Upon the | 5392 |
| director's request, the commissioner shall provide completed grant | 5393 |
| request forms filed under this section to the director in a | 5394 |
| mutually agreed upon format. | 5395 |
| (C) If a taxpayer is required to repay any credit allowed | 5396 |
| under section 5733.33 or 5747.31 of the Revised Code for a taxable | 5397 |
| year ending prior to July 1, 2005, for a reason not specified in | 5398 |
| Chapter 5733. or 5747. of the Revised Code, a grant shall be | 5399 |
| available for that taxable year under section 122.173 of the | 5400 |
| Revised Code to the extent provided in that section. | 5401 |
| (D) Any tax liability under section 5733.06 or 5747.02 of the | 5402 |
| Revised Code that is underpaid as the result of an improper claim | 5403 |
| for a grant under this section may be assessed by the tax | 5404 |
| commissioner in the manner provided by section 5733.11 or 5747.11 | 5405 |
| of the Revised Code. | 5406 |
| Sec. 122.173. (A) As used in this section: | 5407 |
| (1) "Manufacturing machinery and equipment" means engines and | 5408 |
| machinery, and tools and implements, of every kind used, or | 5409 |
| designed to be used, in refining and manufacturing. "Manufacturing | 5410 |
| machinery and equipment" does not include property acquired after | 5411 |
| December 31, 1999, that is used: | 5412 |
| (a) For the transmission and distribution of electricity; | 5413 |
| (b) For the generation of electricity, if fifty per cent or | 5414 |
| more of the electricity that the property generates is consumed, | 5415 |
| during the one-hundred-twenty-month period commencing with the | 5416 |
| date the property is placed in service, by persons that are not | 5417 |
| related members to the person who generates the electricity. | 5418 |
| (2) "New manufacturing machinery and equipment" means | 5419 |
| manufacturing machinery and equipment, the original use in this | 5420 |
| state of which commences with the taxpayer or with a partnership | 5421 |
| of which the taxpayer is a partner. "New manufacturing machinery | 5422 |
| and equipment" does not include property acquired after December | 5423 |
| 31, 1999, that is used: | 5424 |
| (a) For the transmission and distribution of electricity; | 5425 |
| (b) For the generation of electricity, if fifty per cent or | 5426 |
| more of the electricity that the property generates is consumed, | 5427 |
| during the one-hundred-twenty-month period commencing with the | 5428 |
| date the property is placed in service, by persons that are not | 5429 |
| related members to the person who generates the electricity. | 5430 |
| (3)(a) "Purchase" has the same meaning as in section | 5431 |
| 179(d)(2) of the Internal Revenue Code. | 5432 |
| (b) For purposes of this section, any property that is not | 5433 |
| manufactured or assembled primarily by the taxpayer is considered | 5434 |
| purchased at the time the agreement to acquire the property | 5435 |
| becomes binding. Any property that is manufactured or assembled | 5436 |
| primarily by the taxpayer is considered purchased at the time the | 5437 |
| taxpayer places the property in service in the county for which | 5438 |
| the taxpayer will calculate the county excess amount. | 5439 |
| (c) Notwithstanding section 179(d) of the Internal Revenue | 5440 |
| Code, a taxpayer's direct or indirect acquisition of new | 5441 |
| manufacturing machinery and equipment is not purchased on or after | 5442 |
| July 1, 1995, if the taxpayer, or a person whose relationship to | 5443 |
| the taxpayer is described in subparagraphs (A), (B), or (C) of | 5444 |
| section 179(d)(2) of the Internal Revenue Code, had directly or | 5445 |
| indirectly entered into a binding agreement to acquire the | 5446 |
| property at any time prior to July 1, 1995. | 5447 |
| (4) "Qualifying period" means the period that begins July 1, | 5448 |
| 1995, and ends June 30, 2005. | 5449 |
| (5) "County average new manufacturing machinery and equipment | 5450 |
| investment" means either of the following: | 5451 |
| (a) The average annual cost of new manufacturing machinery | 5452 |
| and equipment purchased for use in the county during baseline | 5453 |
| years, in the case of a taxpayer that was in existence for more | 5454 |
| than one year during baseline years. | 5455 |
| (b) Zero, in the case of a taxpayer that was not in existence | 5456 |
| for more than one year during baseline years. | 5457 |
| (6) "Partnership" includes a limited liability company formed | 5458 |
| under Chapter 1705. of the Revised Code or under the laws of any | 5459 |
| other state, provided that the company is not classified for | 5460 |
| federal income tax purposes as an association taxable as a | 5461 |
| corporation. | 5462 |
| (7) "Partner" includes a member of a limited liability | 5463 |
| company formed under Chapter 1705. of the Revised Code or under | 5464 |
| the laws of any other state, provided that the company is not | 5465 |
| classified for federal income tax purposes as an association | 5466 |
| taxable as a corporation. | 5467 |
| (8) "Distressed area" means either a municipal corporation | 5468 |
| that has a population of at least fifty thousand or a county that | 5469 |
| meets two of the following criteria of economic distress, or a | 5470 |
| municipal corporation the majority of the population of which is | 5471 |
| situated in such a county: | 5472 |
| (a) Its average rate of unemployment, during the most recent | 5473 |
| five-year period for which data are available, is equal to at | 5474 |
| least one hundred twenty-five per cent of the average rate of | 5475 |
| unemployment for the United States for the same period; | 5476 |
| (b) It has a per capita income equal to or below eighty per | 5477 |
| cent of the median county per capita income of the United States | 5478 |
| as determined by the most recently available figures from the | 5479 |
| United States census bureau; | 5480 |
| (c)(i) In the case of a municipal corporation, at least | 5481 |
| twenty per cent of the residents have a total income for the most | 5482 |
| recent census year that is below the official poverty line; | 5483 |
| (ii) In the case of a county, in intercensal years, the | 5484 |
| county has a ratio of transfer payment income to total county | 5485 |
| income equal to or greater than twenty-five per cent. | 5486 |
| (9) "Eligible area" means a distressed area, a labor surplus | 5487 |
| area, an inner city area, or a situational distress area. | 5488 |
| (10) "Inner city area" means, in a municipal corporation that | 5489 |
| has a population of at least one hundred thousand and does not | 5490 |
| meet the criteria of a labor surplus area or a distressed area, | 5491 |
| targeted investment areas established by the municipal corporation | 5492 |
| within its boundaries that are comprised of the most recent census | 5493 |
| block tracts that individually have at least twenty per cent of | 5494 |
| their population at or below the state poverty level or other | 5495 |
| census block tracts contiguous to such census block tracts. | 5496 |
| (11) "Labor surplus area" means an area designated as a labor | 5497 |
| surplus area by the United States department of labor. | 5498 |
| (12) "Official poverty line" has the same meaning as in | 5499 |
| division (A) of section 3923.51 of the Revised Code. | 5500 |
| (13) "Situational distress area" means a county or a | 5501 |
| municipal corporation that has experienced or is experiencing a | 5502 |
| closing or downsizing of a major employer that will adversely | 5503 |
| affect the county's or municipal corporation's economy. In order | 5504 |
| to be designated as a situational distress area, for a period not | 5505 |
| to exceed thirty-six months, the county or municipal corporation | 5506 |
| may petition the director of development. The petition shall | 5507 |
| include written documentation that demonstrates all of the | 5508 |
| following adverse effects on the local economy: | 5509 |
| (a) The number of jobs lost by the closing or downsizing; | 5510 |
| (b) The impact that the job loss has on the county's or | 5511 |
| municipal corporation's unemployment rate as measured by the state | 5512 |
| director of job and family services; | 5513 |
| (c) The annual payroll associated with the job loss; | 5514 |
| (d) The amount of state and local taxes associated with the | 5515 |
| job loss; | 5516 |
| (e) The impact that the closing or downsizing has on | 5517 |
| suppliers located in the county or municipal corporation. | 5518 |
| (14) "Cost" has the same meaning and limitation as in section | 5519 |
| 179(d)(3) of the Internal Revenue Code. | 5520 |
| (15) "Baseline years" means: | 5521 |
| (a) Calendar years 1992, 1993, and 1994, with regard to a | 5522 |
| grant claimed for the purchase during calendar year 1995, 1996, | 5523 |
| 1997, or 1998 of new manufacturing machinery and equipment; | 5524 |
| (b) Calendar years 1993, 1994, and 1995, with regard to a | 5525 |
| grant claimed for the purchase during calendar year 1999 of new | 5526 |
| manufacturing machinery and equipment; | 5527 |
| (c) Calendar years 1994, 1995, and 1996, with regard to a | 5528 |
| grant claimed for the purchase during calendar year 2000 of new | 5529 |
| manufacturing machinery and equipment; | 5530 |
| (d) Calendar years 1995, 1996, and 1997, with regard to a | 5531 |
| grant claimed for the purchase during calendar year 2001 of new | 5532 |
| manufacturing machinery and equipment; | 5533 |
| (e) Calendar years 1996, 1997, and 1998, with regard to a | 5534 |
| grant claimed for the purchase during calendar year 2002 of new | 5535 |
| manufacturing machinery and equipment; | 5536 |
| (f) Calendar years 1997, 1998, and 1999, with regard to a | 5537 |
| grant claimed for the purchase during calendar year 2003 of new | 5538 |
| manufacturing machinery and equipment; | 5539 |
| (g) Calendar years 1998, 1999, and 2000, with regard to a | 5540 |
| grant claimed for the purchase during calendar year 2004 of new | 5541 |
| manufacturing machinery and equipment; | 5542 |
| (h) Calendar years 1999, 2000, and 2001, with regard to a | 5543 |
| grant claimed for the purchase on or after January 1, 2005, and on | 5544 |
| or before June 30, 2005, of new manufacturing machinery and | 5545 |
| equipment. | 5546 |
| (16) "Related member" has the same meaning as in section | 5547 |
| 5733.042 of the Revised Code. | 5548 |
| (17) "Qualifying controlled group" has the same meaning as in | 5549 |
| section 5733.04 of the Revised Code. | 5550 |
| (18) "Tax liability" has the same meaning as in section | 5551 |
| 122.172 of the Revised Code. | 5552 |
| (B)(1) Subject to divisions (I) and (J) of this section, a | 5553 |
| grant is allowed against the tax imposed by section 5733.06 or | 5554 |
| 5747.02 of the Revised Code for a taxpayer that purchases new | 5555 |
| manufacturing machinery and equipment during the qualifying | 5556 |
| period, provided that the new manufacturing machinery and | 5557 |
| equipment are installed in this state not later than June 30, | 5558 |
| 2006. The taxpayer need not be a manufacturer. | 5559 |
| (2)(a) Except as otherwise provided in division (B)(2)(b) of | 5560 |
| this section, a grant may be claimed under this section in excess | 5561 |
| of one million dollars only if the cost of all manufacturing | 5562 |
| machinery and equipment owned in this state by the taxpayer | 5563 |
| claiming the grant on the last day of the calendar year exceeds | 5564 |
| the cost of all manufacturing machinery and equipment owned in | 5565 |
| this state by the taxpayer on the first day of that calendar year. | 5566 |
| As used in division (B)(2)(a) of this section, "calendar | 5567 |
| year" means the calendar year in which the machinery and equipment | 5568 |
| for which the grant is claimed was purchased. | 5569 |
| (b) Division (B)(2)(a) of this section does not apply if the | 5570 |
| taxpayer claiming the grant applies for and is issued a waiver of | 5571 |
| the requirement of that division. A taxpayer may apply to the | 5572 |
| director of development for such a waiver in the manner prescribed | 5573 |
| by the director, and the director may issue such a waiver if the | 5574 |
| director determines that granting the grant is necessary to | 5575 |
| increase or retain employees in this state, and that the grant has | 5576 |
| not caused relocation of manufacturing machinery and equipment | 5577 |
| among counties within this state for the primary purpose of | 5578 |
| qualifying for the grant. | 5579 |
| (C)(1) Except as otherwise provided in division (C)(2) and | 5580 |
| division (I) of this section, the grant amount is equal to seven | 5581 |
| and one-half per cent of the excess of the cost of the new | 5582 |
| manufacturing machinery and equipment purchased during the | 5583 |
| calendar year for use in a county over the county average new | 5584 |
| manufacturing machinery and equipment investment for that county. | 5585 |
| (2) Subject to division (I) of this section, as used in | 5586 |
| division (C)(2) of this section, "county excess" means the | 5587 |
| taxpayer's excess cost for a county as computed under division | 5588 |
| (C)(1) of this section. | 5589 |
| Subject to division (I) of this section, a taxpayer with a | 5590 |
| county excess, whose purchases included purchases for use in any | 5591 |
| eligible area in the county, the grant amount is equal to thirteen | 5592 |
| and one-half per cent of the cost of the new manufacturing | 5593 |
| machinery and equipment purchased during the calendar year for use | 5594 |
| in the eligible areas in the county, provided that the cost | 5595 |
| subject to the thirteen and one-half per cent rate shall not | 5596 |
| exceed the county excess. If the county excess is greater than the | 5597 |
| cost of the new manufacturing machinery and equipment purchased | 5598 |
| during the calendar year for use in eligible areas in the county, | 5599 |
| the grant amount also shall include an amount equal to seven and | 5600 |
| one-half per cent of the amount of the difference. | 5601 |
| (3) If a taxpayer is allowed a grant for purchases of new | 5602 |
| manufacturing machinery and equipment in more than one county or | 5603 |
| eligible area, it shall aggregate the amount of those grants each | 5604 |
| year. | 5605 |
| (4) Except as provided in division (J) of this section, the | 5606 |
| taxpayer shall claim one-seventh of the grant amount for the | 5607 |
| taxable year ending in the calendar year in which the new | 5608 |
| manufacturing machinery and equipment is purchased for use in the | 5609 |
| county by the taxpayer or partnership. One-seventh of the taxpayer | 5610 |
| grant amount is allowed for each of the six ensuing taxable years. | 5611 |
| Except for carried-forward amounts, the taxpayer is not allowed | 5612 |
| any grant amount remaining if the new manufacturing machinery and | 5613 |
| equipment is sold by the taxpayer or partnership or is transferred | 5614 |
| by the taxpayer or partnership out of the county before the end of | 5615 |
| the seven-year period unless, at the time of the sale or transfer, | 5616 |
| the new manufacturing machinery and equipment has been fully | 5617 |
| depreciated for federal income tax purposes. | 5618 |
| (5)(a) A taxpayer that acquires manufacturing machinery and | 5619 |
| equipment as a result of a merger with the taxpayer with whom | 5620 |
| commenced the original use in this state of the manufacturing | 5621 |
| machinery and equipment, or with a taxpayer that was a partner in | 5622 |
| a partnership with whom commenced the original use in this state | 5623 |
| of the manufacturing machinery and equipment, is entitled to any | 5624 |
| remaining or carried-forward grant amounts to which the taxpayer | 5625 |
| was entitled. | 5626 |
| (b) A taxpayer that enters into an agreement under division | 5627 |
| (C)(3) of section 5709.62 of the Revised Code and that acquires | 5628 |
| manufacturing machinery or equipment as a result of purchasing a | 5629 |
| large manufacturing facility, as defined in section 5709.61 of the | 5630 |
| Revised Code, from another taxpayer with whom commenced the | 5631 |
| original use in this state of the manufacturing machinery or | 5632 |
| equipment, and that operates the large manufacturing facility so | 5633 |
| purchased, is entitled to any remaining or carried-forward grant | 5634 |
| amounts to which the other taxpayer who sold the facility would | 5635 |
| have been entitled under this section had the other taxpayer not | 5636 |
| sold the manufacturing facility or equipment. | 5637 |
| (c) New manufacturing machinery and equipment is not | 5638 |
| considered sold if a pass-through entity transfers to another | 5639 |
| pass-through entity substantially all of its assets as part of a | 5640 |
| plan of reorganization under which substantially all gain and loss | 5641 |
| is not recognized by the pass-through entity that is transferring | 5642 |
| the new manufacturing machinery and equipment to the transferee | 5643 |
| and under which the transferee's basis in the new manufacturing | 5644 |
| machinery and equipment is determined, in whole or in part, by | 5645 |
| reference to the basis of the pass-through entity that transferred | 5646 |
| the new manufacturing machinery and equipment to the transferee. | 5647 |
| (d) Division (C)(5) of this section applies only if the | 5648 |
| acquiring taxpayer or transferee does not sell the new | 5649 |
| manufacturing machinery and equipment or transfer the new | 5650 |
| manufacturing machinery and equipment out of the county before the | 5651 |
| end of the seven-year period to which division (C)(4) of this | 5652 |
| section refers. | 5653 |
| (e) Division (C)(5)(b) of this section applies only to the | 5654 |
| extent that the taxpayer that sold the manufacturing machinery or | 5655 |
| equipment, upon request, timely provides to the tax commissioner | 5656 |
| any information that the tax commissioner considers to be | 5657 |
| necessary to ascertain any remaining or carried-forward amounts to | 5658 |
| which the taxpayer that sold the facility would have been entitled | 5659 |
| under this section had the taxpayer not sold the manufacturing | 5660 |
| machinery or equipment. Nothing in division (C)(5)(b) or (e) of | 5661 |
| this section shall be construed to allow a taxpayer to claim any | 5662 |
| grant amount with respect to the acquired manufacturing machinery | 5663 |
| or equipment that is greater than the amount that would have been | 5664 |
| available to the other taxpayer that sold the manufacturing | 5665 |
| machinery or equipment had the other taxpayer not sold the | 5666 |
| manufacturing machinery or equipment. | 5667 |
| (D) The taxpayer shall claim the grant allowed by this | 5668 |
| section in the manner provided by section 122.172 of the Revised | 5669 |
| Code. Any portion of the grant in excess of the taxpayer's tax | 5670 |
| liability for the taxable year shall not be refundable but may be | 5671 |
| carried forward for the next three consecutive taxable years. | 5672 |
| (E) A taxpayer purchasing new manufacturing machinery and | 5673 |
| equipment and intending to claim the grant shall file, with the | 5674 |
| director of development, a notice of intent to claim the grant on | 5675 |
| a form prescribed by the director of development. The director of | 5676 |
| development shall inform the tax commissioner of the notice of | 5677 |
| intent to claim the grant. No grant may be claimed under this | 5678 |
| section for any manufacturing machinery and equipment with respect | 5679 |
| to which a notice was not filed by the date of a timely filed | 5680 |
| return, including extensions, for the taxable year that includes | 5681 |
| September 30, 2005, but a notice filed on or before such date | 5682 |
| under division (E) of section 5733.33 of the Revised Code of the | 5683 |
| intent to claim the credit under that section or section 5747.31 | 5684 |
| of the Revised Code also shall be considered a notice of the | 5685 |
| intent to claim a grant under this section. | 5686 |
| (F) The director of development shall annually certify, by | 5687 |
| the first day of January of each year during the qualifying | 5688 |
| period, the eligible areas for the tax grant for the calendar year | 5689 |
| that includes that first day of January. The director shall send a | 5690 |
| copy of the certification to the tax commissioner. | 5691 |
| (G) New manufacturing machinery and equipment for which a | 5692 |
| taxpayer claims the credit under section 5733.31, 5733.311, | 5693 |
| 5747.26, or 5747.261 of the Revised Code shall not be considered | 5694 |
| new manufacturing machinery and equipment for purposes of the | 5695 |
| grant under this section. | 5696 |
| (H)(1) Notwithstanding sections 5733.11 and 5747.13 of the | 5697 |
| Revised Code, but subject to division (H)(2) of this section, the | 5698 |
| tax commissioner may issue an assessment against a person with | 5699 |
| respect to a grant claimed under this section for new | 5700 |
| manufacturing machinery and equipment described in division | 5701 |
| (A)(1)(b) or (2)(b) of this section, if the machinery or equipment | 5702 |
| subsequently does not qualify for the grant. | 5703 |
| (2) Division (H)(1) of this section shall not apply after the | 5704 |
| twenty-fourth month following the last day of the period described | 5705 |
| in divisions (A)(1)(b) and (2)(b) of this section. | 5706 |
| (I) Notwithstanding any other provision of this section to | 5707 |
| the contrary, in the case of a qualifying controlled group, the | 5708 |
| grant available under this section to a taxpayer or taxpayers in | 5709 |
| the qualifying controlled group shall be computed as if all | 5710 |
| corporations in the group were a single corporation. The grant | 5711 |
| shall be allocated to such a taxpayer or taxpayers in the group in | 5712 |
| any amount elected for the taxable year by the group. The election | 5713 |
| shall be revocable and amendable during the period described in | 5714 |
| division (B) of section 5733.12 of the Revised Code. | 5715 |
| This division applies to all purchases of new manufacturing | 5716 |
| machinery and equipment made on or after January 1, 2001, and to | 5717 |
| all baseline years used to compute any grant attributable to such | 5718 |
| purchases; provided, that this division may be applied solely at | 5719 |
| the election of the qualifying controlled group with respect to | 5720 |
| all purchases of new manufacturing machinery and equipment made | 5721 |
| before that date, and to all baseline years used to compute any | 5722 |
| grant attributable to such purchases. The qualifying controlled | 5723 |
| group at any time may elect to apply this division to purchases | 5724 |
| made prior to January 1, 2001, subject to the following: | 5725 |
| (1) The election is irrevocable; | 5726 |
| (2) The election need not accompany a timely filed report, | 5727 |
| but the election may accompany a subsequently filed but timely | 5728 |
| application for refund, a subsequently filed but timely amended | 5729 |
| report, or a subsequently filed but timely petition for | 5730 |
| reassessment. | 5731 |
| (J) Except as provided in division (B) of section 122.172 of | 5732 |
| the Revised Code, no grant under this section may be claimed for | 5733 |
| any taxable year for which a credit is allowed under section | 5734 |
| 5733.33 or 5747.31 of the Revised Code. If the tax imposed by | 5735 |
| section 5733.06 of the Revised Code for which a grant is allowed | 5736 |
| under this section has been prorated under division (G)(2) of | 5737 |
| section 5733.01 of the Revised Code, the grant shall be prorated | 5738 |
| by the same percentage as the tax. | 5739 |
| Sec. 122.18. (A) As used in this section: | 5740 |
| (1) "Facility" means all real property and interests in real | 5741 |
| property owned by | 5742 |
| (a) A landlord and leased to a tenant pursuant to a project | 5743 |
| that is the subject of an agreement under this section; | 5744 |
| (b) The United States or any department, agency, or | 5745 |
| instrumentality of the United States. | 5746 |
| (2) "Full-time employee" has the same meaning as under | 5747 |
|
section 122.17 of the Revised Code | 5748 |
| (3) "Landlord" means a county or municipal corporation, or a | 5749 |
| corporate entity that is an instrumentality of a county or | 5750 |
| municipal corporation and that is not subject to the tax imposed | 5751 |
|
by section 5733.06 or
5747.02 of the Revised Code | 5752 |
| (4) "New employee" means a full-time employee first employed | 5753 |
| by, or under or pursuant to a contract with, the tenant in the | 5754 |
| project that is the subject of the agreement after a landlord | 5755 |
| enters into an agreement with the tax credit authority under this | 5756 |
| section | 5757 |
| (5) "New income tax revenue" means the total amount withheld | 5758 |
| under section 5747.06 of the Revised Code by the tenant or tenants | 5759 |
| at a facility during a year from the compensation of new employees | 5760 |
| for the tax levied under Chapter 5747. of the Revised
Code | 5761 |
| (6) "Retained income tax revenue" means the total amount | 5762 |
| withheld under section 5747.06 of the Revised Code from employees | 5763 |
| retained at an existing facility recommended for closure to the | 5764 |
| base realignment and closure commission in the United States | 5765 |
| department of defense. | 5766 |
| (7) "Tenant" means the United States, any department, agency, | 5767 |
| or instrumentality of the United States, or any person under | 5768 |
| contract with the United States or any department, agency, or | 5769 |
| instrumentality of the United States. | 5770 |
| (B) The tax credit authority may enter into an agreement with | 5771 |
| a landlord under which an annual payment equal to the new income | 5772 |
| tax revenue or retained income tax revenue, as applicable, or the | 5773 |
| amount called for under division (D)(3) or (4) of this section | 5774 |
| shall be made to the landlord from moneys of this state that were | 5775 |
| not raised by taxation, and shall be credited by the landlord to | 5776 |
| the rental owing from the tenant to the landlord for a facility. | 5777 |
| (C) A landlord that proposes a project to create new jobs in | 5778 |
| this state or retain jobs in this state at an existing facility | 5779 |
| recommended for closure or realignment to the base realignment and | 5780 |
| closure commission in the United States department of defense may | 5781 |
| apply to the tax credit authority to enter into an agreement for | 5782 |
| annual payments under this section. The director of development | 5783 |
| shall prescribe the form of the application. After receipt of an | 5784 |
| application, the authority may enter into an agreement with the | 5785 |
| landlord for annual payments under this section if it determines | 5786 |
| all of the following: | 5787 |
| (1) The project will create new jobs in this state | 5788 |
| jobs at a facility recommended for closure or realignment to the | 5789 |
| base realignment and closure commission in the United States | 5790 |
| department of defense. | 5791 |
| (2) The project is economically sound and will benefit the | 5792 |
| people of this state by increasing opportunities for employment | 5793 |
|
and strengthening the economy of this state | 5794 |
| (3) Receiving the annual payments will be a major factor in | 5795 |
| the decision of the landlord and tenant to go forward with the | 5796 |
| project. | 5797 |
| (D) An agreement with a landlord for annual payments shall | 5798 |
| include all of the following: | 5799 |
| (1) A description of the project that is the subject of the | 5800 |
| agreement; | 5801 |
| (2) The term of the agreement, which shall not exceed twenty | 5802 |
| years; | 5803 |
| (3) Based on the estimated new income tax revenue or retained | 5804 |
| income tax revenue, as applicable, to be derived from the facility | 5805 |
| at the time the agreement is entered into, provision for a | 5806 |
| guaranteed payment to the landlord commencing with the issuance by | 5807 |
| the landlord of any bonds or other forms of financing for the | 5808 |
| construction of the facility and continuing for the term approved | 5809 |
| by the authority; | 5810 |
| (4) Provision for offsets to this state of the annual payment | 5811 |
| in years in which such annual payment is greater than the | 5812 |
| guaranteed payment of amounts previously paid by this state to the | 5813 |
| landlord in excess of the new income tax revenue or retained | 5814 |
| income tax revenue, as applicable, by reason of the guaranteed | 5815 |
| payment; | 5816 |
| (5) A specific method for determining how many new employees | 5817 |
| are employed during a year; | 5818 |
| (6) A requirement that the landlord annually shall obtain | 5819 |
| from the tenant and report to the director of development the | 5820 |
|
number of new employees | 5821 |
| in connection with the new employees, or the number of retained | 5822 |
| employees and the retained income tax revenue withheld in | 5823 |
| connection with the retained employees, as applicable, and any | 5824 |
| other information the director needs to perform the director's | 5825 |
| duties under this section; | 5826 |
| (7) A requirement that the director of development annually | 5827 |
| shall verify the amounts reported under division (D)(6) of this | 5828 |
| section, and after doing so shall issue a certificate to the | 5829 |
| landlord stating that the amounts have been verified. | 5830 |
| (E) The director of development, in accordance with Chapter | 5831 |
| 119. of the Revised Code, shall adopt rules necessary to implement | 5832 |
| this section. | 5833 |
| Sec. 122.40. (A) There is hereby created the development | 5834 |
| financing advisory council to assist in carrying out the programs | 5835 |
| created pursuant to sections 122.39 to 122.62 and Chapter 166. of | 5836 |
| the Revised Code. | 5837 |
| (B) The council shall consist of seven members appointed by | 5838 |
| the governor, with the advice and consent of the senate, who are | 5839 |
| selected for their knowledge of and experience in economic | 5840 |
| development financing, one member of the senate appointed by the | 5841 |
| president of the senate, one member of the house of | 5842 |
| representatives appointed by the speaker of the house of | 5843 |
| representatives, and the director of development or the director's | 5844 |
| designee. With respect to the council: | 5845 |
| (1) No more than four members of the council appointed by the | 5846 |
| governor shall be members of the same political party. | 5847 |
| (2) Each member shall hold office from the date of the | 5848 |
| member's appointment until the end of the term for which the | 5849 |
| member was appointed. | 5850 |
| (3) The terms of office for the seven members appointed by | 5851 |
| the governor shall be for five years commencing on the first day | 5852 |
| of January and ending on the thirty-first day of December. The | 5853 |
| seven members appointed by the governor who are serving terms of | 5854 |
| office of seven years on | 5855 |
| December 30, 2004, shall continue to serve those terms, but their | 5856 |
| successors in office, including the filling of a vacancy occurring | 5857 |
| prior to the expiration of those terms, shall be appointed for | 5858 |
| terms of five years in accordance with this division. | 5859 |
| (4) Any member of the council is eligible for reappointment. | 5860 |
| (5) As a term of a member of the council appointed by the | 5861 |
| governor expires, the governor shall appoint a successor with the | 5862 |
| advice and consent of the senate. | 5863 |
| (6) Except as otherwise provided in division (B)(3) of this | 5864 |
| section, any member appointed to fill a vacancy occurring prior to | 5865 |
| the expiration of the term for which the member's predecessor was | 5866 |
| appointed shall hold office for the remainder of the predecessor's | 5867 |
| term. | 5868 |
| (7) Any member shall continue in office subsequent to the | 5869 |
| expiration date of the member's term until the member's successor | 5870 |
| takes office, or until a period of sixty days has elapsed, | 5871 |
| whichever occurs first. | 5872 |
| (8) Before entering upon duties as a member of the council, | 5873 |
| each member shall take an oath provided by Section 7 of Article | 5874 |
| XV, Ohio Constitution. | 5875 |
| (9) The governor may, at any time, remove any nonlegislative | 5876 |
| member pursuant to section 3.04 of the Revised Code. | 5877 |
| (10) Members of the council, notwithstanding section 101.26 | 5878 |
| of the Revised Code with respect to members who are members of the | 5879 |
| general assembly, shall receive their necessary and actual | 5880 |
| expenses while engaged in the business of the council and shall be | 5881 |
| paid at the per diem rate of step 1, pay range 31, of section | 5882 |
| 124.15 of the Revised Code. | 5883 |
| (11) | 5884 |
| the affirmative vote of six members is necessary for any action | 5885 |
| taken by the council. | 5886 |
| (12) In the event of the absence of a member appointed by the | 5887 |
| president of the senate or by the speaker of the house of | 5888 |
| representatives, the following persons may serve in the member's | 5889 |
| absence: the president of the senate or the speaker of the house, | 5890 |
| as the case may be, or a member of the senate or of the house of | 5891 |
| representatives, of the same political party as the development | 5892 |
| financing advisory council member, designated by the president of | 5893 |
| the senate or the speaker of the house. | 5894 |
| Sec. 122.603. (A)(1) Upon approval by the director of | 5895 |
| development and after entering into a participation agreement with | 5896 |
| the department of development, a participating financial | 5897 |
| institution making a capital access loan shall establish a program | 5898 |
| reserve account. The account shall be an interest-bearing account | 5899 |
| and shall contain only moneys deposited into it under the program | 5900 |
| and the interest payable on the moneys in the account. | 5901 |
| (2) All interest payable on the moneys in the program reserve | 5902 |
| account shall be added to the moneys and held as an additional | 5903 |
| loss reserve. The director may require that a portion or all of | 5904 |
| the accrued interest so held in the account be released to the | 5905 |
| department. If the director causes a release of accrued interest, | 5906 |
| the director shall deposit the released amount into the capital | 5907 |
| access loan program fund created in section 122.601 of the Revised | 5908 |
| Code. The director shall not require the release of that accrued | 5909 |
| interest more than twice in a fiscal year. | 5910 |
| (B) When a participating financial institution makes a | 5911 |
| capital access loan, it shall require the eligible business to pay | 5912 |
| to the participating financial institution a fee in an amount that | 5913 |
| is not less than one and one-half per cent, and not more than | 5914 |
| three per cent, of the principal amount of the loan. The | 5915 |
| participating financial institution shall deposit the fee into its | 5916 |
| program reserve account, and it also shall deposit into the | 5917 |
| account an amount of its own funds equal to the amount of the fee. | 5918 |
| The participating financial institution may recover from the | 5919 |
| eligible business all or part of the amount that the participating | 5920 |
| financial institution is required to deposit into the account | 5921 |
| under this division in any manner agreed to by the participating | 5922 |
| financial institution and the eligible business. | 5923 |
| (C) For each capital access loan made by a participating | 5924 |
| financial institution, the participating financial institution | 5925 |
| shall certify to the director, within a period specified by the | 5926 |
| director, that the participating financial institution has made | 5927 |
| the loan. The certification shall include the amount of the loan, | 5928 |
| the amount of the fee received from the eligible business, the | 5929 |
| amount of its own funds that the participating financial | 5930 |
| institution deposited into its program reserve account to reflect | 5931 |
| that fee, and any other information specified by the director. | 5932 |
| (D) | 5933 |
| from a participating financial institution made under division (C) | 5934 |
| of this section and subject to section 122.602 of the Revised | 5935 |
| Code, the director shall disburse to the participating financial | 5936 |
| institution from the capital access loan program fund an amount | 5937 |
| equal to fifty per cent of the principal amount of the particular | 5938 |
| capital access loan for deposit into the participating financial | 5939 |
| institution's program reserve account. Thereafter, upon receipt of | 5940 |
| a certification from that participating financial institution made | 5941 |
| under division (C) of this section and subject to section 122.602 | 5942 |
| of the Revised Code, the director shall disburse to the | 5943 |
| participating financial institution from the capital access loan | 5944 |
| program fund an amount equal to ten per cent of the principal | 5945 |
| amount of the particular capital access loan for deposit into the | 5946 |
| participating financial institution's program reserve account. The | 5947 |
| disbursement of moneys from the fund to a participating financial | 5948 |
| institution does not require approval from the controlling board. | 5949 |
| (E) If the amount in a program reserve account exceeds an | 5950 |
| amount equal to thirty-three per cent of a participating financial | 5951 |
| institution's outstanding capital access loans, the department may | 5952 |
| cause the withdrawal of the excess amount and the deposit of the | 5953 |
| withdrawn amount into the capital access loan program fund. | 5954 |
| (F)(1) The department may cause the withdrawal of the total | 5955 |
| amount in a participating financial institution's program reserve | 5956 |
| account if any of the following applies: | 5957 |
| (a) The financial institution is no longer eligible to | 5958 |
| participate in the program. | 5959 |
| (b) The participation agreement expires without renewal by | 5960 |
| the department or the financial institution. | 5961 |
| (c) The financial institution has no outstanding capital | 5962 |
| access loans. | 5963 |
| (d) The financial institution has not made a capital access | 5964 |
| loan within the preceding twenty-four months. | 5965 |
| (2) If the department causes a withdrawal under division | 5966 |
| (F)(1) of this section, the department shall deposit the withdrawn | 5967 |
| amount into the capital access loan program fund. | 5968 |
| Sec. 122.71. As used in sections 122.71 to 122.83 of the | 5969 |
| Revised Code: | 5970 |
| (A) "Financial institution" means any banking corporation, | 5971 |
| trust company, insurance company, savings and loan association, | 5972 |
| building and loan association, or corporation, partnership, | 5973 |
| federal lending agency, foundation, or other institution engaged | 5974 |
| in lending or investing funds for industrial or business purposes. | 5975 |
| (B) "Project" means any real or personal property connected | 5976 |
| with or being a part of an industrial, distribution, commercial, | 5977 |
| or research facility to be acquired, constructed, reconstructed, | 5978 |
| enlarged, improved, furnished, or equipped, or any combination | 5979 |
| thereof, with the aid provided under sections 122.71 to 122.83 of | 5980 |
| the Revised Code, for industrial, commercial, distribution, and | 5981 |
| research development of the state. | 5982 |
| (C) "Mortgage" means the lien imposed on a project by a | 5983 |
| mortgage on real property, or by financing statements on personal | 5984 |
| property, or a combination of a mortgage and financing statements | 5985 |
| when a project consists of both real and personal property. | 5986 |
| (D) "Mortgagor" means the principal user of a project or the | 5987 |
| person, corporation, partnership, or association unconditionally | 5988 |
| guaranteeing performance by the principal user of its obligations | 5989 |
| under the mortgage. | 5990 |
| (E)(1) "Minority business enterprise" means an individual who | 5991 |
| is a United States citizen and owns and controls a business, or a | 5992 |
| partnership, corporation, or joint venture of any kind that is | 5993 |
| owned and controlled by United States citizens, which citizen or | 5994 |
| citizens are residents of this state and are members of one of the | 5995 |
| following economically disadvantaged groups: Blacks or African | 5996 |
| Americans, American
Indians, Hispanics or Latinos, and
| 5997 |
| Asians. | 5998 |
| (2) "Owned and controlled" means that at least fifty-one per | 5999 |
| cent of the business, including corporate stock if a corporation, | 6000 |
| is owned by persons who belong to one or more of the groups set | 6001 |
| forth in division (E)(1) of this section, and that those owners | 6002 |
| have control over the management and day-to-day operations of the | 6003 |
| business and an interest in the capital, assets, and profits and | 6004 |
| losses of the business proportionate to their percentage of | 6005 |
| ownership. In order to qualify as a minority business enterprise, | 6006 |
| a business shall have been owned and controlled by those persons | 6007 |
| at least one year prior to being awarded a contract pursuant to | 6008 |
| this section. | 6009 |
| (F) "Community improvement corporation" means a corporation | 6010 |
| organized under Chapter 1724. of the Revised Code. | 6011 |
| (G) "Ohio development corporation" means a corporation | 6012 |
| organized under Chapter 1726. of the Revised Code. | 6013 |
| (H) "Minority contractors business assistance organization" | 6014 |
| means an entity engaged in the provision of management and | 6015 |
| technical business assistance to minority business enterprise | 6016 |
| entrepreneurs. | 6017 |
| (I) "Minority business supplier development council" means a | 6018 |
| nonprofit organization established as an affiliate of the national | 6019 |
| minority supplier development council. | 6020 |
| (J) "Regional economic development entity" means an entity | 6021 |
| that is under contract with the director of development to | 6022 |
| administer a loan program under this chapter in a particular area | 6023 |
| of the state. | 6024 |
| Sec. 122.72. (A) There is hereby created the minority | 6025 |
| development financing advisory board to assist in carrying out the | 6026 |
| programs created pursuant to sections 122.71 to | 6027 |
| the Revised Code. | 6028 |
| (B) The board shall consist of | 6029 |
| director of development or the director's designee shall be a | 6030 |
| voting member on the board. Seven members shall be appointed by | 6031 |
| the governor with the advice and consent of the senate and | 6032 |
| selected because of their knowledge of and experience in | 6033 |
| industrial, business, and commercial financing, suretyship, | 6034 |
| construction, and their understanding of the problems of minority | 6035 |
| business enterprises; one member also shall be a member of the | 6036 |
| senate and appointed by the president of the senate, and one | 6037 |
| member also shall be a member of the house of representatives and | 6038 |
| appointed by the speaker of the house of representatives. With | 6039 |
| respect to the board, all of the following apply: | 6040 |
| (1) Not more than four of the members of the board appointed | 6041 |
| by the governor shall be of the same political party. | 6042 |
| (2) Each member shall hold office from the date of the | 6043 |
| member's appointment until the end of the term for which the | 6044 |
| member was appointed. | 6045 |
| (3) The terms of office for the seven members appointed by | 6046 |
| the governor shall be for seven years, commencing on the first day | 6047 |
| of October and ending on the thirtieth day of September of the | 6048 |
| seventh year, except that of the original seven members, three | 6049 |
| shall be appointed for three years and two shall be appointed for | 6050 |
| five years. | 6051 |
| (4) Any member of the board is eligible for reappointment. | 6052 |
| (5) Any member appointed to fill a vacancy occurring prior to | 6053 |
| the
expiration of the term for which | 6054 |
|
was appointed shall hold office for the remainder of | 6055 |
| predecessor's term. | 6056 |
| (6) Any member shall continue in office subsequent to the | 6057 |
| expiration
date of | 6058 |
| successor takes office, or until a period of sixty days has | 6059 |
| elapsed, whichever occurs first. | 6060 |
| (7) Before entering upon | 6061 |
| the board, each member shall take an oath as provided by Section 7 | 6062 |
| of Article XV, Ohio Constitution. | 6063 |
| (8) The governor may, at any time, remove any member | 6064 |
| appointed by
| 6065 |
| Revised Code. | 6066 |
| (9) Notwithstanding section 101.26 of the Revised Code, | 6067 |
| members shall receive their necessary and actual expenses while | 6068 |
| engaged in the business of the board and shall be paid at the per | 6069 |
| diem rate of step 1 of pay range 31 of section 124.15 of the | 6070 |
| Revised Code. | 6071 |
| (10) | 6072 |
| the affirmative
vote of | 6073 |
| action taken by the board. | 6074 |
| (11) In the event of the absence of a member appointed by the | 6075 |
| president of the senate or by the speaker of the house of | 6076 |
| representatives, either of the following persons may serve in the | 6077 |
| member's absence: | 6078 |
| (a) The president of the senate or the speaker of the house | 6079 |
| of representatives, whoever appointed the absent member; | 6080 |
| (b) A member of the senate or of the house of representatives | 6081 |
| of the same political party as the absent member, as designated by | 6082 |
| the president of the senate or the speaker of the house of | 6083 |
| representatives, whoever appointed the absent member. | 6084 |
| (12) The board shall annually elect one of its members as | 6085 |
| 6086 | |
| vice-chairperson. | 6087 |
| Sec. 122.73. (A) The minority development financing advisory | 6088 |
| board and the director of development are invested with the powers | 6089 |
| and duties provided in sections 122.71 to
| 6090 |
| Revised Code, in order to promote the welfare of the people of the | 6091 |
| state by encouraging the establishment and expansion of minority | 6092 |
| business enterprises | 6093 |
| employment | 6094 |
| industrial, commercial, distribution, and research activities | 6095 |
| required for the people of the state, and for their gainful | 6096 |
| employment | 6097 |
| employment opportunities, or improve the economic welfare of the | 6098 |
| people of the state. It is hereby determined that the | 6099 |
| accomplishment of those purposes is essential so that the people | 6100 |
| of the state may maintain their present high standards of living | 6101 |
| in comparison with the people of other states and so that | 6102 |
| opportunities for employment and for favorable markets for the | 6103 |
| products of the state's natural resources, agriculture, and | 6104 |
|
manufacturing shall be improved | 6105 |
| it is necessary for the state to establish the programs authorized | 6106 |
| under sections 122.71 to | 6107 |
| establish the minority development financing advisory board, and | 6108 |
| to invest it and the director of development with the powers and | 6109 |
| duties provided in sections 122.71 to | 6110 |
| Code. | 6111 |
| (B) The minority development financing advisory board shall | 6112 |
| do all of the following: | 6113 |
| (1) Make recommendations to the director as to applications | 6114 |
| for assistance
pursuant to sections 122.71 to | 6115 |
| Revised Code. The board may revise its recommendations to reflect | 6116 |
| any changes in the proposed assistance made by the director. | 6117 |
| (2) Advise the director in the administration of sections | 6118 |
| 122.71 to | 6119 |
| (3) Adopt bylaws to govern the conduct of the business of the | 6120 |
| board. | 6121 |
| Sec. 122.74. (A)(1) The director of development shall do all | 6122 |
| of the following: | 6123 |
| | 6124 |
| 122.71 to | 6125 |
| but subject to division (A)(2) of this section, forward them to | 6126 |
| the minority development financing advisory board together with | 6127 |
| necessary supporting information; | 6128 |
| | 6129 |
| final determination whether to approve the application for | 6130 |
| assistance; | 6131 |
| | 6132 |
| development entity for loans made under section 122.76 of the | 6133 |
| Revised Code and make a final determination, notwithstanding | 6134 |
| divisions (A)(1) and (2) of this section, whether to approve the | 6135 |
| proposed loan; | 6136 |
| (d) Transmit the director's determinations to approve | 6137 |
| assistance to the controlling board together with any information | 6138 |
| the controlling board requires for its review and decision as to | 6139 |
| whether to approve the assistance. | 6140 |
| (2) The director is not required to submit any determination, | 6141 |
| data, terms, or any other application materials or information to | 6142 |
| the minority development financing advisory board when provision | 6143 |
| of the assistance has been recommended to the director by a | 6144 |
| regional economic development entity. | 6145 |
| (B) The director may do all of the following: | 6146 |
| (1) Fix the rate of interest and charges to be made upon or | 6147 |
| with respect to moneys loaned or guaranteed by the director and | 6148 |
| the terms upon which mortgages and lease rentals may be guaranteed | 6149 |
| and the rates of charges to be made for them and make provisions | 6150 |
| for the operation of the funds established by the director in | 6151 |
| accordance with this section and sections
122.80 | 6152 |
| 122.90 of the Revised Code; | 6153 |
| (2) Loan and guarantee moneys from the fund established in | 6154 |
| accordance with section 122.80 of the Revised Code pursuant to and | 6155 |
| in compliance with sections
122.71 to
| 6156 |
| Code. | 6157 |
| (3) Acquire in the name of the director any property of any | 6158 |
| kind or
character in accordance with sections 122.71 to | 6159 |
| 122.90 of the Revised Code, by purchase, purchase at foreclosure, | 6160 |
| or exchange on such terms and in such manner as the director | 6161 |
| considers proper; | 6162 |
| (4) Make and enter into all contracts and agreements | 6163 |
| necessary or incidental to the performance of the director's | 6164 |
| duties and the exercise of the director's powers under sections | 6165 |
| 122.71 to | 6166 |
| (5) Maintain, protect, repair, improve, and insure any | 6167 |
| property that the director has acquired and dispose of it by sale, | 6168 |
| exchange, or lease for the consideration and on the terms and in | 6169 |
| the manner as the director considers proper, but the director | 6170 |
| shall not operate any such property as a business except as the | 6171 |
| lessor of it; | 6172 |
| (6)(a) When the cost of any contract for the maintenance, | 6173 |
| protection, repair, or improvement of any property held by the | 6174 |
| director, other than compensation for personal services, involves | 6175 |
| an expenditure of more than fifty thousand dollars, the director | 6176 |
| shall make a written contract with the lowest responsive and | 6177 |
| responsible bidder in accordance with section 9.312 of the Revised | 6178 |
| Code after advertisement for not less than two consecutive weeks | 6179 |
| in a newspaper of general circulation in the county where such | 6180 |
| contract, or some substantial part of it, is to be performed, and | 6181 |
| in such other publications as the director determines, which | 6182 |
| notice shall state the general character of the work and the | 6183 |
| general character of the materials to be furnished, the place | 6184 |
| where plans and specifications therefor may be examined, and the | 6185 |
| time and place of receiving bids. | 6186 |
| (b) Each bid for a contract for the construction, demolition, | 6187 |
| alteration, repair, or reconstruction of an improvement shall | 6188 |
| contain the full name of every person interested in it and meet | 6189 |
| the requirements of section 153.54 of the Revised Code. | 6190 |
| (c) Each bid for a contract, except as provided in division | 6191 |
| (B)(6)(b) of this section, shall contain the full name of every | 6192 |
| person interested in it and shall be accompanied by bond or | 6193 |
| certified check on a solvent bank, in such amount as the director | 6194 |
| considers sufficient, that if the bid is accepted a contract will | 6195 |
| be entered into and the performance of the proposal secured. | 6196 |
| (d) The director may reject any and all bids. | 6197 |
| (e) A bond with good and sufficient surety, approved by the | 6198 |
| director, shall be required of every contractor awarded a contract | 6199 |
| except as provided in division (B)(6)(b) of this section, in an | 6200 |
| amount equal to at least fifty per cent of the contract price, | 6201 |
| conditioned upon faithful performance of the contract. | 6202 |
| (7) Employ or contract with financial consultants, | 6203 |
| appraisers, consulting engineers, superintendents, managers, | 6204 |
| construction and accounting experts, attorneys, and other | 6205 |
| employees and agents as are necessary in the director's judgment | 6206 |
| and fix their compensation; | 6207 |
| (8) Receive and accept grants, gifts, and contributions of | 6208 |
| money, property, labor, and other things of value to be held, | 6209 |
| used, and applied only
for the purpose for which | 6210 |
| gifts, and contributions are made, from individuals, private and | 6211 |
| public corporations, from the United States or any agency thereof, | 6212 |
| from the state or any agency thereof, and from any political | 6213 |
| subdivision of the state, and may agree to repay any contribution | 6214 |
| of money or to return any property contributed or the value | 6215 |
|
thereof at such times, in | 6216 |
| conditions, excluding the payment of interest, as the director | 6217 |
| determines at the time | 6218 |
| evidence | 6219 |
| instruments; | 6220 |
| (9) Establish with the treasurer of state the funds provided | 6221 |
| in sections 122.80 and 122.88 of the Revised Code in addition to | 6222 |
| such funds as the director determines are necessary or proper; | 6223 |
| (10) Adopt rules under Chapter 119. of the Revised Code | 6224 |
|
necessary to implement
sections 122.71 to | 6225 |
| Revised Code. | 6226 |
| (11) Do all acts and things necessary or proper to carry out | 6227 |
| the powers expressly granted and the duties imposed in sections | 6228 |
| 122.71 to | 6229 |
| (C)(1) All expenses and obligations incurred by the director | 6230 |
| in carrying out the director's powers and in exercising the | 6231 |
|
director's duties under sections
122.71 to | 6232 |
| Revised Code shall be payable solely from revenues or other | 6233 |
| receipts or income of the director, from grants, gifts, and | 6234 |
| contributions, or funds established in accordance with such | 6235 |
| sections. Such sections do not authorize the director to incur | 6236 |
| indebtedness or to impose liability on the state or any political | 6237 |
| subdivision of the state. | 6238 |
| (2) Financial statements and other data submitted to the | 6239 |
| director by any corporation, partnership, or person in connection | 6240 |
| with financial assistance
provided under sections 122.71 to | 6241 |
| 122.90 of the Revised Code, or any information taken from such | 6242 |
| statements or data for any purpose, shall not be open to public | 6243 |
| inspection. | 6244 |
| Sec. 122.75. The director of development shall, for the | 6245 |
|
minority business development loan program | 6246 |
| business bonding program, and the minority business bond guarantee | 6247 |
| program under sections 122.87 to | 6248 |
| Code, do all of the following: | 6249 |
| (A) Hire employees, consultants, and agents and fix their | 6250 |
| compensation; | 6251 |
| (B) Adopt bylaws and rules for the regulation of the business | 6252 |
| of the minority development financing advisory board; | 6253 |
| (C) Receive and accept grants, gifts, and contributions of | 6254 |
| money, property, labor, and other things of value, to be held, | 6255 |
| used, and applied only for the purpose for which the grants, | 6256 |
| gifts, and contributions are made, from individuals, private and | 6257 |
| public corporations, the United States or any agency of the United | 6258 |
| States, the state or any agency of the state, and any political | 6259 |
| subdivision of the state. The director may agree to repay any | 6260 |
| contribution of money or to return any property contributed or its | 6261 |
| value at such times,
in | 6262 |
| conditions, excluding the payment of interest, as the director | 6263 |
| determines at the time the contribution is made. The director may | 6264 |
| evidence the obligations by written contracts, subject to section | 6265 |
| 122.76 of the Revised Code; provided, that the director shall not | 6266 |
| thereby incur indebtedness of or impose liability upon the state | 6267 |
| or any political subdivision. | 6268 |
| (D) Establish funds with the treasurer of state in addition | 6269 |
| to the minority business bonding fund created under section 122.88 | 6270 |
| of the Revised Code; | 6271 |
| (E) Invest money in the funds the director establishes | 6272 |
| pursuant to division (D) of this section that is in excess of | 6273 |
| current needs, in notes, bonds, or other obligations that are | 6274 |
| direct obligations of or are guaranteed by the United States, or | 6275 |
| in certificates of deposit or withdrawable accounts of banks, | 6276 |
| trust companies, | 6277 |
| under the laws of this state or the United States, and may credit | 6278 |
| the income or sell the investments at the director's discretion; | 6279 |
| (F) Acquire any property of any kind or character in | 6280 |
| accordance with sections 122.71 to 122.83 of the Revised Code, by | 6281 |
| purchase, purchase at foreclosure, or exchange on terms and in a | 6282 |
| manner the director considers proper; | 6283 |
| (G)(1) Maintain, protect, repair, improve, and insure any | 6284 |
| property the director has acquired and dispose of it by sale, | 6285 |
| exchange, or lease for the consideration and on terms and in a | 6286 |
| manner the director considers proper. The director may not operate | 6287 |
| any property as a business except as a lessor of the property. | 6288 |
| When the cost of any contract for the maintenance, protection, | 6289 |
| repair, or improvement of any property of the advisory board | 6290 |
| connected with the minority business development loan program, | 6291 |
| other than compensation for personal services, involves an | 6292 |
| expenditure of more than one thousand dollars, the director shall | 6293 |
| enter into a written contract with the lowest and best bidder | 6294 |
| after advertisement for not less than four consecutive weeks in a | 6295 |
| newspaper of general circulation in the county where the contract, | 6296 |
| or some substantial part of it, is to be performed, and in other | 6297 |
| publications as the director determines. The notice shall state | 6298 |
| the general character of the work and the general character of the | 6299 |
| materials to be furnished, the place where plans and | 6300 |
| specifications for the work and materials may be examined, and the | 6301 |
| time and place of receiving bids. | 6302 |
| (2) Each bid for a contract for the construction, demolition, | 6303 |
| alteration, repair, or reconstruction of an improvement shall | 6304 |
| contain the full name of every person interested in it and meet | 6305 |
| the requirements of section 153.54 of the Revised Code. | 6306 |
| (3) Each bid for a contract, except as provided in division | 6307 |
| (G)(2) of this section, shall contain the full name of every | 6308 |
| person interested in it and shall be accompanied by a bond or | 6309 |
| certified check on a solvent bank, in the amount of ten per cent | 6310 |
| of the bid, that if the bid is accepted a contract will be entered | 6311 |
| into and the performance of its proposal secured. The director may | 6312 |
| reject any or all bids. A bond with good and sufficient surety, | 6313 |
| approved by the director, shall be required of all contractors in | 6314 |
| an amount equal to at least one hundred per cent of the contract | 6315 |
| price, conditioned upon faithful performance of the contract. | 6316 |
| (H) Expend money appropriated to the department of | 6317 |
| development by the general assembly for the purposes of sections | 6318 |
|
122.71 to 122.83 and 122.87 to | 6319 |
| (I) Do all acts and things necessary or proper to carry out | 6320 |
| the powers expressly granted and the duties imposed in sections | 6321 |
| 122.71 to 122.83 and 122.87 to | 6322 |
| Sec. 122.751. The minority development financing advisory | 6323 |
| board or a regional economic development entity shall only | 6324 |
| consider an application for a loan from any applicant after a | 6325 |
| certification by the equal employment opportunity coordinator of | 6326 |
| the department of administrative services under division (B)(1) of | 6327 |
| section 123.151 of the Revised Code that the applicant is a | 6328 |
| minority business enterprise, or after a certification by the | 6329 |
| minority business supplier development council that the applicant | 6330 |
| is a minority business, and that the applicant satisfies all | 6331 |
| criteria regarding eligibility for assistance pursuant to section | 6332 |
| 122.76 of the Revised Code. | 6333 |
| Sec. 122.76. (A) The director of development, with | 6334 |
| controlling board approval, may lend funds to minority business | 6335 |
| enterprises and to community improvement corporations, Ohio | 6336 |
| development corporations, minority contractors business assistance | 6337 |
| organizations, and minority business supplier development councils | 6338 |
| for the purpose of loaning funds to minority business enterprises | 6339 |
| and for the purpose of procuring or improving real or personal | 6340 |
| property, or both, for the establishment, location, or expansion | 6341 |
| of industrial, distribution, commercial, or research facilities in | 6342 |
| the state, if the director determines, in the director's sole | 6343 |
| discretion, that all of the following apply: | 6344 |
| (1) The project is economically sound and will benefit the | 6345 |
| people of the state by increasing opportunities for employment, by | 6346 |
| strengthening the economy of the state, or expanding minority | 6347 |
| business enterprises. | 6348 |
| (2) The proposed minority business enterprise borrower is | 6349 |
| unable to finance the proposed project through ordinary financial | 6350 |
| channels at comparable terms. | 6351 |
| (3) The value of the project is or, upon completion, will be | 6352 |
| at least equal to the total amount of the money expended in the | 6353 |
| procurement or improvement of the project, and one or more | 6354 |
| financial institutions or other governmental entities have loaned | 6355 |
| not less than thirty per cent of that amount. | 6356 |
| (4) The amount to be loaned by the director will not exceed | 6357 |
| sixty per cent of the total amount expended in the procurement or | 6358 |
| improvement of the project. | 6359 |
| (5) The amount to be loaned by the director will be | 6360 |
| adequately secured by a first or second mortgage upon the project | 6361 |
| or by mortgages, leases, liens, assignments, or pledges on or of | 6362 |
| other property or contracts as the director requires, and such | 6363 |
| mortgage will not be subordinate to any other liens or mortgages | 6364 |
| except the liens securing loans or investments made by financial | 6365 |
| institutions referred to in division (A)(3) of this section, and | 6366 |
| the liens securing loans previously made by any financial | 6367 |
| institution in connection with the procurement or expansion of all | 6368 |
| or part of a project. | 6369 |
| (B) Any proposed minority business enterprise borrower | 6370 |
| submitting an application for assistance under this section shall | 6371 |
| not have defaulted on a previous loan from the director, and no | 6372 |
| full or limited partner, major shareholder, or holder of an equity | 6373 |
| interest of the proposed minority business enterprise borrower | 6374 |
| shall have defaulted on a loan from the director. | 6375 |
| (C) The proposed minority business enterprise borrower shall | 6376 |
| demonstrate to the satisfaction of the director that it is able to | 6377 |
| successfully compete in the private sector if it obtains the | 6378 |
| necessary financial, technical, or managerial support and that | 6379 |
| support is available through the director, the minority business | 6380 |
| development office of the department of development, or other | 6381 |
| identified and acceptable sources. In determining whether a | 6382 |
| minority business enterprise borrower will be able to successfully | 6383 |
| compete, the director may give consideration to such factors as | 6384 |
| the successful completion of or participation in courses of study, | 6385 |
| recognized by the board of regents as providing financial, | 6386 |
| technical, or managerial skills related to the operation of the | 6387 |
| business, by the economically disadvantaged individual, owner, or | 6388 |
| partner, and the prior success of the individual, owner, or | 6389 |
| partner in personal, career, or business activities, as well as to | 6390 |
| other factors identified by the director. | 6391 |
| (D) The director shall not lend funds for the purpose of | 6392 |
|
procuring or improving motor vehicles | 6393 |
| 6394 | |
| 6395 |
| Sec. 122.77. (A) The director of development with | 6396 |
| controlling board approval may make loan guarantees to small | 6397 |
| businesses and corporations for the purpose of guaranteeing loans | 6398 |
| made to small businesses by financial institutions for the purpose | 6399 |
| of procuring or improving real or personal property, or both, for | 6400 |
| the establishment, location, or expansion of industrial, | 6401 |
| distribution, commercial, or research facilities in the state, if | 6402 |
| the director determines,
in | 6403 |
| that all of the following apply: | 6404 |
| (1) The project is economically sound and will benefit the | 6405 |
| people of the state by increasing opportunities for employment, by | 6406 |
| strengthening the economy of the state, or expanding minority | 6407 |
| business enterprises | 6408 |
| (2) The proposed small business borrower is unable to finance | 6409 |
| the proposed project through ordinary financial channels at | 6410 |
| comparable terms | 6411 |
| (3) The value of the project is, or upon completion of it | 6412 |
| will be, at least equal to the total amount of the money expended | 6413 |
| in the procurement or improvement of the project and of which | 6414 |
| amount one or more financial institutions or other governmental | 6415 |
| entities have loaned not less than thirty
per cent | 6416 |
| (4) The amount to be guaranteed by the director will not | 6417 |
| exceed | 6418 |
| procurement or improvement of the
project | 6419 |
| (5) The amount to be guaranteed by the director will be | 6420 |
| adequately secured by a first or second mortgage upon the project, | 6421 |
| or by mortgages, leases, liens, assignments, or pledges on or of | 6422 |
| other property or contracts as the director shall require and that | 6423 |
| such mortgage will not be subordinate to any other liens or | 6424 |
| mortgages except the liens securing loans or investments made by | 6425 |
| financial institutions referred to in division (A)(3) of this | 6426 |
| section, and the liens securing loans previously made by any | 6427 |
| financial institution in connection with the procurement or | 6428 |
| expansion of all or part of a project. | 6429 |
| (B) The proposed small business borrower shall not have | 6430 |
| defaulted on a previous loan or guarantee from the director, and | 6431 |
| no full or limited partner, or major shareholder, or holder of any | 6432 |
| equity interest of the proposed minority business enterprise | 6433 |
| borrower shall have defaulted on a loan or guarantee from the | 6434 |
| director. | 6435 |
| (C) The proposed small business borrower shall demonstrate to | 6436 |
| the satisfaction of the director that it is able to successfully | 6437 |
| compete in the private sector if it obtains the necessary | 6438 |
| financial, technical, or managerial support and that support is | 6439 |
| available through the director, the minority business development | 6440 |
| office of the department of development, or other identified and | 6441 |
| acceptable sources. In determining whether a small business | 6442 |
| borrower will be able to successfully compete, the director may | 6443 |
| give consideration to such factors as the successful completion of | 6444 |
| or participation in courses of study, recognized by the board of | 6445 |
| regents as providing financial, technical, or managerial skills | 6446 |
| related to the operation of the business, by the economically | 6447 |
| disadvantaged individual, owner, or partner, and the prior success | 6448 |
| of the individual, owner, or partner in personal, career, or | 6449 |
| business activities, as well as to other factors identified by the | 6450 |
| director. | 6451 |
| (D) The director shall not guarantee funds for the purpose of | 6452 |
|
procuring or improving motor vehicles | 6453 |
| 6454 | |
| 6455 |
| Sec. 122.78. Fees, charges, rates of interest, times of | 6456 |
| payment of interest and principal, and other terms, conditions, | 6457 |
| and provisions of the loans and guarantees made by the director of | 6458 |
|
development pursuant to sections 122.71 to | 6459 |
| Revised Code shall be such as the director determines to be | 6460 |
| appropriate and in furtherance of the purpose for which the loans | 6461 |
| and guarantees are made, but the mortgage lien securing any money | 6462 |
| loaned or guaranteed by the director may be subordinate to the | 6463 |
| mortgage lien securing any money loaned or invested by a financial | 6464 |
| institution, but shall be superior to that securing any money | 6465 |
| loaned or expended by any other corporation or person. The funds | 6466 |
| used in making these loans or guarantees shall be disbursed upon | 6467 |
| order of the director. | 6468 |
| Sec. 122.79. The exercise of the powers granted by sections | 6469 |
| 122.71 to | 6470 |
| respects for the benefit of the people of the state, for the | 6471 |
| increase of their commerce and prosperity, for the increase and | 6472 |
| expansion of minority business enterprises, and for the | 6473 |
| improvement of conditions of employment, and will constitute the | 6474 |
| performance of essential governmental functions; therefore, the | 6475 |
| director of development shall not be required to pay any taxes | 6476 |
| upon any property or assets held by | 6477 |
| property acquired or used by | 6478 |
| 122.71 to | 6479 |
| from it, provided that this exemption shall not apply to any | 6480 |
| property held by the director while it is in the possession of a | 6481 |
| private person, partnership, or corporation and used for private | 6482 |
| purposes for profit, in which case such tax liability shall accrue | 6483 |
|
to | 6484 |
| Sec. 122.82. All moneys, funds, properties, and assets | 6485 |
| acquired by the
director of development shall be held by | 6486 |
| director in
trust to carry out | 6487 |
| duties, shall be used as provided in sections 122.71
to | 6488 |
| 122.90 of the Revised Code, and shall at no time be part of other | 6489 |
| public funds. | 6490 |
| Sec. 122.83. Any person who intentionally misrepresents that | 6491 |
| person's self as owning, controlling, operating, or participating | 6492 |
| in a minority business enterprise for the purpose of obtaining | 6493 |
| funds, contracts, subcontracts, services, or any other benefits | 6494 |
| under sections 122.71 to 122.85 or 122.87 to
| 6495 |
| Revised Code is guilty of theft by deception, pursuant to section | 6496 |
| 2913.02 of the Revised Code. | 6497 |
| Sec. 122.95. As used in sections 122.95 to 122.952 of the | 6498 |
| Revised Code: | 6499 |
| (A) "Commercial or industrial areas" means areas | 6500 |
| 6501 | |
| industrial by the local zoning authority | 6502 |
| 6503 | |
| 6504 | |
| is located one or more commercial or industrial activities. | 6505 |
| (B) "Eligible county" means any of the following: | 6506 |
| (1) A county designated as being in the "Appalachian region" | 6507 |
| under the "Appalachian Regional Development Act of 1965," 79 Stat. | 6508 |
| 5, 40 U.S.C. App. 403; | 6509 |
| (2) A county that is a "distressed area" as defined in | 6510 |
| section 122.16 of the Revised Code; | 6511 |
| (3) A county that within the previous calendar year has had a | 6512 |
| 6513 | |
| 6514 | |
| 6515 | |
| 6516 | |
| 6517 | |
| 6518 |
| | 6519 |
| 6520 | |
| 6521 | |
| 6522 | |
| 6523 | |
| 6524 | |
| numbering two hundred or more of which one hundred or more are | 6525 |
| manufacturing-related as reported in the notices prepared by the | 6526 |
| department of job and family services pursuant to the "Worker | 6527 |
| Adjustment and Retraining Notification Act," 102 Stat. 890 (1988), | 6528 |
| 29 U.S.C. 2101 et seq., as amended. | 6529 |
| Sec. 122.951. (A) If the director of development determines | 6530 |
| that a grant from the industrial site improvement fund | 6531 |
| create new jobs or preserve existing jobs and employment | 6532 |
| opportunities in an eligible county, the director may grant up to | 6533 |
| 6534 | |
| eligible county for the purpose of acquiring commercial or | 6535 |
| industrial land or buildings and making improvements to commercial | 6536 |
| or industrial areas within the eligible county, including, but not | 6537 |
| limited to: | 6538 |
| (1) Expanding, remodeling, renovating, and modernizing | 6539 |
| buildings, structures, and other improvements; | 6540 |
| (2) Remediating environmentally contaminated property on | 6541 |
| which hazardous substances exist under conditions that have caused | 6542 |
| or would cause the property to be identified as contaminated by | 6543 |
| the Ohio or United States environmental protection agency; and | 6544 |
| (3) Infrastructure improvements, including, but not limited | 6545 |
| to, site preparation, including building demolition and removal; | 6546 |
| streets, roads, bridges, and traffic control devices; parking lots | 6547 |
| and facilities; water and sewer lines and treatment plants; gas, | 6548 |
| electric, and telecommunications, including broadband, hook-ups; | 6549 |
| and water and railway access improvements. | 6550 |
| A grant awarded under this section shall provide not more | 6551 |
| than seventy-five per cent of the estimated total cost of the | 6552 |
| project for which an application is submitted under this section. | 6553 |
| In addition, not more than ten per cent of the amount of the grant | 6554 |
| shall be used to pay the costs of professional services related to | 6555 |
| the project. | 6556 |
| (B) An eligible county may apply to the director for a grant | 6557 |
| under this section in the form and manner prescribed by the | 6558 |
| director. The eligible county shall include on the application all | 6559 |
| information required by the director. The application shall | 6560 |
| require the eligible county to provide a detailed description of | 6561 |
| how the eligible county would use a grant to improve commercial or | 6562 |
| industrial areas within the eligible county, and to specify how a | 6563 |
| grant will lead to the creation of new jobs or the preservation of | 6564 |
| existing jobs and employment opportunities in the eligible county. | 6565 |
| The eligible county shall specify in the application the amount of | 6566 |
| the grant for which the eligible county is applying. | 6567 |
| (C) An eligible county that receives a grant under this | 6568 |
| section is not eligible for any additional grants from the | 6569 |
| industrial site improvement fund in the fiscal year in which the | 6570 |
| grant is received and in the subsequent fiscal year. | 6571 |
| (D) An eligible county may designate a port authority, | 6572 |
| community improvement corporation as defined in section 122.71 of | 6573 |
| the Revised Code, or other economic development entity that is | 6574 |
| located in the county to apply for a grant under this section. If | 6575 |
| a port authority, community improvement corporation, or other | 6576 |
| economic development entity is so designated, references to an | 6577 |
| eligible county in this section include references to the | 6578 |
| authority, corporation, or other entity. | 6579 |
| Sec. 123.01. (A) The department of administrative services, | 6580 |
| in addition to those powers enumerated in Chapters 124. and 125. | 6581 |
| of the Revised Code and provided elsewhere by law, shall exercise | 6582 |
| the following powers: | 6583 |
| (1) To prepare, or contract to be prepared, by licensed | 6584 |
| engineers or architects, surveys, general and detailed plans, | 6585 |
| specifications, bills of materials, and estimates of cost for any | 6586 |
| projects, improvements, or public buildings to be constructed by | 6587 |
| state agencies that may be authorized by legislative | 6588 |
| appropriations or any other funds made available therefor, | 6589 |
| provided that the construction of the projects, improvements, or | 6590 |
| public buildings is a statutory duty of the department. This | 6591 |
| section does not require the independent employment of an | 6592 |
| architect or engineer as provided by section 153.01 of the Revised | 6593 |
| Code in the cases to which that section applies nor affect or | 6594 |
| alter the existing powers of the director of transportation. | 6595 |
| (2) To have general supervision over the construction of any | 6596 |
| projects, improvements, or public buildings constructed for a | 6597 |
| state agency and over the inspection of materials previous to | 6598 |
| their incorporation into those projects, improvements, or | 6599 |
| buildings; | 6600 |
| (3) To make contracts for and supervise the construction of | 6601 |
| any projects and improvements or the construction and repair of | 6602 |
| buildings under the control of a state agency, except contracts | 6603 |
| for the repair of buildings under the management and control of | 6604 |
| the departments of public safety, job and family services, mental | 6605 |
| health, mental retardation and developmental disabilities, | 6606 |
| rehabilitation and correction, and youth services, the bureau of | 6607 |
| workers' compensation, the rehabilitation services commission, and | 6608 |
| boards of trustees of educational and benevolent institutions and | 6609 |
| except contracts for the construction of projects that do not | 6610 |
| require the issuance of a building permit or the issuance of a | 6611 |
| certificate of occupancy and that are necessary to remediate | 6612 |
| conditions at a hazardous waste facility, solid waste facility, or | 6613 |
| other location at which the director of environmental protection | 6614 |
| has reason to believe there is a substantial threat to public | 6615 |
| health or safety or the environment. These contracts shall be made | 6616 |
| and entered into by the directors of public safety, job and family | 6617 |
| services, mental health, mental retardation and developmental | 6618 |
| disabilities, rehabilitation and correction, and youth services, | 6619 |
| the administrator of workers' compensation, the rehabilitation | 6620 |
| services commission,
| 6621 |
| institutions, and the director of environmental protection, | 6622 |
| respectively. All such contracts may be in whole or in part on | 6623 |
| unit price basis of maximum estimated cost, with payment computed | 6624 |
| and made upon actual quantities or units. | 6625 |
| (4) To prepare and suggest comprehensive plans for the | 6626 |
| development of grounds and buildings under the control of a state | 6627 |
| agency; | 6628 |
| (5) To acquire, by purchase, gift, devise, lease, or grant, | 6629 |
| all real estate required by a state agency, in the exercise of | 6630 |
| which power the department may exercise the power of eminent | 6631 |
| domain, in the manner provided by sections 163.01 to 163.22 of the | 6632 |
| Revised Code; | 6633 |
| (6) To make and provide all plans, specifications, and models | 6634 |
| for the construction and perfection of all systems of sewerage, | 6635 |
| drainage, and plumbing for the state in connection with buildings | 6636 |
| and grounds under the control of a state agency; | 6637 |
| (7) To erect, supervise, and maintain all public monuments | 6638 |
| and memorials erected by the state, except where the supervision | 6639 |
| and maintenance is otherwise provided by law; | 6640 |
| (8) To procure, by lease, storage accommodations for a state | 6641 |
| agency; | 6642 |
| (9) To lease or grant easements or licenses for unproductive | 6643 |
| and unused lands or other property under the control of a state | 6644 |
| agency. Such leases, easements, or licenses shall be granted for a | 6645 |
| period not to exceed fifteen years and shall be executed for the | 6646 |
| state by the director of administrative services and the governor | 6647 |
| and shall be approved as to form by the attorney general, provided | 6648 |
| that leases, easements, or licenses may be granted to any county, | 6649 |
| township, municipal corporation, port authority, water or sewer | 6650 |
| district, school district, library district, health district, park | 6651 |
| district, soil and water conservation district, conservancy | 6652 |
| district, or other political subdivision or taxing district, or | 6653 |
| any agency of the United States government, for the exclusive use | 6654 |
| of that agency, political subdivision, or taxing district, without | 6655 |
| any right of sublease or assignment, for a period not to exceed | 6656 |
| fifteen years, and provided that the director shall grant leases, | 6657 |
| easements, or licenses of university land for periods not to | 6658 |
| exceed twenty-five years for purposes approved by the respective | 6659 |
| university's board of trustees wherein the uses are compatible | 6660 |
| with the uses and needs of the university and may grant leases of | 6661 |
| university land for periods not to exceed forty years for purposes | 6662 |
| approved by the respective university's board of trustees pursuant | 6663 |
| to section 123.77 of the Revised Code. | 6664 |
| (10) To lease office space in buildings for the use of a | 6665 |
| state agency; | 6666 |
| (11) To have general supervision and care of the storerooms, | 6667 |
| offices, and buildings leased for the use of a state agency; | 6668 |
| (12) To exercise general custodial care of all real property | 6669 |
| of the state; | 6670 |
| (13) To assign and group together state offices in any city | 6671 |
| in the state and to establish, in cooperation with the state | 6672 |
| agencies involved, rules governing space requirements for office | 6673 |
| or storage use; | 6674 |
| (14) To lease for a period not to exceed forty years, | 6675 |
| pursuant to a contract providing for the construction thereof | 6676 |
| under a lease-purchase plan, buildings, structures, and other | 6677 |
| improvements for any public purpose, and, in conjunction | 6678 |
| therewith, to grant leases, easements, or licenses for lands under | 6679 |
| the control of a state agency for a period not to exceed forty | 6680 |
| years. The lease-purchase plan shall provide that at the end of | 6681 |
| the lease period, the buildings, structures, and related | 6682 |
| improvements, together with the land on which they are situated, | 6683 |
| shall become the property of the state without cost. | 6684 |
| (a) Whenever any building, structure, or other improvement is | 6685 |
| to be so leased by a state agency, the department shall retain | 6686 |
| either basic plans, specifications, bills of materials, and | 6687 |
| estimates of cost with sufficient detail to afford bidders all | 6688 |
| needed information or, alternatively, all of the following plans, | 6689 |
| details, bills of materials, and specifications: | 6690 |
| (i) Full and accurate plans suitable for the use of mechanics | 6691 |
| and other builders in the improvement; | 6692 |
| (ii) Details to scale and full sized, so drawn and | 6693 |
| represented as to be easily understood; | 6694 |
| (iii) Accurate bills showing the exact quantity of different | 6695 |
| kinds of material necessary to the construction; | 6696 |
| (iv) Definite and complete specifications of the work to be | 6697 |
| performed, together with such directions as will enable a | 6698 |
| competent mechanic or other builder to carry them out and afford | 6699 |
| bidders all needed information; | 6700 |
| (v) A full and accurate estimate of each item of expense and | 6701 |
| of the aggregate cost thereof. | 6702 |
| (b) The department shall give public notice, in such | 6703 |
| newspaper, in such form, and with such phraseology as the director | 6704 |
| of administrative services prescribes, published once each week | 6705 |
| for four consecutive weeks, of the time when and place where bids | 6706 |
| will be received for entering into an agreement to lease to a | 6707 |
| state agency a building, structure, or other improvement. The last | 6708 |
| publication shall be at least eight days preceding the day for | 6709 |
| opening the bids. The bids shall contain the terms upon which the | 6710 |
| builder would propose to lease the building, structure, or other | 6711 |
| improvement to the state agency. The form of the bid approved by | 6712 |
| the department shall be used, and a bid is invalid and shall not | 6713 |
| be considered unless that form is used without change, alteration, | 6714 |
| or addition. Before submitting bids pursuant to this section, any | 6715 |
| builder shall comply with Chapter 153. of the Revised Code. | 6716 |
| (c) On the day and at the place named for receiving bids for | 6717 |
| entering into lease agreements with a state agency, the director | 6718 |
| of administrative services shall open the bids and shall publicly | 6719 |
| proceed immediately to tabulate the bids upon duplicate sheets. No | 6720 |
| lease agreement shall be entered into until the bureau of workers' | 6721 |
| compensation has certified that the person to be awarded the lease | 6722 |
| agreement has complied with Chapter 4123. of the Revised Code, | 6723 |
| until, if the builder submitting the lowest and best bid is a | 6724 |
| foreign corporation, the secretary of state has certified that the | 6725 |
| corporation is authorized to do business in this state, until, if | 6726 |
| the builder submitting the lowest and best bid is a person | 6727 |
| nonresident of this state, the person has filed with the secretary | 6728 |
| of state a power of attorney designating the secretary of state as | 6729 |
| its agent for the purpose of accepting service of summons in any | 6730 |
| action brought under Chapter 4123. of the Revised Code, and until | 6731 |
| the agreement is submitted to the attorney general and the | 6732 |
| attorney general's approval is certified thereon. Within thirty | 6733 |
| days after the day on which the bids are received, the department | 6734 |
| shall investigate the bids received and shall determine that the | 6735 |
| bureau and the secretary of state have made the certifications | 6736 |
| required by this section of the builder who has submitted the | 6737 |
| lowest and best bid. Within ten days of the completion of the | 6738 |
| investigation of the bids, the department shall award the lease | 6739 |
| agreement to the builder who has submitted the lowest and best bid | 6740 |
| and who has been certified by the bureau and secretary of state as | 6741 |
| required by this section. If bidding for the lease agreement has | 6742 |
| been conducted upon the basis of basic plans, specifications, | 6743 |
| bills of materials, and estimates of costs, upon the award to the | 6744 |
| builder the department, or the builder with the approval of the | 6745 |
| department, shall appoint an architect or engineer licensed in | 6746 |
| this state to prepare such further detailed plans, specifications, | 6747 |
| and bills of materials as are required to construct the building, | 6748 |
| structure, or improvement. The department shall adopt such rules | 6749 |
| as are necessary to give effect to this section. The department | 6750 |
| may reject any bid. Where there is reason to believe there is | 6751 |
| collusion or combination among bidders, the bids of those | 6752 |
| concerned therein shall be rejected. | 6753 |
| (15) To acquire by purchase, gift, devise, or grant and to | 6754 |
| transfer, lease, or otherwise dispose of all real property | 6755 |
| required to assist in the development of a conversion facility as | 6756 |
| defined in section 5709.30 of the Revised Code as that section | 6757 |
| existed before its repeal by Amended Substitute House Bill 95 of | 6758 |
| the 125th general assembly; | 6759 |
| (16) To lease for a period not to exceed forty years, | 6760 |
| notwithstanding any other division of this section, the | 6761 |
| state-owned property located at 408-450 East Town Street, | 6762 |
| Columbus, Ohio, formerly the state school for the deaf, to a | 6763 |
| developer in accordance with this section. "Developer," as used in | 6764 |
| this section, has the same meaning as in section 123.77 of the | 6765 |
| Revised Code. | 6766 |
| Such a lease shall be for the purpose of development of the | 6767 |
| land for use by senior citizens by constructing, altering, | 6768 |
| renovating, repairing, expanding, and improving the site as it | 6769 |
| existed on June 25, 1982. A developer desiring to lease the land | 6770 |
| shall prepare for submission to the department a plan for | 6771 |
| development. Plans shall include provisions for roads, sewers, | 6772 |
| water lines, waste disposal, water supply, and similar matters to | 6773 |
| meet the requirements of state and local laws. The plans shall | 6774 |
| also include provision for protection of the property by insurance | 6775 |
| or otherwise, and plans for financing the development, and shall | 6776 |
| set forth details of the developer's financial responsibility. | 6777 |
| The department may employ, as employees or consultants, | 6778 |
| persons needed to assist in reviewing the development plans. Those | 6779 |
| persons may include attorneys, financial experts, engineers, and | 6780 |
| other necessary experts. The department shall review the | 6781 |
| development plans and may enter into a lease if it finds all of | 6782 |
| the following: | 6783 |
| (a) The best interests of the state will be promoted by | 6784 |
| entering into a lease with the developer; | 6785 |
| (b) The development plans are satisfactory; | 6786 |
| (c) The developer has established the developer's financial | 6787 |
| responsibility and satisfactory plans for financing the | 6788 |
| development. | 6789 |
| The lease shall contain a provision that construction or | 6790 |
| renovation of the buildings, roads, structures, and other | 6791 |
| necessary facilities shall begin within one year after the date of | 6792 |
| the lease and shall proceed according to a schedule agreed to | 6793 |
| between the department and the developer or the lease will be | 6794 |
| terminated. The lease shall contain such conditions and | 6795 |
| stipulations as the director considers necessary to preserve the | 6796 |
| best interest of the state. Moneys received by the state pursuant | 6797 |
| to this lease shall be paid into the general revenue fund. The | 6798 |
| lease shall provide that at the end of the lease period the | 6799 |
| buildings, structures, and related improvements shall become the | 6800 |
| property of the state without cost. | 6801 |
| (17) To lease to any person any tract of land owned by the | 6802 |
| state and under the control of the department, or any part of such | 6803 |
| a tract, for the purpose of drilling for or the pooling of oil or | 6804 |
| gas. Such a lease shall be granted for a period not exceeding | 6805 |
| forty years, with the full power to contract for, determine the | 6806 |
| conditions governing, and specify the amount the state shall | 6807 |
| receive for the purposes specified in the lease, and shall be | 6808 |
| prepared as in other cases. | 6809 |
| (18) To manage the use of space owned and controlled by the | 6810 |
| department, including space in property under the jurisdiction of | 6811 |
| the Ohio building authority, by doing all of the following: | 6812 |
| (a) Biennially implementing, by state agency location, a | 6813 |
| census of agency employees assigned space; | 6814 |
| (b) Periodically in the discretion of the director of | 6815 |
| administrative services: | 6816 |
| (i) Requiring each state agency to categorize the use of | 6817 |
| space allotted to the agency between office space, common areas, | 6818 |
| storage space, and other uses, and to report its findings to the | 6819 |
| department; | 6820 |
| (ii) Creating and updating a master space utilization plan | 6821 |
| for all space allotted to state agencies. The plan shall | 6822 |
| incorporate space utilization metrics. | 6823 |
| (iii) Conducting a cost-benefit analysis to determine the | 6824 |
| effectiveness of state-owned buildings; | 6825 |
| (iv) Assessing the alternatives associated with consolidating | 6826 |
| the commercial leases for buildings located in Columbus. | 6827 |
| (c) Commissioning a comprehensive space utilization and | 6828 |
| capacity study in order to determine the feasibility of | 6829 |
| consolidating existing commercially leased space used by state | 6830 |
| agencies into a new state-owned facility. | 6831 |
| (B) This section and section 125.02 of the Revised Code shall | 6832 |
| not interfere with any of the following: | 6833 |
| (1) The power of the adjutant general to purchase military | 6834 |
| supplies, or with the custody of the adjutant general of property | 6835 |
| leased, purchased, or constructed by the state and used for | 6836 |
| military purposes, or with the functions of the adjutant general | 6837 |
| as director of state armories; | 6838 |
| (2) The power of the director of transportation in acquiring | 6839 |
| rights-of-way for the state highway system, or the leasing of | 6840 |
| lands for division or resident district offices, or the leasing of | 6841 |
| lands or buildings required in the maintenance operations of the | 6842 |
| department of transportation, or the purchase of real property for | 6843 |
| garage sites or division or resident district offices, or in | 6844 |
| preparing plans and specifications for and constructing such | 6845 |
| buildings as the director may require in the administration of the | 6846 |
| department; | 6847 |
| (3) The power of the director of public safety and the | 6848 |
| registrar of motor vehicles to purchase or lease real property and | 6849 |
| buildings to be used solely as locations to which a deputy | 6850 |
| registrar is assigned pursuant to division (B) of section 4507.011 | 6851 |
| of the Revised Code and from which the deputy registrar is to | 6852 |
| conduct the deputy registrar's business, the power of the director | 6853 |
| of public safety to purchase or lease real property and buildings | 6854 |
| to be used as locations for division or district offices as | 6855 |
| required in the maintenance of operations of the department of | 6856 |
| public safety, and the power of the superintendent of the state | 6857 |
| highway patrol in the purchase or leasing of real property and | 6858 |
| buildings needed by the patrol, to negotiate the sale of real | 6859 |
| property owned by the patrol, to rent or lease real property owned | 6860 |
| or leased by the patrol, and to make or cause to be made repairs | 6861 |
| to all property owned or under the control of the patrol; | 6862 |
| (4) The power of the division of liquor control in the | 6863 |
| leasing or purchasing of retail outlets and warehouse facilities | 6864 |
| for the use of the division; | 6865 |
| (5) The power of the director of development to enter into | 6866 |
| leases of real property, buildings, and office space to be used | 6867 |
| solely as locations for the state's foreign offices to carry out | 6868 |
| the purposes of section 122.05 of the Revised Code; | 6869 |
| (6) The power of the director of environmental protection to | 6870 |
| enter into environmental covenants, to grant and accept easements, | 6871 |
| or to sell property pursuant to division (G) of section 3745.01 of | 6872 |
| the Revised Code. | 6873 |
| (C) Purchases for, and the custody and repair of, buildings | 6874 |
| under the management and control of the capitol square review and | 6875 |
| advisory board, the rehabilitation services commission, the bureau | 6876 |
| of workers' compensation, or the departments of public safety, job | 6877 |
| and family services, mental health, mental retardation and | 6878 |
| developmental disabilities, and rehabilitation and correction, and | 6879 |
| buildings of educational and benevolent institutions under the | 6880 |
| management and control of boards of trustees, are not subject to | 6881 |
| the control and jurisdiction of the department of administrative | 6882 |
| services. | 6883 |
| (D) Any instrument by which real property is acquired | 6884 |
| pursuant to this section shall identify the agency of the state | 6885 |
| that has the use and benefit of the real property as specified in | 6886 |
| section 5301.012 of the Revised Code. | 6887 |
| Sec. 123.152. (A) As used in this section, "EDGE business | 6888 |
| enterprise" means a sole proprietorship, association, partnership, | 6889 |
| corporation, limited liability corporation, or joint venture | 6890 |
| certified as a participant in the encouraging diversity, growth, | 6891 |
| and equity program by the director of administrative services | 6892 |
| under this section of the Revised Code. | 6893 |
| (B) The director of administrative services shall establish a | 6894 |
| business assistance program known as the encouraging diversity, | 6895 |
| growth, and equity program and shall adopt rules in accordance | 6896 |
| with Chapter 119. of the Revised Code to administer the program | 6897 |
| 6898 |
| (1) Establish procedures by which a sole proprietorship, | 6899 |
| association, partnership, corporation, limited liability | 6900 |
| corporation, or joint venture may apply for certification as an | 6901 |
| EDGE business enterprise; | 6902 |
| (2) | 6903 |
| section, establish agency procurement goals for contracting with | 6904 |
| EDGE business enterprises in the award of contracts under Chapters | 6905 |
| 123., 125., and 153. of the Revised Code based on the availability | 6906 |
| of eligible program participants by region or geographic area, as | 6907 |
| determined by the director, and by standard industrial code or | 6908 |
| equivalent code classification. | 6909 |
| (a) Goals established under division (B)(2) of this section | 6910 |
| shall be based on a percentage level of participation and a | 6911 |
| percentage of contractor availability. | 6912 |
| (b) Goals established under division (B)(2) of this section | 6913 |
| shall be applied at the contract level, relative to an overall | 6914 |
| dollar goal for each state agency, in accordance with the | 6915 |
| following certification categories: construction, architecture, | 6916 |
| and engineering; professional services; goods and services; and | 6917 |
| information technology services. | 6918 |
| (3) Establish a system of certifying EDGE business | 6919 |
| enterprises based on a requirement that the business owner or | 6920 |
| owners show both social and economic disadvantage based on the | 6921 |
| following, as determined to be sufficient by the director: | 6922 |
| (a) Relative wealth of the business seeking certification as | 6923 |
| well as the personal wealth of the owner or owners of the | 6924 |
| business; | 6925 |
| (b) Social disadvantage based on any of the following: | 6926 |
| (i) A rebuttable presumption when the business owner or | 6927 |
| owners demonstrate membership in a racial minority group or show | 6928 |
| personal disadvantage due to color, ethnic origin, gender, | 6929 |
| physical disability, long-term residence in an environment | 6930 |
| isolated from the mainstream of American society, location in an | 6931 |
| area of high unemployment; | 6932 |
| (ii) Some other demonstration of personal disadvantage not | 6933 |
| common to other small businesses; | 6934 |
| (iii) By business location in a qualified census tract. | 6935 |
| (c) Economic disadvantage based on economic and business size | 6936 |
| thresholds and eligibility criteria designed to stimulate economic | 6937 |
| development through contract awards to businesses located in | 6938 |
| qualified census tracts. | 6939 |
| (4) Establish standards to determine when an EDGE business | 6940 |
| enterprise no longer qualifies for EDGE business enterprise | 6941 |
| certification; | 6942 |
| (5) Develop a process for evaluating and adjusting goals | 6943 |
| established by this section to determine what adjustments are | 6944 |
| necessary to achieve participation goals established by the | 6945 |
| director; | 6946 |
| (6) Establish a point system or comparable system to evaluate | 6947 |
| bid proposals to encourage EDGE business enterprises to | 6948 |
| participate in the procurement of professional design and | 6949 |
| information technology services; | 6950 |
| (7) Establish a system to track data and analyze each | 6951 |
| certification category established under division (B)(2)(b) of | 6952 |
| this section; | 6953 |
| (8) Establish a process to mediate complaints and to review | 6954 |
| EDGE business enterprise certification appeals; | 6955 |
| (9) Implement an outreach program to educate potential | 6956 |
| participants about the encouraging diversity, growth, and equity | 6957 |
| program; | 6958 |
| (10) Establish a system to assist state agencies in | 6959 |
| identifying and utilizing EDGE business enterprises in their | 6960 |
| contracting processes; | 6961 |
| (11) Implement a system of self-reporting by EDGE business | 6962 |
| enterprises as well as an on-site inspection process to validate | 6963 |
| the qualifications of an EDGE business enterprise; | 6964 |
| (12) Establish a waiver mechanism to waive program goals or | 6965 |
| participation requirements for those companies that, despite their | 6966 |
| best-documented efforts, are unable to contract with certified | 6967 |
| EDGE business enterprises; | 6968 |
| (13) Establish a process for monitoring overall program | 6969 |
| compliance in which equal employment opportunity officers | 6970 |
| primarily are responsible for monitoring their respective | 6971 |
| agencies; | 6972 |
| (14) Establish guidelines for state universities as defined | 6973 |
| in section 3345.011 of the Revised Code and the Ohio school | 6974 |
| facilities commission created in section 3318.30 of the Revised | 6975 |
| Code for awarding contracts pursuant to Chapters 153., 3318., and | 6976 |
| 3345. of the Revised Code to allow the universities and commission | 6977 |
| to establish agency procurement goals for contracting with EDGE | 6978 |
| business enterprises. | 6979 |
| (C) | 6980 |
| 6981 | |
| 6982 | |
| 6983 | |
| trade secrets submitted by encouraging diversity, growth, and | 6984 |
| equity program applicants to the director pursuant to this section | 6985 |
| are not public records for purposes of section 149.43 of the | 6986 |
| Revised Code, unless the director presents the financial | 6987 |
| information or trade secrets at a public hearing or public | 6988 |
| proceeding regarding the applicant's eligibility to participate in | 6989 |
| the program. | 6990 |
| Sec. 123.17. (A) As used in this section, "institution of | 6991 |
| higher education" means a state university or college, as defined | 6992 |
| in section 3345.12 of the Revised Code, or a state community | 6993 |
| college. | 6994 |
| (B) | 6995 |
| shall establish a local administration competency certification | 6996 |
| program to certify institutions of higher education to administer | 6997 |
| capital facilities projects pursuant to section 3345.51 of the | 6998 |
| Revised Code without the supervision, control, or approval of the | 6999 |
| department of administrative services. The program shall offer | 7000 |
| instruction in the administration of capital facilities projects | 7001 |
| for employees of institutions of higher education who are | 7002 |
| responsible for such administration and who are selected by their | 7003 |
| employing institutions to participate in the program. | 7004 |
| (C) The program shall provide instruction about the | 7005 |
| provisions of Chapters 9., 123., and 153. of the Revised Code and | 7006 |
| any rules or policies adopted by the department regarding the | 7007 |
| planning, design, and construction of capital facilities, | 7008 |
| including all of the following: | 7009 |
| (1) The planning, design, and construction process; | 7010 |
| (2) Contract requirements; | 7011 |
| (3) Construction management; | 7012 |
| (4) Project management. | 7013 |
| (D) The state architect shall award local administration | 7014 |
| competency certification to any institution of higher education if | 7015 |
| all of the following apply: | 7016 |
| (1) The institution applied for certification on a form and | 7017 |
| in a manner prescribed by the state architect. | 7018 |
| (2) The state architect determines that a sufficient number | 7019 |
| of the institution's employees, representing a sufficient number | 7020 |
| of employee classifications, responsible for the administration of | 7021 |
| capital facilities projects | 7022 |
| certification program to ensure that any capital facilities | 7023 |
| project undertaken by the institution will be administered | 7024 |
| successfully and in accordance with all provisions of the Revised | 7025 |
| Code, and the board of trustees of the institution provides | 7026 |
| written assurance to the state architect that the institution will | 7027 |
| select new employees to participate in the certification program | 7028 |
| as necessary to compensate for employee turnover. | 7029 |
| (3) The state architect determines that the employees of the | 7030 |
| institution enrolled in the program demonstrate successful | 7031 |
| completion of the competency certification training and a | 7032 |
| satisfactory level of knowledge of and competency in the | 7033 |
| requirements for administering capital facilities projects. | 7034 |
| (4) The institution pays the fee prescribed by division | 7035 |
| 7036 |
| (5) The board of trustees of the institution provides written | 7037 |
| assurance to the state architect that the institution will conduct | 7038 |
| biennial audits of the institution's administration of capital | 7039 |
| facilities projects in accordance with division (C) of section | 7040 |
| 3345.51 of the Revised Code. | 7041 |
| (6) The board of trustees of the institution agrees in | 7042 |
| writing to indemnify and hold harmless the state and the | 7043 |
| department for any claim of injury, loss, or damage that results | 7044 |
| from the institution's administration of a capital facilities | 7045 |
| project. | 7046 |
| (E) Local administration competency certification granted | 7047 |
| under this section shall remain in effect for as long as the state | 7048 |
| architect determines that both of the following apply: | 7049 |
| (1) The institution of higher education maintains a | 7050 |
| sufficient number of employees responsible for the administration | 7051 |
| of capital facilities projects who have successfully completed the | 7052 |
| certification program and have demonstrated a satisfactory level | 7053 |
| of knowledge of and competency in the requirements for | 7054 |
| administering capital facilities projects; | 7055 |
| (2) The institution is performing the biennial audits | 7056 |
| prescribed in division (C) of section 3345.51 of the Revised Code. | 7057 |
| If the state architect determines that an institution of | 7058 |
| higher education has failed to comply with the conditions of | 7059 |
| division (E)(1) or (2) of this section, the state architect shall | 7060 |
| revoke the institution's certification and shall notify the board | 7061 |
| of trustees of the institution in writing of the revocation. | 7062 |
| (F) The state architect shall establish, subject to the | 7063 |
| approval of the director of budget and management, the amount of | 7064 |
| the fee required to be paid by any institution of higher education | 7065 |
| that seeks certification under this section. The amount of the | 7066 |
| fees shall be set to cover the costs to implement this section, | 7067 |
| including the costs for materials and the competency certification | 7068 |
| training sessions. Any fees received under this section shall be | 7069 |
| paid into the state treasury to the credit of the state | 7070 |
| architect's fund established under section 123.10 of the Revised | 7071 |
| Code. | 7072 |
| | 7073 |
| that administers a capital facilities project under section | 7074 |
| 3345.51 of the Revised Code from requesting guidance or other | 7075 |
| services from the department of administrative services. | 7076 |
| Sec. 124.07. (A) The director of administrative services | 7077 |
| shall
appoint | 7078 |
| assistants
as | 7079 |
| of the Revised Code. The director may designate persons in or out | 7080 |
| of the official service of the state to serve as examiners or | 7081 |
| assistants under the director's direction. An examiner or | 7082 |
|
assistant shall
receive | 7083 |
| actually and necessarily spent in the discharge of duties as an | 7084 |
| examiner
or assistant | 7085 |
| determines; provided | 7086 |
| is in the official service of the state or any political | 7087 |
| subdivision of the state, it shall be a part of the examiner's or | 7088 |
| assistant's official duties to render | 7089 |
|
connection with | 7090 |
| (B) Each state agency and each state-supported college | 7091 |
| university shall pay the cost of the services and facilities | 7092 |
| furnished to it by the department of administrative services that | 7093 |
| are necessary to provide and maintain payroll services as | 7094 |
| prescribed in section 125.21 of the Revised Code and state merit | 7095 |
| standards as prescribed in sections 124.01 to 124.64 of the | 7096 |
|
Revised Code for the agency | 7097 |
| university. If a municipal corporation chooses to use the services | 7098 |
| and facilities furnished by the department that are necessary to | 7099 |
| provide and maintain the standards so prescribed, the municipal | 7100 |
| corporation shall pay the cost of the services and facilities that | 7101 |
| the
department furnishes to it. | 7102 |
| agency, a state-supported college or university, or a municipal | 7103 |
| corporation shall be computed on a reasonable cost basis in | 7104 |
| accordance with procedures prescribed by the director of budget | 7105 |
| and management. Any moneys
the department | 7106 |
| 7107 | |
| college | 7108 |
| this division that are in excess of the amount necessary to pay | 7109 |
| the cost of
furnishing | 7110 |
| facilities during any fiscal year shall be either refunded to or | 7111 |
| credited for the ensuing fiscal year to the state agency, the | 7112 |
| state-supported college | 7113 |
|
corporation | 7114 |
| (C) The director of administrative services may enter into an | 7115 |
| agreement with any municipal corporation or other political | 7116 |
| subdivision to furnish services and facilities of the department | 7117 |
| 7118 | |
|
program. | 7119 |
| shall be reimbursed
for the reasonable
costs of | 7120 |
| services and facilities as determined by the director. | 7121 |
| (D) All moneys received by the department | 7122 |
| 7123 | |
| performed and facilities furnished under this section shall be | 7124 |
| paid into the state treasury to the credit of the human resources | 7125 |
| services fund, which is hereby created. | 7126 |
| (E) In counties of the state in which are located cities | 7127 |
| having municipal civil service commissions, the director of | 7128 |
| administrative services may designate the municipal civil service | 7129 |
| commission of the largest city within
| 7130 |
| director's agent for the purpose of
carrying out | 7131 |
| provisions of sections 124.01 to 124.64 of the Revised Code, | 7132 |
|
within | 7133 |
| Each municipal civil service commission designated as an agent of | 7134 |
| the director shall render to the director, at the end of each | 7135 |
| month, | 7136 |
| incurred by | 7137 |
| director, and the director | 7138 |
| statement, shall pay the total amount of it to the treasurer of | 7139 |
| 7140 | |
| expenses of the department of administrative services. | 7141 |
| (F) The director | 7142 |
| examiners, inspectors, clerks, and assistants referred to in this | 7143 |
| section
shall receive, in addition to their salaries, | 7144 |
| reimbursement for
| 7145 |
| 7146 | |
| director may also incur the necessary expenses for stationery, | 7147 |
| printing, and other supplies incident to the business of the | 7148 |
| department | 7149 |
| Sec. 124.321. (A) Whenever it becomes necessary for an | 7150 |
| appointing authority to reduce its work force, the appointing | 7151 |
| authority shall lay off employees or abolish their positions in | 7152 |
| accordance with sections 124.321 to 124.327 of the Revised Code | 7153 |
| and the rules of the director of administrative services. | 7154 |
| (B)(1) Employees may be laid off as a result of a lack of | 7155 |
| funds within an appointing authority. For appointing authorities | 7156 |
| 7157 | |
| of the auditor of state, the director of budget and management | 7158 |
| shall be responsible for determining whether a lack of funds | 7159 |
| exists.
For | 7160 |
| persons whose salary or wage is paid other than by warrant of the | 7161 |
| auditor of
state, the appointing authority | 7162 |
| determine whether a lack of funds exists and shall file a | 7163 |
| statement of rationale and supporting documentation with the | 7164 |
| director of administrative services prior to sending the layoff | 7165 |
| notice. | 7166 |
| | 7167 |
| appointing authority has a current or projected deficiency of | 7168 |
| funding to maintain current, or to sustain projected, levels of | 7169 |
| staffing and operations. This section does not require any | 7170 |
| transfer of money between funds in order to offset a deficiency or | 7171 |
| projected deficiency of federal funding for a program. | 7172 |
| (3) The director of budget and management shall | 7173 |
| adopt rules, under Chapter 119. of the Revised Code, for agencies | 7174 |
| whose employees are paid by warrant of the auditor of state, for | 7175 |
| determining whether a lack of funds exists. | 7176 |
| (C)(1) Employees may be laid off as a result of lack of work | 7177 |
| within an appointing authority. For appointing authorities whose | 7178 |
| employees are paid by warrant of the auditor of state, the | 7179 |
| director of administrative services shall determine whether a lack | 7180 |
| of work exists. All other appointing authorities shall themselves | 7181 |
| determine whether a lack of work exists and shall file a statement | 7182 |
| of rationale and supporting documentation with the director of | 7183 |
| administrative services prior to sending the layoff notice
| 7184 |
| 7185 |
| | 7186 |
| 7187 | |
| projected temporary decrease in the workload, expected to last | 7188 |
| less than one year, | 7189 |
| projected staffing levels. The determination of a lack of work | 7190 |
| shall indicate the current or projected temporary decrease in the | 7191 |
| workload of an appointing authority and whether the current or | 7192 |
| projected staffing levels of the appointing authority will be | 7193 |
| excessive. | 7194 |
| (D)(1) Employees may be laid off as a result of abolishment | 7195 |
|
of positions. | 7196 |
| means the | 7197 |
| organization or structure of an
appointing authority | 7198 |
| 7199 |
| For purposes of this division, an appointing authority may | 7200 |
| abolish positions for any one or any combination of the following | 7201 |
| reasons: as a result of a reorganization for the efficient | 7202 |
| operation of the appointing authority, for reasons of economy, or | 7203 |
| for lack of
work. | 7204 |
| 7205 | |
| 7206 |
| (2)(a) Reasons of economy permitting an appointing authority | 7207 |
| to abolish a position and to lay off the holder of that position | 7208 |
| under this division shall be determined at the time the appointing | 7209 |
| authority proposes to abolish the position. The reasons of economy | 7210 |
| shall be based on the appointing authority's estimated amount of | 7211 |
| savings with respect to salary, benefits, and other matters | 7212 |
| associated with the abolishment of the position, except that the | 7213 |
| reasons of economy associated with the position's abolishment | 7214 |
| instead may be based on the appointing authority's estimated | 7215 |
| amount of savings with respect to salary and benefits only, if: | 7216 |
| (i) Either the appointing authority's operating appropriation | 7217 |
| has been reduced by an executive or legislative action, or the | 7218 |
| appointing authority has a current or projected deficiency in | 7219 |
| funding to maintain current or projected levels of staffing and | 7220 |
| operations; and | 7221 |
| (ii) It files a notice of the position's abolishment with the | 7222 |
| director of administrative services within one year of the | 7223 |
| occurrence of the applicable circumstance described in division | 7224 |
| (D)(2)(a)(i) of this section. | 7225 |
| (b) The following principles apply when a circumstance | 7226 |
| described in division (D)(2)(a)(i) of this section would serve to | 7227 |
| authorize an appointing authority to abolish a position and to lay | 7228 |
| off the holder of the position under this division based on the | 7229 |
| appointing authority's estimated amount of savings with respect to | 7230 |
| salary and benefits only: | 7231 |
| (i) The position's abolishment shall be done in good faith | 7232 |
| and not as a subterfuge for discipline. | 7233 |
| (ii) If a circumstance affects a specific program only, the | 7234 |
| appointing authority only may abolish a position within that | 7235 |
| program. | 7236 |
| (iii) If a circumstance does not affect a specific program | 7237 |
| only, the appointing authority may identify a position that it | 7238 |
| considers appropriate for abolishment based on the reasons of | 7239 |
| economy. | 7240 |
| (3) Each appointing authority shall | 7241 |
| itself whether any position should be abolished and shall file a | 7242 |
| statement of rationale and supporting documentation with the | 7243 |
| director of administrative services prior to sending the notice of | 7244 |
| abolishment. | 7245 |
| If an abolishment results in a reduction of the work force, | 7246 |
| the appointing authority shall follow the procedures for laying | 7247 |
| off employees, subject to the following modifications: | 7248 |
| | 7249 |
| have the right to fill an available vacancy within the employee's | 7250 |
|
classification | 7251 |
| | 7252 |
| more retention points than any other employee serving in the same | 7253 |
|
classification, | 7254 |
| shall be displaced | 7255 |
| | 7256 |
| the fewest retention points in the classification, the employee | 7257 |
| shall have the right to fill an available vacancy in a lower | 7258 |
|
classification in the classification series | 7259 |
| | 7260 |
| the fewest retention points in the classification, the employee | 7261 |
| shall displace the employee with the fewest retention points in | 7262 |
| the next or successively lower classification in the | 7263 |
| classification series. | 7264 |
| (E) The director of administrative services shall
| 7265 |
| adopt rules | 7266 |
| determination of lack of work within an appointing authority, for | 7267 |
| the abolishment of positions by an appointing authority, and for | 7268 |
| the implementation of this section. | 7269 |
| Sec. 124.328. A classified employee may appeal a layoff, or | 7270 |
| a
displacement | 7271 |
| personnel board of review. The appeal shall be filed or | 7272 |
| 7273 | |
| layoff notice | 7274 |
| displaced. In cases involving the laying off of classified | 7275 |
| employees, the affected employee or appointing authority may | 7276 |
| appeal the decision of the state personnel board of review to the | 7277 |
| court of common pleas
| 7278 |
| 7279 | |
| the Revised Code. | 7280 |
| Sec. 125.041. Nothing in sections 125.02, 125.03 to 125.08, | 7281 |
| 125.12 to 125.16, 125.18, 125.31 to 125.76, or 125.831 of the | 7282 |
| Revised Code shall be construed as limiting the attorney general, | 7283 |
| auditor of state, secretary of state, or treasurer of state in any | 7284 |
| of the following: | 7285 |
| (A) Purchases for less than the dollar amounts for the | 7286 |
| purchase of supplies or services determined pursuant to division | 7287 |
| (D) of section 125.05 of the Revised Code; | 7288 |
| (B) Purchases that equal or exceed the dollar amounts for the | 7289 |
| purchase of supplies or services determined pursuant to division | 7290 |
| (D) of section 125.05 of the Revised Code with the approval of the | 7291 |
| controlling board, if that approval is required by section 127.16 | 7292 |
| of the Revised Code; | 7293 |
| (C) The final determination of the nature or quantity making | 7294 |
| any purchase of supplies or services to be purchased pursuant to | 7295 |
| section 125.06 of the Revised Code; | 7296 |
| (D) The final determination and disposal of excess and | 7297 |
| surplus supplies; | 7298 |
| (E) The inventory of state property; | 7299 |
| (F) The purchase of printing; | 7300 |
| (G) | 7301 |
| development and use; | 7302 |
| (H) The fleet management program. | 7303 |
| Sec. 125.05. Except as provided in division (E) of this | 7304 |
| section, no state agency shall purchase any supplies or services | 7305 |
| except as provided in divisions (A) to (C) of this section. | 7306 |
| (A) Subject to division (D) of this section, a state agency | 7307 |
| may, without competitive selection, make any purchase of services | 7308 |
| that cost fifty thousand dollars or less or any purchase of | 7309 |
| supplies that cost twenty-five thousand dollars or less. The | 7310 |
| agency may make the purchase directly or may make the purchase | 7311 |
| from or through the department of administrative services, | 7312 |
| whichever the agency determines. The department shall establish | 7313 |
| written procedures to assist state agencies when they make direct | 7314 |
| purchases. If the agency makes the purchase directly, it shall | 7315 |
| make the purchase by a term contract whenever possible. | 7316 |
| (B) Subject to division (D) of this section, a state agency | 7317 |
| wanting to purchase services that cost more than fifty thousand | 7318 |
| dollars or supplies that cost more than twenty-five thousand | 7319 |
| dollars shall, unless otherwise authorized by law, make the | 7320 |
| purchase from or through the department. The department shall make | 7321 |
| the purchase by competitive selection under section 125.07 of the | 7322 |
| Revised Code. If the director of administrative services | 7323 |
| determines that it is not possible or not advantageous to the | 7324 |
| state for the department to make the purchase, the department | 7325 |
| shall grant the agency a release and permit under section 125.06 | 7326 |
| of the Revised Code to make the purchase. Section 127.16 of the | 7327 |
| Revised Code does not apply to purchases the department makes | 7328 |
| under this section. | 7329 |
| (C) An agency that has been granted a release and permit to | 7330 |
| make a purchase may make the purchase without competitive | 7331 |
| selection if after making the purchase the cumulative purchase | 7332 |
| threshold as computed under division (F) of section 127.16 of the | 7333 |
| Revised Code would: | 7334 |
| (1) Be exceeded and the controlling board approves the | 7335 |
| purchase; | 7336 |
| (2) Not be exceeded and the department of administrative | 7337 |
| services approves the purchase. | 7338 |
| (D) Not later than January 31, 1997, the amounts specified in | 7339 |
| divisions (A) and (B) of this section and, not later than the | 7340 |
| thirty-first day of January of each second year thereafter, any | 7341 |
| amounts computed by adjustments made under this division, shall be | 7342 |
| increased or decreased by the average percentage increase or | 7343 |
| decrease in the consumer price index prepared by the United States | 7344 |
| bureau of labor statistics (U.S. City Average for Urban Wage | 7345 |
| Earners and Clerical Workers: "All Items 1982-1984=100") for the | 7346 |
| twenty-four calendar month period prior to the immediately | 7347 |
| preceding first day of January over the immediately preceding | 7348 |
| twenty-four calendar month period, as reported by the bureau. The | 7349 |
| director of administrative services shall make this determination | 7350 |
| and adjust the appropriate amounts accordingly. | 7351 |
| (E) If the eTech Ohio | 7352 |
| education, or the Ohio education computer network determines that | 7353 |
| it can purchase software services or supplies for specified school | 7354 |
| districts at a price less than the price for which the districts | 7355 |
| could purchase the same software services or supplies for | 7356 |
|
themselves, the | 7357 |
| certify that fact to the department of administrative services | 7358 |
| and, acting as an agent for the specified school districts, shall | 7359 |
| make that purchase without following the provisions in divisions | 7360 |
| (A) to (D) of this section. | 7361 |
| Sec. 125.11. (A) Subject to division (B) of this section, | 7362 |
| contracts awarded pursuant to a reverse auction under section | 7363 |
| 125.072 of the Revised Code or pursuant to competitive sealed | 7364 |
| bidding, including contracts awarded under section 125.081 of the | 7365 |
| Revised Code, shall be awarded to the lowest responsive and | 7366 |
| responsible bidder on each item in accordance with section 9.312 | 7367 |
| of the Revised Code. When the contract is for meat products as | 7368 |
| defined in section 918.01 of the Revised Code or poultry products | 7369 |
| as defined in section 918.21 of the Revised Code, only those bids | 7370 |
| received from vendors offering products from establishments on the | 7371 |
| current list of meat and poultry vendors established and | 7372 |
| maintained by the director of administrative services under | 7373 |
| section 125.17 of the Revised Code shall be eligible for | 7374 |
| acceptance. The department of administrative services may accept | 7375 |
| or reject any or all bids in whole or by items, except that when | 7376 |
| the contract is for services or products available from a | 7377 |
| qualified nonprofit agency pursuant to sections 125.60 to 125.6012 | 7378 |
| or 4115.31 to 4115.35 of the Revised Code, the contract shall be | 7379 |
| awarded to that agency. | 7380 |
| (B) Prior to awarding a contract under division (A) of this | 7381 |
| section, the department of administrative services or the state | 7382 |
| agency responsible for evaluating a contract for the purchase of | 7383 |
| products shall evaluate the bids received according to the | 7384 |
| criteria and procedures established pursuant to divisions (C)(1) | 7385 |
| and (2) of section 125.09 of the Revised Code for determining if a | 7386 |
| product is produced or mined in the United States and if a product | 7387 |
| is produced or mined in this state. The department or other state | 7388 |
| agency shall first remove bids that offer products that have not | 7389 |
| been or that will not be produced or mined in the United States. | 7390 |
| From among the remaining bids, the department or other state | 7391 |
| agency shall select the lowest responsive and responsible bid, in | 7392 |
| accordance with section 9.312 of the Revised Code, from among the | 7393 |
| bids that offer products that have been produced or mined in this | 7394 |
| state where sufficient competition can be generated within this | 7395 |
| state to ensure that compliance with these requirements will not | 7396 |
| result in an excessive price for the product or acquiring a | 7397 |
| disproportionately inferior product. If there are two or more | 7398 |
| qualified bids that offer products that have been produced or | 7399 |
| mined in this state, it shall be deemed that there is sufficient | 7400 |
| competition to prevent an excessive price for the product or the | 7401 |
| acquiring of a disproportionately inferior product. | 7402 |
| (C) Division (B) of this section applies to contracts for | 7403 |
| which competitive bidding is waived by the controlling board. | 7404 |
| (D) Division (B) of this section does not apply to the | 7405 |
| purchase by the division of liquor control of spirituous liquor. | 7406 |
| (E) The director of administrative services shall publish in | 7407 |
| the form of a model act for use by counties, townships, municipal | 7408 |
| corporations, or any other political subdivision described in | 7409 |
| division (B) of section 125.04 of the Revised Code, a system of | 7410 |
| preferences for products mined and produced in this state and in | 7411 |
| the United States and for Ohio-based contractors. The model act | 7412 |
| shall reflect substantial equivalence to the system of preferences | 7413 |
| in purchasing and public improvement contracting procedures under | 7414 |
| which the state operates pursuant to this chapter and section | 7415 |
| 153.012 of the Revised Code. To the maximum extent possible, | 7416 |
| consistent with the Ohio system of preferences in purchasing and | 7417 |
| public improvement contracting procedures, the model act shall | 7418 |
| incorporate all of the requirements of the federal "Buy America | 7419 |
| Act," 47 Stat. 1520 (1933), 41 U.S.C. 10a to 10d, as amended, and | 7420 |
| the rules adopted under that act. | 7421 |
| Before and during the development and promulgation of the | 7422 |
| model act, the director shall consult with appropriate statewide | 7423 |
| organizations representing counties, townships, and municipal | 7424 |
| corporations so as to identify the special requirements and | 7425 |
| concerns these political subdivisions have in their purchasing and | 7426 |
| public improvement contracting procedures. The director shall | 7427 |
| promulgate the model act by rule adopted pursuant to Chapter 119. | 7428 |
| of the Revised Code and shall revise the act as necessary to | 7429 |
| reflect changes in this chapter or section 153.012 of the Revised | 7430 |
| Code. | 7431 |
| The director shall make available copies of the model act, | 7432 |
| supporting information, and technical assistance to any township, | 7433 |
| county, or municipal corporation wishing to incorporate the | 7434 |
| provisions of the act into its purchasing or public improvement | 7435 |
| contracting procedure. | 7436 |
| Sec. 125.18. (A) There is hereby established the office of | 7437 |
| information technology housed within the department of | 7438 |
| administrative services. The office shall be under the supervision | 7439 |
| of a chief information officer to be appointed by the governor and | 7440 |
| subject to removal at the pleasure of the governor. The chief | 7441 |
| information officer shall serve as the director of the office. | 7442 |
| (B) The director of the office of information technology | 7443 |
| shall advise the governor regarding the superintendence and | 7444 |
| implementation of statewide information technology policy. | 7445 |
| (C) The director of the office of information technology | 7446 |
| shall lead, oversee, and direct state agency activities related to | 7447 |
| information technology development and use. In that regard, the | 7448 |
| director shall do all of the following: | 7449 |
| (1) Coordinate and superintend statewide efforts to promote | 7450 |
| common use and development of technology by state agencies. The | 7451 |
| office of information technology shall establish policies and | 7452 |
| standards that govern and direct state agency participation in | 7453 |
| statewide programs and initiatives. | 7454 |
| (2) Establish policies and standards for the acquisition and | 7455 |
| use of information technology by state agencies, including, but | 7456 |
| not limited to, hardware, software, technology services, and | 7457 |
| security, with which state agencies shall comply; | 7458 |
| (3) Establish criteria and review processes to identify state | 7459 |
| agency information technology projects that require alignment or | 7460 |
| oversight. As appropriate, the office of information technology | 7461 |
| shall provide the governor and the director of budget and | 7462 |
| management with notice and advice regarding the appropriate | 7463 |
| allocation of resources for those projects. The director of the | 7464 |
| office of information technology may require state agencies to | 7465 |
| provide, and may prescribe the form and manner by which they must | 7466 |
| provide, information to fulfill the director's alignment and | 7467 |
| oversight role. | 7468 |
| (D) The office of information technology shall have the same | 7469 |
| authority given to the department of administative services under | 7470 |
| sections 125.01, 125.02, 125.023, 125.04, 125.05, 125.06, 125.07, | 7471 |
| 125.071, 125.072, 125.081, 125.09, 125.10, 125.11, and 125.25 of | 7472 |
| the Revised Code for the purchase of information technology | 7473 |
| supplies and services for state agencies. | 7474 |
| (E) The office of information technology may make contracts | 7475 |
| for, operate, and superintend technology supplies and services for | 7476 |
| state agencies in accordance with this chapter. | 7477 |
| (F) The office of information technology may establish | 7478 |
| cooperative agreements with federal and local government agencies | 7479 |
| and state agencies that are not under the authority of the | 7480 |
| governor for the provision of technology services and the | 7481 |
| development of technology projects. | 7482 |
| (G) As used in this section, "state agency" means every | 7483 |
| organized body, office, or agency established by the laws of the | 7484 |
| state for the exercise of any function of state government, other | 7485 |
| than any state-supported institution of higher education, the | 7486 |
| office of the auditor of state, treasurer of state, secretary of | 7487 |
| state, or attorney general, the public employees retirement | 7488 |
| system, the Ohio police and fire pension fund, the state teachers | 7489 |
| retirement system, the school employees retirement system, the | 7490 |
| state highway patrol retirement system, the general assembly or | 7491 |
| any legislative agency, or the courts or any judicial agency. | 7492 |
| Sec. 125.25. (A) The director of administrative services may | 7493 |
| debar a vendor from consideration for contract awards upon a | 7494 |
| finding based upon a reasonable belief that the vendor has done | 7495 |
| any of the following: | 7496 |
| (1) Abused the selection process by repeatedly withdrawing | 7497 |
| bids or proposals before purchase orders or contracts are issued | 7498 |
| or failing to accept orders based upon firm bids; | 7499 |
| (2) Failed to substantially perform a contract according to | 7500 |
| its terms, conditions, and specifications within specified time | 7501 |
| limits; | 7502 |
| (3) Failed to cooperate in monitoring contract performance by | 7503 |
| refusing to provide information or documents required in a | 7504 |
| contract, failed to respond to complaints to the vendor, or | 7505 |
| accumulated repeated justified complaints regarding performance of | 7506 |
| a contract; | 7507 |
| (4) Attempted to influence a public employee to breach | 7508 |
| ethical conduct standards or to influence a contract award; | 7509 |
| (5) Colluded to restrain competition by any means; | 7510 |
| (6) Been convicted of a criminal offense related to the | 7511 |
| application for or performance of any public or private contract, | 7512 |
| including, but not limited to, embezzlement, theft, forgery, | 7513 |
| bribery, falsification or destruction of records, receiving stolen | 7514 |
| property, and any other offense that directly reflects on the | 7515 |
| vendor's business integrity; | 7516 |
| (7) Been convicted under state or federal antitrust laws; | 7517 |
| (8) Deliberately or willfully submitted false or misleading | 7518 |
| information in connection with the application for or performance | 7519 |
| of a public contract; | 7520 |
| (9) Violated any other responsible business practice or | 7521 |
| performed in an unsatisfactory manner as determined by the | 7522 |
| director; | 7523 |
| (10) Through the default of a contract or through other means | 7524 |
| had a determination of unresolved finding for recovery by the | 7525 |
| auditor of state under section 9.24 of the Revised Code; | 7526 |
| (11) Acted in such a manner as to be debarred from | 7527 |
| participating in a contract with any governmental agency. | 7528 |
| (B) When the director reasonably believes that grounds for | 7529 |
| debarment exist, the director shall send the vendor a notice of | 7530 |
| proposed debarment indicating the grounds for the proposed | 7531 |
| debarment and the procedure for requesting a hearing on the | 7532 |
| proposed debarment. The hearing shall be conducted in accordance | 7533 |
| with Chapter 119. of the Revised Code. If the vendor does not | 7534 |
| respond with a request for a hearing in the manner specified in | 7535 |
| Chapter 119. of the Revised Code, the director shall issue the | 7536 |
| debarment decision without a hearing and shall notify the vendor | 7537 |
| of the decision by certified mail, return receipt requested. | 7538 |
| (C) The director shall determine the length of the debarment | 7539 |
| period and may rescind the debarment at any time upon notification | 7540 |
| to the vendor. During the period of debarment, the vendor is not | 7541 |
| eligible to participate in any state contract. After the debarment | 7542 |
| period expires, the vendor shall be eligible to be awarded | 7543 |
| contracts by state agencies. (D) The director, through the office | 7544 |
| of information technology and the office of procurement services, | 7545 |
| shall maintain a list of all vendors currently debarred under this | 7546 |
| section. | 7547 |
| Sec. 125.60. As used in sections 125.60 to 125.6012 of the | 7548 |
| Revised Code: | 7549 |
| (A) "Community rehabilitation program" means an agency that: | 7550 |
| (1) Is organized under the laws of the United States or this | 7551 |
| state such that no part of its net income inures to the benefit of | 7552 |
| any shareholder or other individual; | 7553 |
| (2) Is certified as a sheltered workshop, if applicable, by | 7554 |
| the wage and hour division of the United States department of | 7555 |
| labor; | 7556 |
| (3) Is registered and in good standing with the secretary of | 7557 |
| state as a domestic nonprofit or not-for-profit corporation; | 7558 |
| (4) Complies with applicable occupational health and safety | 7559 |
| standards required by the laws of the United States or of this | 7560 |
| state; | 7561 |
| (5) Operates in the interest of persons with work-limiting | 7562 |
| disabilities, provides vocational or other employment-related | 7563 |
| training to persons with work-limiting disabilities, and employs | 7564 |
| persons with work-limiting disabilities in the manufacture of | 7565 |
| products or the provision of services; | 7566 |
| (6) Is a nonprofit corporation for federal tax purposes. | 7567 |
| (B) "Government ordering office" means any of the following: | 7568 |
| (1) Any state agency, including the general assembly, the | 7569 |
| supreme court, and the office of a state elected official, or any | 7570 |
| state authority, board, bureau, commission, institution, or | 7571 |
| instrumentality that is funded in total or in part by state money; | 7572 |
| (2) A county, township, or village. | 7573 |
| (C) "Person with a work-limiting disability" means an | 7574 |
| individual who has a disability as defined in the "Americans with | 7575 |
| Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C. 12101, and | 7576 |
| who: | 7577 |
| (1) Because of that disability is substantially limited in | 7578 |
| the type or quantity of work the individual can perform or is | 7579 |
| prevented from working regularly; | 7580 |
| (2) Meets criteria established by the office of procurement | 7581 |
| from community rehabilitation programs. | 7582 |
| Sec. 125.601. (A) Not later than July 1, 2007, the director | 7583 |
| of administrative services shall establish the office of | 7584 |
| procurement from community rehabilitation programs within the | 7585 |
| department of administrative services. The director shall | 7586 |
| designate an employee of the department to serve as administrator | 7587 |
| of the office. | 7588 |
| (B) Not later than July 1, 2007, the director shall abolish | 7589 |
| the state committee for the purchase of products and services | 7590 |
| provided by persons with severe disabilities in accordance with | 7591 |
| section 4115.36 of the Revised Code. | 7592 |
| Sec. 125.602. (A) The department of mental retardation and | 7593 |
| developmental disabilities, the department of mental health, the | 7594 |
| department of job and family services, the rehabilitation services | 7595 |
| commission, and any other state or governmental agency or | 7596 |
| community rehabilitation program responsible for the provision of | 7597 |
| rehabilitation and vocational educational services to persons with | 7598 |
| work-limiting disabilities may, through written agreement, | 7599 |
| cooperate in providing resources to the department of | 7600 |
| administrative services for the operation of the office of | 7601 |
| procurement from community rehabilitation programs. These | 7602 |
| resources may include, but are not limited to, leadership and | 7603 |
| assistance in dealing with the societal aspects of meeting the | 7604 |
| needs of persons with work-limiting disabilities. | 7605 |
| (B) The office and all governmental entities that administer | 7606 |
| socioeconomic programs may enter into contractual agreements, | 7607 |
| cooperative working relationships, or other arrangements that are | 7608 |
| necessary for effective coordination and realization of the | 7609 |
| objectives of these entities. | 7610 |
| Sec. 125.603. (A) The office of procurement from community | 7611 |
| rehabilitation programs shall do the following in addition to | 7612 |
| other duties specified in sections 125.60 to 125.6012 of the | 7613 |
| Revised Code: | 7614 |
| (1) Establish, maintain, and periodically update a | 7615 |
| procurement list of approved supplies and services available from | 7616 |
| qualified nonprofit agencies; | 7617 |
| (2) Monitor the procurement practices of government ordering | 7618 |
| offices to ensure compliance with sections 125.60 to 125.6012 of | 7619 |
| the Revised Code; | 7620 |
| (3) In cooperation with qualified nonprofit agencies, | 7621 |
| government ordering offices, the department of mental retardation | 7622 |
| and developmental disabilities, the department of mental health, | 7623 |
| the department of job and family services, and the rehabilitation | 7624 |
| services commission, develop and recommend to the director of | 7625 |
| administrative services rules the director shall adopt in | 7626 |
| accordance with Chapter 119. of the Revised Code for the effective | 7627 |
| and efficient administration of sections 125.60 to 125.6012 of the | 7628 |
| Revised Code; | 7629 |
| (4) Prepare a report of its activities by the last day of | 7630 |
| December of each year. The report shall be posted electronically | 7631 |
| on the office's web site. | 7632 |
| (B) The office of procurement from community rehabilitation | 7633 |
| programs may enter into contractual agreements and establish pilot | 7634 |
| programs to further the objectives of sections 125.60 to 125.6012 | 7635 |
| of the Revised Code. | 7636 |
| Sec. 125.604. A community rehabilitation program may apply to | 7637 |
| the office of procurement from community rehabilitation programs | 7638 |
| to be certified as qualified to provide its supplies and services | 7639 |
| for procurement by government ordering offices. The office shall | 7640 |
| prescribe the form of the application. If the office is satisfied | 7641 |
| the program is qualified, it shall certify the program as a | 7642 |
| qualified nonprofit agency for the purposes of sections 125.60 to | 7643 |
| 125.6012 of the Revised Code. | 7644 |
| Sec. 125.605. The office of procurement from community | 7645 |
| rehabilitation programs may certify any entity to serve as an | 7646 |
| approved agent of a qualified nonprofit agency for the purposes of | 7647 |
| sections 125.60 to 125.6012 of the Revised Code. The office shall | 7648 |
| prescribe procedures under which an entity can apply and be | 7649 |
| considered for such certification. An approved agent may do any of | 7650 |
| the following: | 7651 |
| (A) Contract with the office of procurement from community | 7652 |
| rehabilitation programs to provide centralized business | 7653 |
| facilitation or other assistance to qualified nonprofit agencies. | 7654 |
| The office shall consult with qualified nonprofit agencies before | 7655 |
| agreeing to such a contract. | 7656 |
| (B) Act as a distributor of supplies and services registered | 7657 |
| on the procurement list maintained by the office under section | 7658 |
| 125.603 of the Revised Code; | 7659 |
| (C) Provide marketing, administrative, and other services | 7660 |
| related to sales. | 7661 |
| Sec. 125.606. Prior to purchases by government ordering | 7662 |
| offices, the office of procurement from community rehabilitation | 7663 |
| programs shall attempt to establish for each item on the | 7664 |
| procurement list a fair market price that is representative of the | 7665 |
| range of prices that a government ordering office would expect to | 7666 |
| pay to purchase the item in the marketplace. When establishing a | 7667 |
| fair market price for an item, the office of procurement from | 7668 |
| community rehabilitation programs shall consider the costs of | 7669 |
| doing business with respect to that item, including sales, | 7670 |
| marketing, and research and development costs and agent fees. If | 7671 |
| the office of procurement from community rehabilitation programs | 7672 |
| cannot establish a fair market price for a particular supply or | 7673 |
| service, the government ordering office shall attempt to establish | 7674 |
| the fair market price pursuant to division (B) of section 125.607 | 7675 |
| of the Revised Code for each purchase of such supply or service. | 7676 |
| Sec. 125.607. (A) Before purchasing any supply or service, a | 7677 |
| governmental ordering office shall determine whether the supply or | 7678 |
| service is on the procurement list maintained by the office of | 7679 |
| procurement from community rehabilitation programs. If the supply | 7680 |
| or service is on the list at an established fair market price, the | 7681 |
| government ordering office shall purchase it from the qualified | 7682 |
| nonprofit agency or approved agent at that price. | 7683 |
| (B) If the supply or service is on the procurement list but a | 7684 |
| fair market price has not been established, the government | 7685 |
| ordering office shall attempt to negotiate an agreement with one | 7686 |
| or more of the listed qualified nonprofit agencies or approved | 7687 |
| agents. The office of procurement from community rehabilitation | 7688 |
| programs may accept as fair market price an agreement negotiated | 7689 |
| between the government ordering office and a qualified nonprofit | 7690 |
| agency or approved agent. | 7691 |
| (C) If an agreement is not successfully negotiated, the | 7692 |
| office may establish a fair market price, or it may release a | 7693 |
| government ordering office from the requirements of this section. | 7694 |
| (D) A purchase under divisions (A) to (C) of this section is | 7695 |
| not subject to any competitive selection or competitive bidding | 7696 |
| requirements, notwithstanding any other provision of law. | 7697 |
| (E) The department of administrative services has the | 7698 |
| authority to structure or regulate competition among qualified | 7699 |
| nonprofit agencies for the overall benefit of the program. | 7700 |
| Sec. 125.608. All government ordering offices purchasing | 7701 |
| supplies and services from qualified non-profit agencies or their | 7702 |
| approved agents shall reimburse the department of administrative | 7703 |
| services a reasonable sum to cover the department's costs of | 7704 |
| administering sections 125.60 to 125.6012 of the Revised Code. The | 7705 |
| department may bill administrative costs to government ordering | 7706 |
| offices directly, or allow qualified non-profit agencies or | 7707 |
| approved agents to collect and remit department administrative | 7708 |
| fees, at the department's discretion. Any department | 7709 |
| administrative fees collected and remitted by qualified nonprofit | 7710 |
| agencies or their approved agents shall be considered allowable | 7711 |
| expenses in addition to the fair market price approved under | 7712 |
| section 125.606 or 125.607 of the Revised Code. The money so paid | 7713 |
| shall be deposited in the state treasury to the credit of the | 7714 |
| general services fund created under section 125.15 of the Revised | 7715 |
| Code. | 7716 |
| Sec. 125.609. The office of procurement from community | 7717 |
| rehabilitation programs, on its own or pursuant to a request from | 7718 |
| a government ordering office, may release a government ordering | 7719 |
| office from compliance with sections 125.60 to 125.6012 of the | 7720 |
| Revised Code. If the office determines that compliance is not | 7721 |
| possible or not advantageous, or if conditions prescribed in rules | 7722 |
| as may be adopted under section 125.603 of the Revised Code for | 7723 |
| granting a release are met, the office may grant a release. The | 7724 |
| release shall be in writing, and shall specify the supplies or | 7725 |
| services to which it applies, the period of time during which it | 7726 |
| is effective, and the reason for which it is granted. | 7727 |
| Sec. 125.6010. Section 125.607 of the Revised Code does not | 7728 |
| apply to the purchase of a product or service available from a | 7729 |
| state agency, state instrumentality, or political subdivision | 7730 |
| under any law in effect on July 1, 2005. | 7731 |
| Sec. 125.6011. (A) Nothing in sections 125.60 to 125.6012 of | 7732 |
| the Revised Code shall be construed to prohibit the purchase of a | 7733 |
| supply or service from a qualified nonprofit agency by a political | 7734 |
| subdivision that is not a government ordering office. | 7735 |
| (B) Purchases made under this section by a political | 7736 |
| subdivision, as defined in section 125.04 of the Revised Code, are | 7737 |
| exempt from any competitive selection procedures otherwise | 7738 |
| required by law. Purchases under this section shall be made from | 7739 |
| qualified nonprofit agencies or their approved agents. | 7740 |
| (C) A political subdivision, as defined in section 125.04 of | 7741 |
| the Revised Code, may not purchase under division (C) of that | 7742 |
| section a supply or service on the procurement list established | 7743 |
| under section 125.603 of the Revised Code. | 7744 |
| Sec. 125.6012. A government ordering office and qualified | 7745 |
| nonprofit agency shall provide the necessary information and | 7746 |
| documentation requested by the office of procurement from | 7747 |
| community rehabilitation programs to enable the office to | 7748 |
| effectively administer sections 125.60 to 125.6012 of the Revised | 7749 |
| Code. | 7750 |
| Sec. 125.831. As used in sections 125.831 to 125.833 of the | 7751 |
| Revised Code: | 7752 |
| (A) "Law enforcement officer" means an officer, agent, or | 7753 |
| employee of a state agency upon whom, by statute, a duty to | 7754 |
| conserve the peace or to enforce all or certain laws is imposed | 7755 |
| and the authority to arrest violators is conferred, within the | 7756 |
| limits of that statutory duty and authority, but does not include | 7757 |
| such an officer, agent, or employee if that duty and authority is | 7758 |
| location specific. | 7759 |
| (B)(1) "Motor vehicle" means any automobile, car minivan, | 7760 |
| cargo van, passenger van, sport utility vehicle, or pickup truck | 7761 |
| with a gross vehicle weight of under twelve thousand pounds. | 7762 |
| (2) "Motor vehicle" does not include, except for the purposes | 7763 |
| of division (C) of section 125.832 of the Revised Code, any | 7764 |
| vehicle described in division (B)(1) of this section that is used | 7765 |
| by a law enforcement officer and law enforcement agency or any | 7766 |
| vehicle that is so described and that is equipped with specialized | 7767 |
| equipment that is not normally found in such a vehicle and that is | 7768 |
| used to carry out a state agency's specific and specialized duties | 7769 |
| and responsibilities. | 7770 |
| (C) "Specialized equipment" does not include standard mobile | 7771 |
| radios with no capabilities other than voice communication, | 7772 |
| exterior and interior lights, or roof-mounted caution lights. | 7773 |
| (D) "State agency" means every organized body, office, board, | 7774 |
| authority, commission, or agency established by the laws of the | 7775 |
| state for the exercise of any governmental or quasi-governmental | 7776 |
| function of state government regardless of the funding source for | 7777 |
| that entity, other than any | 7778 |
| higher education, the office of the governor, lieutenant governor, | 7779 |
| auditor of state, treasurer of state, secretary of state, or | 7780 |
| attorney general, the general assembly or any legislative agency, | 7781 |
| 7782 | |
| system or retirement program established by or referenced in the | 7783 |
| Revised Code. | 7784 |
| (E) "State institution of higher education" has the same | 7785 |
| meaning as in section 3345.011 of the Revised Code. | 7786 |
| Sec. 125.832. (A) The department of administrative services | 7787 |
| is granted exclusive authority over the acquisition and management | 7788 |
| of all motor vehicles used by state agencies. In carrying out this | 7789 |
| authority, the department shall do both of the following: | 7790 |
| (1) Approve the purchase or lease of each motor vehicle for | 7791 |
| use by a state agency. The department shall decide if a motor | 7792 |
| vehicle shall be leased or purchased for that use. | 7793 |
| Except as otherwise provided in division (A)(1) of this | 7794 |
| section, on and after July 1, 2005, each state agency shall | 7795 |
| acquire all passenger motor vehicles under the department's master | 7796 |
| leasing program. If the department determines that acquisition | 7797 |
| under that program is not the most economical method and if the | 7798 |
| department and the state agency acquiring the passenger motor | 7799 |
| vehicle can provide economic justification for doing so, the | 7800 |
| department may approve the purchase, rather than the lease, of a | 7801 |
| passenger motor vehicle for the acquiring state agency. | 7802 |
| (2) Direct and approve all funds that are expended for the | 7803 |
| purchase, lease, repair, maintenance, registration, insuring, and | 7804 |
| other costs related to the possession and operation of motor | 7805 |
| vehicles for the use of state agencies. | 7806 |
| (B) The director of administrative services shall establish | 7807 |
| and operate a fleet management program. The director shall operate | 7808 |
| the program for purposes including, but not limited to, | 7809 |
| cost-effective acquisition, maintenance, management, analysis, and | 7810 |
| disposal of all motor vehicles owned or leased by the state. All | 7811 |
| state agencies shall comply with statewide fleet management | 7812 |
| policies and procedures established by the director for the | 7813 |
| program, including, but not limited to, motor vehicle assignments, | 7814 |
| additions of motor vehicles to fleets or motor vehicle | 7815 |
| replacements, motor vehicle fueling, and motor vehicle repairs. | 7816 |
| (C) The director shall establish and maintain a fleet | 7817 |
| reporting system and shall require state agencies to submit to the | 7818 |
| department information relative to state motor vehicles, including | 7819 |
| motor vehicles described in division (B)(2) of section 125.831 of | 7820 |
| the Revised Code, to be used in operating the fleet management | 7821 |
| program. State agencies shall provide to the department fleet data | 7822 |
| and other information, including, but not limited to, mileage and | 7823 |
| costs. The data and other information shall be submitted in | 7824 |
| formats and in a manner determined by the department. | 7825 |
| (D) All state agency purchases or leases of motor vehicles | 7826 |
| are subject to the prior approval of the director under division | 7827 |
| (A)(1) of this section. | 7828 |
| (E) State agencies that utilize state motor vehicles or pay | 7829 |
| mileage reimbursements to employees shall provide a fleet plan to | 7830 |
| the department as directed by the department. | 7831 |
| (F)(1) The fleets of state agencies that consist of one | 7832 |
| hundred or less vehicles on July 1, 2004, shall be managed by the | 7833 |
| department's fleet management program on a time schedule | 7834 |
| determined by the department, unless the state agency has received | 7835 |
| delegated authority as described in division (G) of this section. | 7836 |
| (2) The fleets of state agencies that consist of greater than | 7837 |
| one hundred motor vehicles, but less than five hundred motor | 7838 |
| vehicles, on July 1, 2005, also shall be managed by the | 7839 |
| department's fleet management program on a time schedule | 7840 |
| determined by the department, unless the state agency has received | 7841 |
| delegated authority as described in division (G) of this section. | 7842 |
| (G)(1) The department may delegate any or all of its duties | 7843 |
| regarding fleet management to a state agency, if the state agency | 7844 |
| demonstrates to the satisfaction of the department both of the | 7845 |
| following: | 7846 |
| (a) Capabilities to institute and manage a fleet management | 7847 |
| program, including, but not limited to, the presence of a | 7848 |
| certified fleet manager; | 7849 |
| (b) Fleet management performance, as demonstrated by fleet | 7850 |
| data and other information submitted pursuant to annual reporting | 7851 |
| requirements and any other criteria the department considers | 7852 |
| necessary in evaluating the performance. | 7853 |
| (2) The department may determine that a state agency is not | 7854 |
| in compliance with this section and direct that the agency's fleet | 7855 |
| management duties be transferred to the department. | 7856 |
| (H) The proceeds derived from the disposition of any motor | 7857 |
| vehicles under this section shall be paid to whichever of the | 7858 |
| following applies: | 7859 |
| (1) The fund that originally provided moneys for the purchase | 7860 |
| or lease of the motor vehicles; | 7861 |
| (2) If the motor vehicles were originally purchased with | 7862 |
| moneys derived from the general revenue fund, the proceeds shall | 7863 |
| be deposited, in the director's discretion, into the state | 7864 |
| treasury | 7865 |
| created by section 125.83 of the Revised Code or the investment | 7866 |
| recovery fund created by section 125.14 of the Revised Code. | 7867 |
| (I)(1) The department shall create and maintain a certified | 7868 |
| fleet manager program. | 7869 |
| (2) State agencies that have received delegated authority as | 7870 |
| described in division (G) of this section shall have a certified | 7871 |
| fleet manager. | 7872 |
| (J) The department annually shall prepare and submit a | 7873 |
| statewide fleet report to the governor, the speaker of the house | 7874 |
| of representatives, and the president of the senate. The report | 7875 |
| shall be submitted not later than the thirty-first day of January | 7876 |
| following the end of each fiscal year. It may include, but is not | 7877 |
| limited to, the numbers and types of motor vehicles, their | 7878 |
| mileage, miles per gallon, and cost per mile, mileage | 7879 |
| reimbursements, accident and insurance data, and information | 7880 |
| regarding compliance by state agencies having delegated authority | 7881 |
| under division (G) of this section with applicable fleet | 7882 |
| management requirements. | 7883 |
| (K) The director shall adopt rules for implementing the fleet | 7884 |
| management program that are consistent with recognized best | 7885 |
| practices. The program shall be supported by reasonable fee | 7886 |
| charges for the services provided. The director shall collect | 7887 |
| these fees and deposit them into the state treasury to the credit | 7888 |
| for the fleet management fund created by section 125.83 of the | 7889 |
| Revised Code. The setting and collection of fees under this | 7890 |
| division is not subject to any restriction imposed by law upon the | 7891 |
| director's or the department's authority to set or collect fees. | 7892 |
| (L) The director also shall adopt rules that prohibit, except | 7893 |
| in very limited circumstances, the exclusive assignment of | 7894 |
| state-owned, leased, or pooled motor vehicles to state employees | 7895 |
| and that prohibit the reimbursement under section 126.31 of the | 7896 |
| Revised Code of state employees who use their own motor vehicles | 7897 |
| for any mileage they incur above an amount that the department | 7898 |
| shall determine annually unless reimbursement for the excess | 7899 |
| mileage is approved by the department in accordance with standards | 7900 |
| for that approval the director shall establish in those rules. | 7901 |
| Beginning on | 7902 |
| 2003, no | 7903 |
| be personally assigned as any form of compensation or benefit of | 7904 |
| state employment, and no | 7905 |
| vehicle shall be assigned to an employee solely for commuting to | 7906 |
| and from home and work. | 7907 |
| (M) The director shall do both of the following: | 7908 |
| (1) Implement to the greatest extent possible the | 7909 |
| recommendations from the 2002 report entitled "Administrative | 7910 |
| Analysis of the Ohio Fleet Management Program" in connection with | 7911 |
| the authority granted to the department by this section; | 7912 |
| (2) Attempt to reduce the number of passenger vehicles used | 7913 |
| by state agencies during the fiscal years ending on June 30, 2004, | 7914 |
| and June 30, 2005. | 7915 |
| (N) Each state agency shall reimburse the department for all | 7916 |
| costs incurred in the assignment of motor vehicles to the state | 7917 |
| agency. | 7918 |
| (O) The director shall do all of the following in managing | 7919 |
| the fleet management program: | 7920 |
| (1) Determine how motor vehicles will be maintained, insured, | 7921 |
| operated, financed, and licensed; | 7922 |
| (2) Pursuant to the formula in division (O)(3) of this | 7923 |
| section, annually establish the minimum number of business miles | 7924 |
| per year an employee of a state agency must drive in order to | 7925 |
| qualify for approval by the department to receive a motor vehicle | 7926 |
| for business use; | 7927 |
| (3) Establish the minimum number of business miles per year | 7928 |
| at an amount that results when the annual motor vehicle cost is | 7929 |
| divided by the amount that is the reimbursement rate per mile | 7930 |
| minus the amount that is the sum of the fuel cost, the operating | 7931 |
| cost, and the insurance cost. As used in this division: | 7932 |
| (a) "Annual motor vehicle cost" means the price of a motor | 7933 |
| vehicle divided by the number of years an average motor vehicle is | 7934 |
| used. | 7935 |
| (b) "Fuel cost" means the average price per gallon of motor | 7936 |
| fuel divided by the miles per gallon fuel efficiency of a motor | 7937 |
| vehicle. | 7938 |
| (c) "Insurance cost" means the cost of insuring a motor | 7939 |
| vehicle per year divided by the number of miles an average motor | 7940 |
| vehicle is driven per year. | 7941 |
| (d) "Operating cost" means the maintenance cost of a motor | 7942 |
| vehicle per year divided by the product resulting when the number | 7943 |
| of miles an average motor vehicle is driven per year is multiplied | 7944 |
| by the number of years an average motor vehicle is used. | 7945 |
| (e) "Reimbursement rate per mile" means the reimbursement per | 7946 |
| mile rate for travel expenses as provided by rule of the director | 7947 |
| of budget and management adopted under division (B) of section | 7948 |
| 126.31 of the Revised Code. | 7949 |
| (P)(1) Not later than the fifteenth day of September of each | 7950 |
| year, each state institution of higher education shall report to | 7951 |
| the department on all of the following topics relating to motor | 7952 |
| vehicles that the institution acquires and manages: | 7953 |
| (a) The methods it uses to track the motor vehicles; | 7954 |
| (b) Whether or not it uses a fuel card program to purchase | 7955 |
| fuel for, or to pay for the maintenance of, the motor vehicles; | 7956 |
| (c) Whether or not it makes bulk purchases of fuel for the | 7957 |
| motor vehicles. | 7958 |
| (2) Assuming it does not use the fleet management tracking, | 7959 |
| fuel card program, and bulk fuel purchases tools and services that | 7960 |
| the department provides, the report of a state institution of | 7961 |
| higher education required by division (P)(1) of this section also | 7962 |
| shall include both of the following: | 7963 |
| (a) An analysis of the amount the institution would save, if | 7964 |
| any, if it were to use the fleet management tracking, fuel card | 7965 |
| program, and bulk fuel purchases tools and services that the | 7966 |
| department provides instead of the fleet management system the | 7967 |
| institution regularly uses; | 7968 |
| (b) A rationale for either continuing with the fleet | 7969 |
| management system that the institution regularly uses or changing | 7970 |
| to the use of those tools and services that the department | 7971 |
| provides. | 7972 |
| (3) The department shall certify within ninety days after | 7973 |
| receipt of all reports under division (P)(1) of this section a | 7974 |
| list of those state institutions of higher education that the | 7975 |
| department determines would save amounts if they were to use the | 7976 |
| fleet management tracking, fuel card program, and bulk fuel | 7977 |
| purchases tools and services that the department provides. The | 7978 |
| institutions so certified then shall use those tools and services | 7979 |
| that the department provides until the department next certifies | 7980 |
| institutions under division (P)(3) of this section. | 7981 |
| Sec. 126.25. The accounting and budgeting services provided | 7982 |
| by the director of budget and management shall be supported by | 7983 |
| user charges. The director shall determine a rate that is | 7984 |
| sufficient to defray the expense of those services and the manner | 7985 |
| by which those charges shall be collected. All money collected | 7986 |
| from user charges shall be deposited in the state treasury to the | 7987 |
|
credit of the | 7988 |
| created. Rebates or revenue shares received from any state payment | 7989 |
| card program established under division (B) of section 126.21 of | 7990 |
| the Revised Code and miscellaneous payments that reimburse | 7991 |
| expenses paid from the | 7992 |
| deposited into
the | 7993 |
| support accounting and budgeting services. | 7994 |
| Sec. 127.16. (A) Upon the request of either a state agency | 7995 |
| or the director of budget and management and after the controlling | 7996 |
| board determines that an emergency or a sufficient economic reason | 7997 |
| exists, the controlling board may approve the making of a purchase | 7998 |
| without competitive selection as provided in division (B) of this | 7999 |
| section. | 8000 |
| (B) Except as otherwise provided in this section, no state | 8001 |
| agency, using money that has been appropriated to it directly, | 8002 |
| shall: | 8003 |
| (1) Make any purchase from a particular supplier, that would | 8004 |
| amount to fifty thousand dollars or more when combined with both | 8005 |
| the amount of all disbursements to the supplier during the fiscal | 8006 |
| year for purchases made by the agency and the amount of all | 8007 |
| outstanding encumbrances for purchases made by the agency from the | 8008 |
| supplier, unless the purchase is made by competitive selection or | 8009 |
| with the approval of the controlling board; | 8010 |
| (2) Lease real estate from a particular supplier, if the | 8011 |
| lease would amount to seventy-five thousand dollars or more when | 8012 |
| combined with both the amount of all disbursements to the supplier | 8013 |
| during the fiscal year for real estate leases made by the agency | 8014 |
| and the amount of all outstanding encumbrances for real estate | 8015 |
| leases made by the agency from the supplier, unless the lease is | 8016 |
| made by competitive selection or with the approval of the | 8017 |
| controlling board. | 8018 |
| (C) Any person who authorizes a purchase in violation of | 8019 |
| division (B) of this section shall be liable to the state for any | 8020 |
| state funds spent on the purchase, and the attorney general shall | 8021 |
| collect the amount from the person. | 8022 |
| (D) Nothing in division (B) of this section shall be | 8023 |
| construed as: | 8024 |
| (1) A limitation upon the authority of the director of | 8025 |
| transportation as granted in sections 5501.17, 5517.02, and | 8026 |
| 5525.14 of the Revised Code; | 8027 |
| (2) Applying to medicaid provider agreements under Chapter | 8028 |
|
5111. of the Revised Code
| 8029 |
| 8030 | |
| 8031 |
| (3) Applying to the purchase of examinations from a sole | 8032 |
| supplier by a state licensing board under Title XLVII of the | 8033 |
| Revised Code; | 8034 |
| (4) Applying to entertainment contracts for the Ohio state | 8035 |
| fair entered into by the Ohio expositions commission, provided | 8036 |
| that the controlling board has given its approval to the | 8037 |
| commission to enter into such contracts and has approved a total | 8038 |
| budget amount for such contracts as agreed upon by commission | 8039 |
| action, and that the commission causes to be kept itemized records | 8040 |
| of the amounts of money spent under each contract and annually | 8041 |
| files those records with the clerk of the house of representatives | 8042 |
| and the clerk of the senate following the close of the fair; | 8043 |
| (5) Limiting the authority of the chief of the division of | 8044 |
| mineral resources management to contract for reclamation work with | 8045 |
| an operator mining adjacent land as provided in section 1513.27 of | 8046 |
| the Revised Code; | 8047 |
| (6) Applying to investment transactions and procedures of any | 8048 |
| state agency, except that the agency shall file with the board the | 8049 |
| name of any person with whom the agency contracts to make, broker, | 8050 |
| service, or otherwise manage its investments, as well as the | 8051 |
| commission, rate, or schedule of charges of such person with | 8052 |
| respect to any investment transactions to be undertaken on behalf | 8053 |
| of the agency. The filing shall be in a form and at such times as | 8054 |
| the board considers appropriate. | 8055 |
| (7) Applying to purchases made with money for the per cent | 8056 |
| for arts program established by section 3379.10 of the Revised | 8057 |
| Code; | 8058 |
| (8) Applying to purchases made by the rehabilitation services | 8059 |
| commission of services, or supplies, that are provided to persons | 8060 |
| with disabilities, or to purchases made by the commission in | 8061 |
| connection with the eligibility determinations it makes for | 8062 |
| applicants of programs administered by the social security | 8063 |
| administration; | 8064 |
| (9) Applying to payments by the department of job and family | 8065 |
| services under section 5111.13 of the Revised Code for group | 8066 |
| health plan premiums, deductibles, coinsurance, and other | 8067 |
| cost-sharing expenses; | 8068 |
| (10) Applying to any agency of the legislative branch of the | 8069 |
| state government; | 8070 |
| (11) Applying to agreements or contracts entered into under | 8071 |
| section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the | 8072 |
| Revised Code; | 8073 |
| (12) Applying to purchases of services by the adult parole | 8074 |
| authority under section 2967.14 of the Revised Code or by the | 8075 |
| department of youth services under section 5139.08 of the Revised | 8076 |
| Code; | 8077 |
| (13) Applying to dues or fees paid for membership in an | 8078 |
| organization or association; | 8079 |
| (14) Applying to purchases of utility services pursuant to | 8080 |
| section 9.30 of the Revised Code; | 8081 |
| (15) Applying to purchases made in accordance with rules | 8082 |
| adopted by the department of administrative services of motor | 8083 |
| vehicle, aviation, or watercraft fuel, or emergency repairs of | 8084 |
| such vehicles; | 8085 |
| (16) Applying to purchases of tickets for passenger air | 8086 |
| transportation; | 8087 |
| (17) Applying to purchases necessary to provide public | 8088 |
| notifications required by law or to provide notifications of job | 8089 |
| openings; | 8090 |
| (18) Applying to the judicial branch of state government; | 8091 |
| (19) Applying to purchases of liquor for resale by the | 8092 |
| division of liquor control; | 8093 |
| (20) Applying to purchases of motor courier and freight | 8094 |
| services made in accordance with department of administrative | 8095 |
| services rules; | 8096 |
| (21) Applying to purchases from the United States postal | 8097 |
| service and purchases of stamps and postal meter replenishment | 8098 |
| from vendors at rates established by the United States postal | 8099 |
| service; | 8100 |
| (22) Applying to purchases of books, periodicals, pamphlets, | 8101 |
| newspapers, maintenance subscriptions, and other published | 8102 |
| materials; | 8103 |
| (23) Applying to purchases from other state agencies, | 8104 |
| including state-assisted institutions of higher education; | 8105 |
| (24) Limiting the authority of the director of environmental | 8106 |
| protection to enter into contracts under division (D) of section | 8107 |
| 3745.14 of the Revised Code to conduct compliance reviews, as | 8108 |
| defined in division (A) of that section; | 8109 |
| (25) Applying to purchases from a qualified nonprofit agency | 8110 |
| pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of | 8111 |
| the Revised Code; | 8112 |
| (26) Applying to payments by the department of job and family | 8113 |
| services to the United States department of health and human | 8114 |
| services for printing and mailing notices pertaining to the tax | 8115 |
| refund offset program of the internal revenue service of the | 8116 |
| United States department of the treasury; | 8117 |
| (27) Applying to contracts entered into by the department of | 8118 |
| mental retardation and developmental disabilities under sections | 8119 |
| 5123.18, 5123.182, and 5123.199 of the Revised Code; | 8120 |
| (28) Applying to payments made by the department of mental | 8121 |
| health under a physician recruitment program authorized by section | 8122 |
| 5119.101 of the Revised Code; | 8123 |
| (29) Applying to contracts entered into with persons by the | 8124 |
| director of commerce for unclaimed funds collection and remittance | 8125 |
| efforts as provided in division (F) of section 169.03 of the | 8126 |
| Revised Code. The director shall keep an itemized accounting of | 8127 |
| unclaimed funds collected by those persons and amounts paid to | 8128 |
| them for their services. | 8129 |
| (30) Applying to purchases made by a state institution of | 8130 |
| higher education in accordance with the terms of a contract | 8131 |
| between the vendor and an inter-university purchasing group | 8132 |
| comprised of purchasing officers of state institutions of higher | 8133 |
| education; | 8134 |
| (31) Applying to the department of job and family services' | 8135 |
| purchases of health assistance services under the children's | 8136 |
| health insurance program part I provided for under section 5101.50 | 8137 |
| of the Revised Code or the children's health insurance program | 8138 |
| part II provided for under section 5101.51 of the Revised Code; | 8139 |
| (32) Applying to payments by the attorney general from the | 8140 |
| reparations fund to hospitals and other emergency medical | 8141 |
| facilities for performing medical examinations to collect physical | 8142 |
| evidence pursuant to section 2907.28 of the Revised Code; | 8143 |
| (33) Applying to contracts with a contracting authority or | 8144 |
|
administrative receiver under division | 8145 |
| 8146 |
| (34) Applying to reimbursements paid to the United States | 8147 |
| department of veterans affairs for pharmaceutical and patient | 8148 |
| supply purchases made on behalf of the Ohio veterans' home agency; | 8149 |
| (35) Applying to agreements the department of job and family | 8150 |
| services enters into with terminal distributors of dangerous drugs | 8151 |
| under section 5110.12 of the Revised Code. | 8152 |
| (E) Notwithstanding division (B)(1) of this section, the | 8153 |
| cumulative purchase threshold shall be seventy-five thousand | 8154 |
| dollars for the departments of mental retardation and | 8155 |
| developmental disabilities, mental health, rehabilitation and | 8156 |
| correction, and youth services. | 8157 |
| (F) When determining whether a state agency has reached the | 8158 |
| cumulative purchase thresholds established in divisions (B)(1), | 8159 |
| (B)(2), and (E) of this section, all of the following purchases by | 8160 |
| such agency shall not be considered: | 8161 |
| (1) Purchases made through competitive selection or with | 8162 |
| controlling board approval; | 8163 |
| (2) Purchases listed in division (D) of this section; | 8164 |
| (3) For the purposes of the thresholds of divisions (B)(1) | 8165 |
| and (E) of this section only, leases of real estate. | 8166 |
| (G) As used in this section, "competitive selection," | 8167 |
| "purchase," "supplies," and "services" have the same meanings as | 8168 |
| in section 125.01 of the Revised Code. | 8169 |
| Sec. 131.02. (A) Whenever any amount is payable to the state, | 8170 |
| the officer, employee, or agent responsible for administering the | 8171 |
| law under which the amount is payable shall immediately proceed to | 8172 |
| collect the amount or cause the amount to be collected and shall | 8173 |
| pay the amount into the state treasury or into the appropriate | 8174 |
| custodial fund in the manner set forth pursuant to section 113.08 | 8175 |
| of the Revised Code. | 8176 |
| division, if the amount is not paid within forty-five days after | 8177 |
| payment is due, the officer, employee, or agent shall certify the | 8178 |
| amount due to the attorney general, in the form and manner | 8179 |
| prescribed by the attorney general, and notify the director of | 8180 |
| budget and management thereof. In the case of an amount payable by | 8181 |
| a student enrolled in a state institution of higher education, the | 8182 |
| amount shall be certified within the later of forty-five days | 8183 |
| after the amount is due or the tenth day after the beginning of | 8184 |
| the next academic semester, quarter, or other session following | 8185 |
| the session for which the payment is payable. The attorney general | 8186 |
| may assess the collection cost to the amount certified in such | 8187 |
| manner and amount as prescribed by the attorney general. | 8188 |
| For the purposes of this section, a payment is due at the | 8189 |
| time provided in divisions (A)(1) to (9) of this section. If more | 8190 |
| than one division applies to a payment, the payment is due at the | 8191 |
| earliest of the applicable times. | 8192 |
| (1) If a law, including an administrative rule, of this state | 8193 |
| prescribes the time a payment is required to be made or reported, | 8194 |
| when the payment is required by that law to be paid or reported. | 8195 |
| (2) If the payment is for services rendered, when the | 8196 |
| rendering of the services is completed. | 8197 |
| (3) If the payment is reimbursement for a loss, when the loss | 8198 |
| is incurred. | 8199 |
| (4) In the case of a fine or penalty for which a law or | 8200 |
| administrative rule does not prescribe a time for payment, when | 8201 |
| the fine or penalty is first assessed. | 8202 |
| (5) If the payment arises from a legal finding, judgment, or | 8203 |
| adjudication order, when the finding, judgment, or order is | 8204 |
| rendered or issued. | 8205 |
| (6) If the payment arises from an overpayment of money by the | 8206 |
| state to another person, when the overpayment is discovered. | 8207 |
| (7) The date on which the amount for which an individual is | 8208 |
| personally liable under section 5735.35, section 5739.33, or | 8209 |
| division (G) of section 5747.07 of the Revised Code is determined. | 8210 |
| (8) Upon proof of claim being filed in a bankruptcy case. | 8211 |
| (9) Any other appropriate time determined by the officer, | 8212 |
| employee, or agent responsible for administering the law under | 8213 |
| which the amount is payable on the basis of statutory requirements | 8214 |
| or ordinary business processes of the state agency to which the | 8215 |
| payment is owed. | 8216 |
| (B)(1) The attorney general shall give immediate notice by | 8217 |
| mail or otherwise to the party indebted of the nature and amount | 8218 |
| of the indebtedness. | 8219 |
| (2) If the amount payable to this state arises from a tax | 8220 |
| levied under Chapter 5733., 5739., 5741., or 5747. of the Revised | 8221 |
| Code, the notice also shall specify all of the following: | 8222 |
| (a) The assessment or case number; | 8223 |
| (b) The tax pursuant to which the assessment is made; | 8224 |
| (c) The reason for the liability, including, if applicable, | 8225 |
| that a penalty or interest is due; | 8226 |
| (d) An explanation of how and when interest will be added to | 8227 |
| the amount assessed; | 8228 |
| (e) That the attorney general and tax commissioner, acting | 8229 |
| together, have the authority, but are not required, to compromise | 8230 |
| the claim and accept payment over a reasonable time, if such | 8231 |
| actions are in the best interest of the state. | 8232 |
| (C) The attorney general shall collect the claim or secure a | 8233 |
| judgment and issue an execution for its collection. | 8234 |
| (D) Each claim shall bear interest, from the day on which the | 8235 |
| claim became due, at the rate per annum required by section | 8236 |
| 5703.47 of the Revised Code. | 8237 |
| (E) The attorney general and the chief officer of the agency | 8238 |
| reporting a claim, acting together, may do any of the following if | 8239 |
| such action is in the best interests of the state: | 8240 |
| (1) Compromise the claim; | 8241 |
| (2) Extend for a reasonable period the time for payment of | 8242 |
| the claim by agreeing to accept monthly or other periodic | 8243 |
| payments. The agreement may require security for payment of the | 8244 |
| claim. | 8245 |
| (3) Add fees to recover the cost of processing checks or | 8246 |
| other draft instruments returned for insufficient funds and the | 8247 |
| cost of providing electronic payment options. | 8248 |
| (F)(1) Except as provided in division (F)(2) of this section, | 8249 |
| if the attorney general finds, after investigation, that any claim | 8250 |
| due and owing to the state is uncollectible, the attorney general, | 8251 |
| with the consent of the chief officer of the agency reporting the | 8252 |
| claim, may do the following: | 8253 |
| (a) Sell, convey, or otherwise transfer the claim to one or | 8254 |
| more private entities for collection; | 8255 |
| (b) Cancel the claim or cause it to be cancelled. | 8256 |
| (2) The attorney general shall cancel or cause to be | 8257 |
| cancelled an unsatisfied claim on the date that is forty years | 8258 |
| after the date the claim is certified. | 8259 |
| (3) If information contained in a claim that is sold, | 8260 |
| conveyed, or transferred to a private entity pursuant to this | 8261 |
| section is confidential pursuant to federal law or a section of | 8262 |
| the Revised Code that implements a federal law governing | 8263 |
| confidentiality, such information remains subject to that law | 8264 |
| during and following the sale, conveyance, or transfer. | 8265 |
| Sec. 131.022. (A) As used in this section: | 8266 |
| (1) "Final overdue claim" means a claim that has been | 8267 |
| certified to the attorney general under section 131.02 of the | 8268 |
| Revised Code, that has been final for at least one year, and for | 8269 |
| which no arrangements have been made for the payment thereof or, | 8270 |
| if such arrangements have been made, the person owing the claim | 8271 |
| has failed to comply with the terms of the arrangement for more | 8272 |
| than thirty days. | 8273 |
| "Final overdue claim" includes collection costs incurred with | 8274 |
| respect to such a claim and assessed by the attorney general under | 8275 |
| division (A) of section 131.02 of the Revised Code, interest | 8276 |
| accreting to the claim under division (D) of that section, and | 8277 |
| fees added under division (E)(3) of that section. | 8278 |
| (2) "Final" means a claim has been finalized under the law | 8279 |
| providing for the imposition or determination of the amount due, | 8280 |
| and any time provided for appeal of the amount, legality, or | 8281 |
| validity of the claim has expired without an appeal having been | 8282 |
| filed in the manner provided by law. "Final" includes, but is not | 8283 |
| limited to, a final determination of the tax commissioner for | 8284 |
| which the time for appeal has expired without a notice of appeal | 8285 |
| having been filed. | 8286 |
| (B) If a claim is certified to the attorney general under | 8287 |
| section 131.02 of the Revised Code, at any time after the claim is | 8288 |
| a final overdue claim, the attorney general may sell or otherwise | 8289 |
| transfer the claim to any person. If the claim is to be sold, it | 8290 |
| may be sold by private negotiated sale or at public auction | 8291 |
| conducted by the attorney general or a designee, as is most | 8292 |
| likely, in the opinion of the attorney general, to yield the most | 8293 |
| favorable return on the sale. For the purposes of this division, a | 8294 |
| public auction includes an auction conducted electronically | 8295 |
| whereby bids are solicited and received via the internet and the | 8296 |
| solicitation is open to the public. | 8297 |
| (C) The attorney general may consolidate any number of final | 8298 |
| overdue claims for sale under this section. | 8299 |
| (D) Not less than sixty days before first offering a final | 8300 |
| overdue claim for sale, the attorney general shall provide written | 8301 |
| notice, by ordinary mail, to the person owing the claim at that | 8302 |
| person's last known mailing address. The notice shall state the | 8303 |
| following: | 8304 |
| (1) The nature and amount of the claim; | 8305 |
| (2) The manner in which the person may contact the office of | 8306 |
| the attorney general to arrange terms for payment of the claim; | 8307 |
| (3) That if the person does not contact the office of the | 8308 |
| attorney general within sixty days after the date the notice is | 8309 |
| issued and arrange terms for payment of the claim all of the | 8310 |
| following apply: | 8311 |
| (a) The claim will be offered for sale to a private party for | 8312 |
| collection by that party by any legal means; | 8313 |
| (b) The person is deemed to be denied any right to seek and | 8314 |
| obtain a refund of any amount from which the claim arises if the | 8315 |
| applicable law otherwise allows for such a refund; | 8316 |
| (c) The person is deemed to waive any right the person may | 8317 |
| have to confidentiality of information regarding the claim to the | 8318 |
| extent confidentiality is provided under any other section of the | 8319 |
| Revised Code. | 8320 |
| (E) Upon the sale or transfer of a final overdue claim under | 8321 |
| this section, the claim becomes the property of the purchaser or | 8322 |
| transferee, and may be sold or otherwise transferred by that | 8323 |
| person to any other person or otherwise disposed of. The owner of | 8324 |
| the claim is entitled to all proceeds from the collection of the | 8325 |
| claim. Purchasers or transferees of a final overdue claim are | 8326 |
| subject to any applicable laws governing collection of debts of | 8327 |
| the kind represented by the claim. | 8328 |
| (F) Upon the sale or transfer of a final overdue claim under | 8329 |
| this section, no refund shall be issued or paid to the person | 8330 |
| owing the claim for any part of the amount from which the claim | 8331 |
| arises. | 8332 |
| (G) Notwithstanding any other section of the Revised Code, | 8333 |
| the attorney general, solely for the purpose of effecting the sale | 8334 |
| or transfer of a final overdue claim under this section, may | 8335 |
| disclose information about the person owing the claim that | 8336 |
| otherwise would be confidential under a section of the Revised | 8337 |
| Code, and the person shall have no right of action against such | 8338 |
| disclosure to the extent such a right is available under that | 8339 |
| section. | 8340 |
| (H) The authority granted under this section is supplemental | 8341 |
| to the authority granted under section 131.02 of the Revised Code. | 8342 |
| Sec. 131.23. The various political subdivisions of this | 8343 |
| state may issue bonds, and any indebtedness created by such | 8344 |
| issuance shall not be subject to the limitations or included in | 8345 |
| the calculation of indebtedness prescribed by sections 133.05, | 8346 |
| 133.06, 133.07, and 133.09 of the Revised Code, but such bonds may | 8347 |
| be issued only under the following conditions: | 8348 |
| (A) The subdivision desiring to issue such bonds shall obtain | 8349 |
| from the county auditor a certificate showing the total amount of | 8350 |
| delinquent taxes due and unpayable to such subdivision at the last | 8351 |
| semiannual tax settlement. | 8352 |
| (B) The fiscal officer of that subdivision shall prepare a | 8353 |
| statement, from the books of the subdivision, verified by the | 8354 |
| fiscal officer under oath, which shall contain the following facts | 8355 |
| of such subdivision: | 8356 |
| (1) The total bonded indebtedness; | 8357 |
| (2) The aggregate amount of notes payable or outstanding | 8358 |
| accounts of the subdivision, incurred prior to the commencement of | 8359 |
| the current fiscal year, which shall include all evidences of | 8360 |
| indebtedness issued by the subdivision except notes issued in | 8361 |
| anticipation of bond issues and the indebtedness of any | 8362 |
| nontax-supported public utility; | 8363 |
| (3) Except in the case of school districts, the aggregate | 8364 |
|
current year's requirement for disability
financial assistance | 8365 |
| 8366 | |
| Revised Code that the subdivision is unable to finance except by | 8367 |
| the issue of bonds; | 8368 |
| (4) The indebtedness outstanding through the issuance of any | 8369 |
| bonds or notes pledged or obligated to be paid by any delinquent | 8370 |
| taxes; | 8371 |
| (5) The total of any other indebtedness; | 8372 |
| (6) The net amount of delinquent taxes unpledged to pay any | 8373 |
| bonds, notes, or certificates, including delinquent assessments on | 8374 |
| improvements on which the bonds have been paid; | 8375 |
| (7) The budget requirements for the fiscal year for bond and | 8376 |
| note retirement; | 8377 |
| (8) The estimated revenue for the fiscal year. | 8378 |
| (C) The certificate and statement provided for in divisions | 8379 |
| (A) and (B) of this section shall be forwarded to the tax | 8380 |
| commissioner together with a request for authority to issue bonds | 8381 |
| of such subdivision in an amount not to exceed seventy per cent of | 8382 |
| the net unobligated delinquent taxes and assessments due and owing | 8383 |
| to such subdivision, as set forth in division (B)(6) of this | 8384 |
| section. | 8385 |
| (D) No subdivision may issue bonds under this section in | 8386 |
| excess of a sufficient amount to pay the indebtedness of the | 8387 |
| subdivision as shown by division (B)(2) of this section and, | 8388 |
| except in the case of school districts, to provide funds for | 8389 |
|
disability financial assistance | 8390 |
| as shown by division (B)(3) of this section. | 8391 |
| (E) The tax commissioner shall grant to such subdivision | 8392 |
| authority requested by such subdivision as restricted by divisions | 8393 |
| (C) and (D) of this section and shall make a record of the | 8394 |
| certificate, statement, and grant in a record book devoted solely | 8395 |
| to such recording and which shall be open to inspection by the | 8396 |
| public. | 8397 |
| (F) The commissioner shall immediately upon issuing the | 8398 |
| authority provided in division (E) of this section notify the | 8399 |
| proper authority having charge of the retirement of bonds of such | 8400 |
| subdivision by forwarding a copy of such grant of authority and of | 8401 |
| the statement provided for in division (B) of this section. | 8402 |
| (G) Upon receipt of authority, the subdivision shall proceed | 8403 |
| according to law to issue the amount of bonds authorized by the | 8404 |
| commissioner, and authorized by the taxing authority, provided the | 8405 |
| taxing authority of that subdivision may by resolution submit to | 8406 |
| the electors of that subdivision the question of issuing such | 8407 |
| bonds. Such resolution shall make the declarations and statements | 8408 |
| required by section 133.18 of the Revised Code. The county auditor | 8409 |
| and taxing authority shall thereupon proceed as set forth in | 8410 |
| divisions (C) and (D) of such section. The election on the | 8411 |
| question of issuing such bonds shall be held under divisions (E), | 8412 |
| (F), and (G) of such section, except that publication of the | 8413 |
| notice of such election shall be made on four separate days prior | 8414 |
| to such election in one or more newspapers of general circulation | 8415 |
| in the subdivisions. Such bonds may be exchanged at their face | 8416 |
| value with creditors of the subdivision in liquidating the | 8417 |
| indebtedness described and enumerated in division (B)(2) of this | 8418 |
| section or may be sold as provided in Chapter 133. of the Revised | 8419 |
| Code, and in either event shall be uncontestable. | 8420 |
| (H) The per cent of delinquent taxes and assessments | 8421 |
| collected for and to the credit of the subdivision after the | 8422 |
| exchange or sale of bonds as certified by the commissioner shall | 8423 |
| be paid to the authority having charge of the sinking fund of the | 8424 |
| subdivision, which money shall be placed in a separate fund for | 8425 |
| the purpose of retiring the bonds so issued. The proper authority | 8426 |
| of the subdivisions shall provide for the levying of a tax | 8427 |
| sufficient in amount to pay the debt charges on all such bonds | 8428 |
| issued under this section. | 8429 |
| (I) This section is for the sole purpose of assisting the | 8430 |
| various subdivisions in paying their unsecured indebtedness, and | 8431 |
|
providing funds for disability financial assistance | 8432 |
| 8433 | |
| section shall not be used for any other purpose and any exchange | 8434 |
| for other purposes, or the use of the money derived from the sale | 8435 |
| of such bonds by the subdivision for any other purpose, is | 8436 |
| misapplication of funds. | 8437 |
| (J) The bonds authorized by this section shall be redeemable | 8438 |
| or payable in not to exceed ten years from date of issue and shall | 8439 |
| not be subject to or considered in calculating the net | 8440 |
| indebtedness of the subdivision. The budget commission of the | 8441 |
| county in which the subdivision is located shall annually allocate | 8442 |
| such portion of the then delinquent levy due such subdivision | 8443 |
| which is unpledged for other purposes to the payment of debt | 8444 |
| charges on the bonds issued under authority of this section. | 8445 |
| (K) The issue of bonds under this section shall be governed | 8446 |
| by Chapter 133. of the Revised Code, respecting the terms used, | 8447 |
| forms, manner of sale, and redemption except as otherwise provided | 8448 |
| in this section. | 8449 |
| The board of county commissioners of any county may issue | 8450 |
| bonds authorized by this section and distribute the proceeds of | 8451 |
| such bond issues to any or all of the cities and townships of such | 8452 |
| counties, according to their relative needs for disability | 8453 |
|
financial assistance | 8454 |
| determined by such county. | 8455 |
| All sections of the Revised Code inconsistent with or | 8456 |
| prohibiting the exercise of the authority conferred by this | 8457 |
| section are inoperative respecting bonds issued under this | 8458 |
| section. | 8459 |
| Sec. 133.08. (A) In addition to any power to issue | 8460 |
| securities under other provisions of the Revised Code for the | 8461 |
| purposes, a county may issue revenue securities as authorized in | 8462 |
| this section. | 8463 |
| (B) A county may issue revenue securities to fund or refund | 8464 |
| revenue securities previously issued, or for any purposes for | 8465 |
| which it could issue self-supporting securities and, without | 8466 |
| limitation, any of the following general purposes: | 8467 |
| (1) For one or more established sewer districts, any of the | 8468 |
| purposes provided in divisions (C)(2)(a) and (b) of section 133.07 | 8469 |
| of the Revised Code; | 8470 |
| (2) Hospital facilities as defined in division (E) of section | 8471 |
| 140.01 of the Revised Code; | 8472 |
| (3) Facilities described in division (C)(10) of section | 8473 |
| 133.07 of the Revised Code; | 8474 |
| (4) Off-street parking facilities pursuant to section 307.02 | 8475 |
| of the Revised Code. | 8476 |
| (C) The county shall establish rates or charges for the use, | 8477 |
| availability, or rental of the facilities to which the financing | 8478 |
| relates, being the improvement, enterprise, system, project, or | 8479 |
| categories of improvements or the operation or function that the | 8480 |
| facilities serve, which rates or charges shall be designed to | 8481 |
| provide revenues to the county sufficient to pay the costs of all | 8482 |
| current expenses of the facilities payable by the county and to | 8483 |
| pay the debt charges on the securities and to establish and | 8484 |
| maintain any contractually required special funds relating to the | 8485 |
| securities or the facilities. | 8486 |
| (D) Revenue securities issued under this section shall not be | 8487 |
| general obligations of the county. Revenue securities issued under | 8488 |
| this section shall be secured only by a pledge of and lien upon | 8489 |
| the revenues of the county, derived from its ownership or | 8490 |
| operation of the facilities, including those rates or charges or | 8491 |
| rents and any interest subsidies or debt charges, grants, or other | 8492 |
| payments by federal or state agencies available therefor, and the | 8493 |
| covenants of the county to maintain sufficient rentals, rates, and | 8494 |
| charges to produce revenues sufficient to pay all current expenses | 8495 |
| of the facilities payable by the county and to pay the debt | 8496 |
| charges on the securities and to establish and maintain any | 8497 |
| contractually required special funds relating to the securities or | 8498 |
| the facilities, and, if the securities are anticipatory | 8499 |
| securities, to issue the revenue securities in anticipation of the | 8500 |
| issuance of which the revenue securities are issued. Revenue | 8501 |
| securities may also be secured by a pledge of and lien on the | 8502 |
| proceeds of any securities issued to fund or refund those revenue | 8503 |
| securities. | 8504 |
| (E) The county officers authorized by the county taxing | 8505 |
| authority shall execute the necessary documents, including but not | 8506 |
| limited to trust agreements and leases, to provide for the pledge, | 8507 |
| protection, and disposition of the pledged revenues from which | 8508 |
| debt charges and any special fund deposits are to be paid. | 8509 |
| (F) As long as any of these revenue securities, in either | 8510 |
| original or refunded form, remain outstanding, except as otherwise | 8511 |
| provided in those documents, all parts of the facilities the | 8512 |
| revenues from which are pledged, shall remain under the control of | 8513 |
| the county taxing authority, whether any parts of the facilities | 8514 |
| are leased to or operated by others or are in or thereafter come | 8515 |
| within the boundaries of any municipal corporation, and the | 8516 |
| facilities shall remain subject to the power and duty of the | 8517 |
| taxing authority to fix and collect rates or charges or rents for | 8518 |
| the use of facilities. | 8519 |
| (G) The authority to issue securities of the county under | 8520 |
| this section for permanent improvements described in division | 8521 |
| (B)(2) of this section or division (C)(2)(d) of section 133.07 of | 8522 |
| the Revised Code may separately and independently be exercised by | 8523 |
| a board of county hospital trustees established under section | 8524 |
| 339.02 of the Revised Code for those permanent improvements and | 8525 |
| related operations under the control of that board. | 8526 |
| (H) Sections 9.98 to 9.983 of the Revised Code apply to | 8527 |
| securities issued under this section, notwithstanding any other | 8528 |
| provision in this chapter. | 8529 |
| Sec. 133.081. (A) As used in this section: | 8530 |
| (1) "Anticipation notes" means notes issued in anticipation | 8531 |
| of the sales tax supported bonds authorized by this section; | 8532 |
| (2) "Authorizing proceedings" means the resolution, | 8533 |
| legislation, trust agreement, certification, and other agreements, | 8534 |
| instruments, and documents, as amended and supplemented, | 8535 |
| authorizing, or providing for the security or sale or award of, | 8536 |
| sales tax supported bonds, and includes the provisions set forth | 8537 |
| or incorporated in those bonds and proceedings; | 8538 |
| (3) "County sales tax" means any sales tax levied by the | 8539 |
| taxing authority of a county pursuant to section 5739.021 or | 8540 |
| 5739.026 of the Revised Code, and any tax levied by that taxing | 8541 |
| authority upon storage, use, or consumption under section 5741.021 | 8542 |
| or 5741.023 of the Revised Code. However, "county sales tax" does | 8543 |
| not include a sales tax subject to referendum or a sales tax that | 8544 |
| was adopted as an emergency measure and is subject to initiative | 8545 |
| petition under section 5739.022 of the Revised Code. | 8546 |
| (4) "Sales tax supported bonds" means the sales tax supported | 8547 |
| bonds authorized by this section, including anticipation notes; | 8548 |
| (5) "Refunding bonds" means sales tax supported bonds issued | 8549 |
| to provide for the refunding of the sales tax supported bonds | 8550 |
| referred to in this section as refunded obligations. | 8551 |
| (B) The taxing authority of a county which has levied a | 8552 |
| county sales tax for the purpose of providing additional general | 8553 |
| revenues of the county pursuant to Chapter 5739. of the Revised | 8554 |
| Code may anticipate the receipts of such tax and issue sales tax | 8555 |
| supported bonds of the county in the principal amount necessary to | 8556 |
| pay the costs of financing any permanent improvement as defined in | 8557 |
| division (CC) of section 133.01 of the Revised Code, or to refund | 8558 |
| any refunded obligations, provided that the taxing authority | 8559 |
| certifies that the annual debt charges on the sales tax supported | 8560 |
| bonds, or on the sales tax supported bonds being anticipated by | 8561 |
| anticipation notes, do not exceed the estimated annual county | 8562 |
| sales tax. The maximum aggregate amount of sales tax supported | 8563 |
| bonds that may be outstanding at any time in accordance with their | 8564 |
| terms shall not exceed an amount which requires or is estimated to | 8565 |
| require payments from sales tax receipts of debt charges on the | 8566 |
| sales tax supported bonds, or, in the case of anticipation notes, | 8567 |
| projected debt charges on the sales tax supported bonds | 8568 |
| anticipated, in any calendar year in an amount exceeding the | 8569 |
| county sales tax in anticipation of which the bonds or | 8570 |
| anticipation notes are issued as estimated by the fiscal officer | 8571 |
| based on general sales tax receipts averaged for the prior two | 8572 |
| calendar years prior to the year in which the sales tax supported | 8573 |
| bonds are issued, and annualized for any increase in the county | 8574 |
| sales tax which may have been levied in part during such period or | 8575 |
| levied after such period. A taxing authority may at any time issue | 8576 |
| renewal anticipation notes, issue sales tax supported bonds to pay | 8577 |
| renewal anticipation notes, and, if it considers refunding | 8578 |
| expedient, issue refunding sales tax supported bonds whether the | 8579 |
| refunded obligations have or have not matured. The refunding sales | 8580 |
| tax supported bonds shall be sold and the proceeds needed for such | 8581 |
| purpose applied in the manner provided in the authorizing | 8582 |
| proceedings of the taxing authority. The maximum maturity of sales | 8583 |
| tax supported bonds shall be calculated by the fiscal officer in | 8584 |
| accordance with section 133.20 of the Revised Code, and such | 8585 |
| calculation shall be filed with the taxing authority of the county | 8586 |
| prior to passage of a bond authorizing resolution. If the county | 8587 |
| sales tax pledged to the payment of the sales tax supported bonds | 8588 |
| has a stated expiration date, the final principal maturity date of | 8589 |
| the sales tax supported bonds shall not extend beyond the final | 8590 |
| year of collection of the county sales tax pledged to the payment | 8591 |
| of the sales tax supported bonds. | 8592 |
| (C) Every issue of sales tax supported bonds outstanding in | 8593 |
| accordance with their terms shall be payable out of the sales tax | 8594 |
| receipts received by the county or proceeds of sales tax supported | 8595 |
| bonds, renewal anticipation notes, or refunding sales tax | 8596 |
| supported bonds which may be pledged for such payment in the | 8597 |
| authorizing proceedings. The pledge shall be valid and binding | 8598 |
| from the time the pledge is made, and the county sales tax | 8599 |
| receipts and proceeds so pledged and thereafter received by the | 8600 |
| county shall immediately be subject to the lien of that pledge | 8601 |
| without any physical delivery of the county sales tax receipts or | 8602 |
| proceeds or further act. The lien of any pledge is valid and | 8603 |
| binding as against all parties having claims of any kind in tort, | 8604 |
| contract, or otherwise against the county, whether or not such | 8605 |
| parties have notice of the lien. Neither the resolution nor any | 8606 |
| trust agreement by which a pledge is created or further evidenced | 8607 |
| need be filed or recorded except in the records of the taxing | 8608 |
| authority. | 8609 |
| (D) Sales tax supported bonds issued under this section do | 8610 |
| not constitute a debt, or a pledge of the faith and credit, of the | 8611 |
| state, the county, or any other political subdivision of the | 8612 |
| state, and the holders or owners of the notes have no right to | 8613 |
| have taxes levied by the general assembly or by the taxing | 8614 |
| authority of any political subdivision of the state, including the | 8615 |
| taxing authority of the county, for the payment of debt charges. | 8616 |
| Unless paid from other sources, sales tax supported bonds are | 8617 |
| payable from the sales tax receipts pledged for their payment as | 8618 |
| authorized by this section. All sales tax supported bonds shall | 8619 |
| contain on their face a statement to the effect that the sales tax | 8620 |
| supported bonds, as to debt charges, are not debts or obligations | 8621 |
| of the state and are not debts of any political subdivision of the | 8622 |
| state, but, unless paid from other sources, are payable from the | 8623 |
| sales tax receipts pledged for their payment. The utilization and | 8624 |
| pledge of the sales tax receipts and proceeds of sales tax | 8625 |
| supported bonds, renewal anticipation notes, or refunding sales | 8626 |
| tax supported bonds for the payment of debt charges is determined | 8627 |
| by the general assembly to create a special obligation which is | 8628 |
| not a bonded indebtedness subject to Section 11 of Article XII, | 8629 |
| Ohio Constitution. | 8630 |
| (E) The sales tax supported bonds shall bear such date or | 8631 |
| dates, shall be executed in the manner, and shall mature at such | 8632 |
| time or times, in the case of any anticipation notes not exceeding | 8633 |
| ten years from the date of issue of the original anticipation | 8634 |
| notes and in the case of any sales tax supported bonds or of any | 8635 |
| refunding sales tax supported bonds, not exceeding the maximum | 8636 |
| maturity certified to the taxing authority pursuant to division | 8637 |
| (B) of this section, all as the authorizing proceedings may | 8638 |
| provide. The sales tax supported bonds shall bear interest at such | 8639 |
| rates, or at variable rate or rates changing from time to time, in | 8640 |
| accordance with provisions in the authorizing proceedings, be in | 8641 |
| such denominations and form, either coupon or registered, carry | 8642 |
| such registration privileges, be payable in such medium of payment | 8643 |
| and at such place or places, and be subject to such terms of | 8644 |
| redemption, as the taxing authority may authorize or provide. The | 8645 |
| sales tax supported bonds may be sold at public or private sale, | 8646 |
| and at, or at not less than, the price or prices as the taxing | 8647 |
| authority determines. If any officer whose signature or a | 8648 |
| facsimile of whose signature appears on any sales tax supported | 8649 |
| bonds or coupons ceases to be such officer before delivery of the | 8650 |
| sales tax supported bonds or anticipation notes, the signature or | 8651 |
| facsimile shall nevertheless be sufficient for all purposes as if | 8652 |
| that officer had remained in office until delivery of the sales | 8653 |
| tax supported bonds. Whether or not the sales tax supported bonds | 8654 |
| are of such form and character as to be negotiable instruments | 8655 |
| under Title XIII of the Revised Code, the sales tax supported | 8656 |
| bonds shall have all the qualities and incidents of negotiable | 8657 |
| instruments, subject only to any provisions for registration. | 8658 |
| Neither the members of the board of the taxing authority nor any | 8659 |
| person executing the sales tax supported bonds shall be liable | 8660 |
| personally on the sales tax supported bonds or be subject to any | 8661 |
| personal liability or accountability by reason of their issuance. | 8662 |
| (F) Notwithstanding any other provision of this section, | 8663 |
| sections 9.98 to 9.983, 133.02, 133.70, and 5709.76, and division | 8664 |
| (A) of section 133.03 of the Revised Code apply to the sales tax | 8665 |
| supported bonds. Sales tax supported bonds issued under this | 8666 |
| section need not comply with any other law applicable to notes or | 8667 |
| bonds but the authorizing proceedings may provide that divisions | 8668 |
| (B) to (E) of section 133.25 of the Revised Code apply to the | 8669 |
| sales tax supported bonds or anticipation notes. | 8670 |
| (G) Any authorized proceedings may contain provisions, | 8671 |
| subject to any agreements with holders as may then exist, which | 8672 |
| shall be a part of the contract with the holders, as to the | 8673 |
| pledging of any or all of the county's anticipated sales tax | 8674 |
| receipts to secure the payment of the sales tax supported bonds; | 8675 |
| the use and disposition of the sales tax receipts of the county; | 8676 |
| the crediting of the proceeds of the sale of sales tax supported | 8677 |
| bonds to and among the funds referred to or provided for in the | 8678 |
| authorizing proceedings; limitations on the purpose to which the | 8679 |
| proceeds of the sales tax supported bonds may be applied and the | 8680 |
| pledging of portions of such proceeds to secure the payment of the | 8681 |
| sales tax supported bonds or of anticipation notes; the agreement | 8682 |
| of the county to do all things necessary for the authorization, | 8683 |
| issuance, and sale of those notes anticipated in such amounts as | 8684 |
| may be necessary for the timely payment of debt charges on any | 8685 |
| anticipation notes; limitations on the issuance of additional | 8686 |
| sales tax supported bonds; the terms upon which additional sales | 8687 |
| tax supported bonds may be issued and secured; the refunding of | 8688 |
| refunded obligations; the procedure by which the terms of any | 8689 |
| contract with holders may be amended, and the manner in which any | 8690 |
| required consent to amend may be given; securing any sales tax | 8691 |
| supported bonds by a trust agreement or other agreement; and any | 8692 |
| other matters, of like or different character, that in any way | 8693 |
| affect the security or protection of the sales tax supported bonds | 8694 |
| or anticipation notes. | 8695 |
| (H) The taxing authority of a county may not repeal, rescind, | 8696 |
| or reduce any portion of a county sales tax pledged to the payment | 8697 |
| of debt charges on sales tax supported bonds issued by the county | 8698 |
| while such sales tax supported bonds remain outstanding, and no | 8699 |
| portion of a county sales tax pledged to the payment of debt | 8700 |
| charges on sales tax supported bonds shall be subject to repeal or | 8701 |
| reduction by the electorate of the county or by the taxing | 8702 |
| authority of the county while such sales tax supported bonds are | 8703 |
| outstanding. | 8704 |
| Sec. 133.09. (A) Unless it is a township that has adopted a | 8705 |
| limited home rule government under Chapter 504. of the Revised | 8706 |
| Code, a township shall not incur net indebtedness that exceeds an | 8707 |
| amount equal to five per cent of its tax valuation and, except as | 8708 |
| specifically authorized by section 505.262 of the Revised Code or | 8709 |
| other laws, shall not incur any net indebtedness unless authorized | 8710 |
| by vote of the electors. | 8711 |
| (B) A township that has adopted a limited home rule | 8712 |
| government under Chapter 504. of the Revised Code shall not incur | 8713 |
| net indebtedness that exceeds an amount equal to ten and one-half | 8714 |
| per cent of its tax valuation, or incur without a vote of the | 8715 |
| electors net indebtedness that exceeds an amount equal to five and | 8716 |
| one-half per cent of that tax valuation. In calculating the net | 8717 |
| indebtedness of a township that has adopted a limited home rule | 8718 |
| government, none of the following securities shall be considered: | 8719 |
| (1) Self-supporting securities issued for any purpose; | 8720 |
| (2) Securities issued for the purpose of purchasing, | 8721 |
| constructing, improving, or extending water or sanitary or surface | 8722 |
| and storm water sewerage systems or facilities, or a combination | 8723 |
| of those systems or facilities, to the extent that an agreement | 8724 |
| entered into with another subdivision requires the other | 8725 |
| subdivision to pay to the township amounts equivalent to debt | 8726 |
| charges on the securities; | 8727 |
| (3) Securities that are not general obligations of the | 8728 |
| township; | 8729 |
| (4) Voted securities issued for the purposes of redevelopment | 8730 |
| to the extent that their principal amount does not exceed an | 8731 |
| amount equal to two per cent of the tax valuation of the township; | 8732 |
| (5) Securities issued for the purpose of acquiring or | 8733 |
| constructing roads, highways, bridges, or viaducts, or for the | 8734 |
| purpose of acquiring or making other highway permanent | 8735 |
| improvements, to the extent that the resolution of the board of | 8736 |
| township trustees authorizing the issuance of the securities | 8737 |
| includes a covenant to appropriate from money distributed to the | 8738 |
| township under Chapter 4501., 4503., 4504., or 5735. of the | 8739 |
| Revised Code a sufficient amount to cover debt charges on and | 8740 |
| financing costs relating to the securities as they become due; | 8741 |
| (6) Securities issued for energy conservation measures under | 8742 |
| section 505.264 of the Revised Code. | 8743 |
| (C) In calculating the net indebtedness of any township, no | 8744 |
| obligation incurred under division (B) of section 513.17 or under | 8745 |
| section 505.261, 505.264, 505.265, 505.267, or 505.37 of the | 8746 |
| Revised Code, or in connection with a project undertaken pursuant | 8747 |
| to Section 515.03 of H.B. 66 of the 126th General Assembly, shall | 8748 |
| be considered. | 8749 |
| Sec. 140.01. As used in this chapter: | 8750 |
| (A) "Hospital agency" means any public hospital agency or any | 8751 |
| nonprofit hospital agency. | 8752 |
| (B) "Public hospital agency" means any county, board of | 8753 |
| county hospital trustees established pursuant to section 339.02 of | 8754 |
| the Revised Code, county hospital commission established pursuant | 8755 |
| to section 339.14 of the Revised Code, municipal corporation, new | 8756 |
| community authority organized under Chapter 349. of the Revised | 8757 |
| Code, joint township hospital district, state or municipal | 8758 |
| university or college operating or authorized to operate a | 8759 |
| hospital facility, or the state. | 8760 |
| (C) "Nonprofit hospital agency" means a corporation or | 8761 |
| association not for profit, no part of the net earnings of which | 8762 |
| inures or may lawfully inure to the benefit of any private | 8763 |
| shareholder or individual, that has authority to own or operate a | 8764 |
| hospital facility or provides or is to provide services to one or | 8765 |
| more other hospital agencies. | 8766 |
| (D) "Governing body" means, in the case of a county, the | 8767 |
| board of county commissioners or other legislative body; in the | 8768 |
| case of a board of county hospital trustees, the board; in the | 8769 |
| case of a county hospital commission, the commission; in the case | 8770 |
| of a municipal corporation, the council or other legislative | 8771 |
| authority; in the case of a new community authority, its board of | 8772 |
| trustees; in the case of a joint township hospital district, the | 8773 |
| joint township district hospital board; in the case of a state or | 8774 |
| municipal university or college, its board of trustees or board of | 8775 |
| directors; in the case of a nonprofit hospital agency, the board | 8776 |
| of trustees or other body having general management of the agency; | 8777 |
| and, in the case of the state, the director of development or the | 8778 |
| Ohio higher educational facility commission. | 8779 |
| (E) "Hospital facilities" means buildings, structures and | 8780 |
| other improvements, additions thereto and extensions thereof, | 8781 |
| furnishings, equipment, and real estate and interests in real | 8782 |
| estate, used or to be used for or in connection with one or more | 8783 |
| hospitals, emergency, intensive, intermediate, extended, | 8784 |
| long-term, or self-care facilities, diagnostic and treatment and | 8785 |
| out-patient facilities, facilities related to programs for home | 8786 |
| health services, clinics, laboratories, public health centers, | 8787 |
| research facilities, and rehabilitation facilities, for or | 8788 |
| pertaining to diagnosis, treatment, care, or rehabilitation of | 8789 |
| sick, ill, injured, infirm, impaired, disabled, or handicapped | 8790 |
| persons, or the prevention, detection, and control of disease, and | 8791 |
| also includes education, training, and food service facilities for | 8792 |
| health professions personnel, housing facilities for such | 8793 |
| personnel and their families, and parking and service facilities | 8794 |
| in connection with any of the foregoing; and includes any one, | 8795 |
| part of, or any combination of the foregoing; and further includes | 8796 |
| site improvements, utilities, machinery, facilities, furnishings, | 8797 |
| and any separate or connected buildings, structures, improvements, | 8798 |
| sites, utilities, facilities, or equipment to be used in, or in | 8799 |
| connection with the operation or maintenance of, or supplementing | 8800 |
| or otherwise related to the services or facilities to be provided | 8801 |
| by, any one or more of such hospital facilities. | 8802 |
| (F) "Costs of hospital facilities" means the costs of | 8803 |
| acquiring hospital facilities or interests in hospital facilities, | 8804 |
| including membership interests in nonprofit hospital agencies, | 8805 |
| costs of constructing hospital facilities, costs of improving one | 8806 |
| or more hospital facilities, including reconstructing, | 8807 |
| rehabilitating, remodeling, renovating, and enlarging, costs of | 8808 |
| equipping and furnishing such facilities, and all financing costs | 8809 |
| pertaining thereto, including, without limitation thereto, costs | 8810 |
| of engineering, architectural, and other professional services, | 8811 |
| designs, plans, specifications and surveys, and estimates of cost, | 8812 |
| costs of tests and inspections, the costs of any indemnity or | 8813 |
| surety bonds and premiums on insurance, all related direct or | 8814 |
| allocable administrative expenses pertaining thereto, fees and | 8815 |
| expenses of trustees, depositories, and paying agents for the | 8816 |
| obligations, cost of issuance of the obligations and financing | 8817 |
| charges and fees and expenses of financial advisors, attorneys, | 8818 |
| accountants, consultants and rating services in connection | 8819 |
| therewith, capitalized interest on the obligations, amounts | 8820 |
| necessary to establish reserves as required by the bond | 8821 |
| proceedings, the reimbursement of all moneys advanced or applied | 8822 |
| by the hospital agency or others or borrowed from others for the | 8823 |
| payment of any item or items of costs of such facilities, and all | 8824 |
| other expenses necessary or incident to planning or determining | 8825 |
| feasibility or practicability with respect to such facilities, and | 8826 |
| such other expenses as may be necessary or incident to the | 8827 |
| acquisition, construction, reconstruction, rehabilitation, | 8828 |
| remodeling, renovation, enlargement, improvement, equipment, and | 8829 |
| furnishing of such facilities, the financing thereof, and the | 8830 |
| placing of the same in use and operation, including any one, part | 8831 |
| of, or combination of such classes of costs and expenses, and | 8832 |
| means the costs of refinancing obligations issued by, or | 8833 |
| reimbursement of money advanced by, nonprofit hospital agencies or | 8834 |
| others the proceeds of which were used for the payment of costs of | 8835 |
| hospital facilities, if the governing body of the public hospital | 8836 |
| agency determines that the refinancing or reimbursement advances | 8837 |
| the purposes of this chapter, whether or not the refinancing or | 8838 |
| reimbursement is in conjunction with the acquisition or | 8839 |
| construction of additional hospital facilities. | 8840 |
| (G) "Hospital receipts" means all moneys received by or on | 8841 |
| behalf of a hospital agency from or in connection with the | 8842 |
| ownership, operation, acquisition, construction, improvement, | 8843 |
| equipping, or financing of any hospital facilities, including, | 8844 |
| without limitation thereto, any rentals and other moneys received | 8845 |
| from the lease, sale, or other disposition of hospital facilities, | 8846 |
| and any gifts, grants, interest subsidies, or other moneys | 8847 |
| received under any federal program for assistance in financing the | 8848 |
| costs of hospital facilities, and any other gifts, grants, and | 8849 |
| donations, and receipts therefrom, available for financing the | 8850 |
| costs of hospital facilities. | 8851 |
| (H) "Obligations" means bonds, notes, or other evidences of | 8852 |
| indebtedness or obligation, including interest coupons pertaining | 8853 |
| thereto, issued or issuable by a public hospital agency to pay | 8854 |
| costs of hospital facilities. | 8855 |
| (I) "Bond service charges" means principal, interest, and | 8856 |
| call premium, if any, required to be paid on obligations. | 8857 |
| (J) "Bond proceedings" means one or more ordinances, | 8858 |
| resolutions, trust agreements, indentures, and other agreements or | 8859 |
| documents, and amendments and supplements to the foregoing, or any | 8860 |
| combination thereof, authorizing or providing for the terms, | 8861 |
| including any variable interest rates, and conditions applicable | 8862 |
| to, or providing for the security of, obligations and the | 8863 |
| provisions contained in such obligations. | 8864 |
| (K) "Nursing home" has the same meaning as in division (A)(1) | 8865 |
| of section 5701.13 of the Revised Code. | 8866 |
| (L) "Residential care facility" has the same meaning as in | 8867 |
| division (A)(2) of section 5701.13 of the Revised Code. | 8868 |
| (M) "Adult care facility" has the same meaning as in division | 8869 |
| (A)(3) of section 5701.13 of the Revised Code. | 8870 |
| (N) "Independent living facility" means any self-care | 8871 |
| facility or other housing facility designed or used as a residence | 8872 |
| for elderly persons. An "independent living facility" does not | 8873 |
| include a residential facility, or that part of a residential | 8874 |
| facility, that is any of the following: | 8875 |
| (1) A hospital required to be certified by section 3727.02 of | 8876 |
| the Revised Code; | 8877 |
| (2) A nursing home or residential care facility; | 8878 |
| (3) An adult care facility; | 8879 |
| (4) A hospice licensed under section 3712.04 of the Revised | 8880 |
| Code; | 8881 |
| (5) | 8882 |
| 8883 |
| | 8884 |
| the department of mental health under section 5119.22 of the | 8885 |
| Revised Code; | 8886 |
| | 8887 |
| under section 3793.11 of the Revised Code; | 8888 |
| | 8889 |
| program under section 3793.06 of the Revised Code; | 8890 |
| | 8891 |
| of the Revised Code or a facility providing services under a | 8892 |
| contract with the department of mental retardation and | 8893 |
| developmental disabilities under section 5123.18 of the Revised | 8894 |
| Code; | 8895 |
| | 8896 |
| provide housing for staff of the hospital or students pursuing a | 8897 |
| course of study at the hospital. | 8898 |
| Sec. 141.011. Beginning in calendar year 2001, the annual | 8899 |
| salaries of the elective officers of the state shall be as follows | 8900 |
| rather than as prescribed by divisions (A) to (F) of section | 8901 |
| 141.01 of the Revised Code: | 8902 |
| (A)(1) In calendar year 2001 the annual salary of the | 8903 |
| governor shall be one hundred twenty-six thousand four hundred | 8904 |
| ninety-seven dollars. | 8905 |
| (2) In calendar years 2002 through 2006 the annual salary of | 8906 |
| the governor shall be one hundred thirty thousand two hundred | 8907 |
| ninety-two dollars. | 8908 |
| (3) In calendar year 2007 the annual salary of the governor | 8909 |
| shall be the annual salary in 2006 increased by each of the | 8910 |
| following percentages in succession: | 8911 |
| (a) The lesser of three per cent or the percentage increase, | 8912 |
| if any, in the consumer price index from October 1, 2001, to | 8913 |
| September 30, 2002, rounded to the nearest one-tenth of one per | 8914 |
| cent; | 8915 |
| (b) The lesser of three per cent or the percentage increase, | 8916 |
| if any, in the consumer price index from October 1, 2002, to | 8917 |
| September 30, 2003, rounded to the nearest one-tenth of one per | 8918 |
| cent; | 8919 |
| (c) The lesser of three per cent or the percentage increase, | 8920 |
| if any, in the consumer price index from October 1, 2003, to | 8921 |
| September 30, 2004, rounded to the nearest one-tenth of one per | 8922 |
| cent; | 8923 |
| (d) The lesser of three per cent or the percentage increase, | 8924 |
| if any, in the consumer price index from October 1, 2004, to | 8925 |
| September 30, 2005, rounded to the nearest one-tenth of one per | 8926 |
| cent; | 8927 |
| (e) The lesser of three per cent or the percentage increase, | 8928 |
| if any, in the consumer price index from October 1, 2005, to | 8929 |
| September 30, 2006, rounded to the nearest one-tenth of one per | 8930 |
| cent. | 8931 |
| (4) In calendar year 2008 and thereafter, the annual salary | 8932 |
| of the governor shall be the annual salary in 2007 increased by | 8933 |
| the lesser of the following: | 8934 |
| (a) Three per cent; | 8935 |
| (b) The percentage increase, if any, in the consumer price | 8936 |
| index from October 1, 2006, to September 30, 2007, rounded to the | 8937 |
| nearest one-tenth of one per cent. | 8938 |
| (B)(1) In calendar year 2001 the annual salary of the | 8939 |
| lieutenant governor shall be sixty-six thousand three hundred six | 8940 |
| dollars. | 8941 |
| (2) In calendar years 2002 through 2006 the annual salary of | 8942 |
| the lieutenant governor shall be sixty-eight thousand two hundred | 8943 |
| ninety-five dollars. | 8944 |
| (3) In calendar year 2007 the annual salary of the lieutenant | 8945 |
| governor shall be the annual salary in 2006 increased by each of | 8946 |
| the following percentages in succession: | 8947 |
| (a) The lesser of three per cent or the percentage increase, | 8948 |
| if any, in the consumer price index from October 1, 2001, to | 8949 |
| September 30, 2002, rounded to the nearest one-tenth of one per | 8950 |
| cent; | 8951 |
| (b) The lesser of three per cent or the percentage increase, | 8952 |
| if any, in the consumer price index from October 1, 2002, to | 8953 |
| September 30, 2003, rounded to the nearest one-tenth of one per | 8954 |
| cent; | 8955 |
| (c) The lesser of three per cent or the percentage increase, | 8956 |
| if any, in the consumer price index from October 1, 2003, to | 8957 |
| September 30, 2004, rounded to the nearest one-tenth of one per | 8958 |
| cent; | 8959 |
| (d) The lesser of three per cent or the percentage increase, | 8960 |
| if any, in the consumer price index from October 1, 2004, to | 8961 |
| September 30, 2005, rounded to the nearest one-tenth of one per | 8962 |
| cent; | 8963 |
| (e) The lesser of three per cent or the percentage increase, | 8964 |
| if any, in the consumer price index from October 1, 2005, to | 8965 |
| September 30, 2006, rounded to the nearest one-tenth of one per | 8966 |
| cent. | 8967 |
| (4) In calendar year 2008 and thereafter, the annual salary | 8968 |
| of the lieutenant governor shall be the annual salary in 2007 | 8969 |
| increased by the lesser of the following: | 8970 |
| (a) Three per cent; | 8971 |
| (b) The percentage increase, if any, in the consumer price | 8972 |
| index from October 1, 2006 to September 30, 2007, rounded to the | 8973 |
| nearest one-tenth of one per cent. | 8974 |
| If the governor appoints the lieutenant governor as an | 8975 |
|
administrative
department head | 8976 |
| 8977 | |
| 8978 | |
| office while serving as its head in lieu of the salary for the | 8979 |
| office of lieutenant governor. | 8980 |
| (C)(1) In calendar year 2001 the annual salary of the | 8981 |
| secretary of state, auditor of state, treasurer of state, and | 8982 |
| attorney general shall be ninety-three thousand four hundred | 8983 |
| forty-seven dollars. | 8984 |
| (2) In calendar year 2002 the annual salary of the secretary | 8985 |
| of state, auditor of state, treasurer of state, and attorney | 8986 |
| general shall be ninety-six thousand two hundred fifty dollars. | 8987 |
| (3) In each calendar year from 2003 through 2008, the annual | 8988 |
| salary of the secretary of state, auditor of state, treasurer of | 8989 |
| state, and attorney general shall be increased by the lesser of | 8990 |
| the following: | 8991 |
| (a) Three per cent; | 8992 |
| (b) The percentage increase, if any, in the consumer price | 8993 |
| index over the twelve-month period that ends on the thirtieth day | 8994 |
| of September of the immediately preceding year, rounded to the | 8995 |
| nearest one-tenth of one per cent. | 8996 |
| (D) Upon the death of an elected executive officer of the | 8997 |
| state listed in divisions (A) to (F) of section 141.01 of the | 8998 |
| Revised Code during that person's term of office, an amount shall | 8999 |
| be paid in accordance with section 2113.04 of the Revised Code, or | 9000 |
| to that person's estate. The amount shall equal the amount of the | 9001 |
| salary that the officer would have received during the remainder | 9002 |
| of the officer's unexpired term or an amount equal to the salary | 9003 |
| of that person's office for two years, whichever is less. | 9004 |
| (E) As used in this section, "consumer price index" has the | 9005 |
| same meaning as in section 101.27 of the Revised Code. | 9006 |
| Sec. 141.04. (A) The annual salaries of the chief justice of | 9007 |
| the supreme court and of the justices and judges named in this | 9008 |
| section payable from the state treasury are as follows, rounded to | 9009 |
| the nearest fifty dollars: | 9010 |
| (1) For the chief justice of the supreme court, the following | 9011 |
| amounts effective in the following years: | 9012 |
| (a) Beginning January 1, 2000, one hundred twenty-four | 9013 |
| thousand nine hundred dollars; | 9014 |
| (b) Beginning January 1, 2001, one hundred twenty-eight | 9015 |
| thousand six hundred fifty dollars; | 9016 |
| (c) After 2001, the amount determined under division (E)(1) | 9017 |
| of this section. | 9018 |
| (2) For the justices of the supreme court, the following | 9019 |
| amounts effective in the following years: | 9020 |
| (a) Beginning January 1, 2000, one hundred seventeen thousand | 9021 |
| two hundred fifty dollars; | 9022 |
| (b) Beginning January 1, 2001, one hundred twenty thousand | 9023 |
| seven hundred fifty dollars; | 9024 |
| (c) After 2001, the amount determined under division (E)(1) | 9025 |
| of this section. | 9026 |
| (3) For the judges of the courts of appeals, the following | 9027 |
| amounts effective in the following years: | 9028 |
| (a) Beginning January 1, 2000, one hundred nine thousand two | 9029 |
| hundred fifty dollars; | 9030 |
| (b) Beginning January 1, 2001, one hundred twelve thousand | 9031 |
| five hundred fifty dollars; | 9032 |
| (c) After 2001, the amount determined under division (E)(1) | 9033 |
| of this section. | 9034 |
| (4) For the judges of the courts of common pleas, the | 9035 |
| following amounts effective in the following years: | 9036 |
| (a) Beginning January 1, 2000, one hundred thousand five | 9037 |
| hundred dollars, reduced by an amount equal to the annual | 9038 |
| compensation paid to that judge from the county treasury pursuant | 9039 |
| to section 141.05 of the Revised Code; | 9040 |
| (b) Beginning January 1, 2001, one hundred three thousand | 9041 |
| five hundred dollars, reduced by an amount equal to the annual | 9042 |
| compensation paid to that judge from the county treasury pursuant | 9043 |
| to section 141.05 of the Revised Code; | 9044 |
| (c) After 2001, the aggregate annual salary amount determined | 9045 |
| under division (E)(2) of this section reduced by an amount equal | 9046 |
| to the annual compensation paid to that judge from the county | 9047 |
| treasury pursuant to section 141.05 of the Revised Code. | 9048 |
| (5) For the full-time judges of a municipal court or the | 9049 |
| part-time judges of a municipal court of a territory having a | 9050 |
| population of more than fifty thousand, the following amounts | 9051 |
| effective in the following years, which amounts shall be in | 9052 |
| addition to all amounts received pursuant to divisions (B)(1)(a) | 9053 |
| and (2) of section 1901.11 of the Revised Code from municipal | 9054 |
| corporations and counties: | 9055 |
| (a) Beginning January 1, 2000, thirty-two thousand six | 9056 |
| hundred fifty dollars; | 9057 |
| (b) Beginning January 1, 2001, thirty-five thousand five | 9058 |
| hundred dollars; | 9059 |
| (c) After 2001, the amount determined under division (E)(3) | 9060 |
| of this section. | 9061 |
| (6) For judges of a municipal court designated as part-time | 9062 |
| judges by section 1901.08 of the Revised Code, other than | 9063 |
| part-time judges to whom division (A)(5) of this section applies, | 9064 |
| and for judges of a county court, the following amounts effective | 9065 |
| in the following years, which amounts shall be in addition to any | 9066 |
| amounts received pursuant to division (A) of section 1901.11 of | 9067 |
| the Revised Code from municipal corporations and counties or | 9068 |
| pursuant to division (A) of section 1907.16 of the Revised Code | 9069 |
| from counties: | 9070 |
| (a) Beginning January 1, 2000, eighteen thousand eight | 9071 |
| hundred dollars; | 9072 |
| (b) Beginning January 1, 2001, twenty thousand four hundred | 9073 |
| fifty dollars; | 9074 |
| (c) After 2001, the amount determined under division (E)(4) | 9075 |
| of this section. | 9076 |
| (B) Except as provided in section 1901.121 of the Revised | 9077 |
| Code, except as otherwise provided in this division, and except | 9078 |
| for the compensation to which the judges described in division | 9079 |
| (A)(5) of this section are entitled pursuant to divisions | 9080 |
| (B)(1)(a) and (2) of section 1901.11 of the Revised Code, the | 9081 |
| annual salary of the chief justice of the supreme court and of | 9082 |
| each justice or judge listed in division (A) of this section shall | 9083 |
| be paid in equal monthly installments from the state treasury. If | 9084 |
| the chief justice of the supreme court or any justice or judge | 9085 |
| listed in division (A)(2), (3), or (4) of this section delivers a | 9086 |
| written request to be paid biweekly to the administrative director | 9087 |
| of the supreme court prior to the first day of January of any | 9088 |
| year, the annual salary of the chief justice or the justice or | 9089 |
| judge that is listed in division (A)(2), (3), or (4) of this | 9090 |
| section shall be paid, during the year immediately following the | 9091 |
| year in which the request is delivered to the administrative | 9092 |
| director of the supreme court, biweekly from the state treasury. | 9093 |
| (C) Upon the death of the chief justice or a justice of the | 9094 |
| supreme court during that person's term of office, an amount shall | 9095 |
| be paid in accordance with section 2113.04 of the Revised Code, or | 9096 |
| to that person's estate. The amount shall equal the amount of the | 9097 |
| salary that the chief justice or justice would have received | 9098 |
| during the remainder of the unexpired term or an amount equal to | 9099 |
| the salary of office for two years, whichever is less. | 9100 |
| (D) Neither the chief justice of the supreme court nor any | 9101 |
| justice or judge of the supreme court, the court of appeals, the | 9102 |
| court of common pleas, or the probate court shall hold any other | 9103 |
| office of trust or profit under the authority of this state or the | 9104 |
| United States. | 9105 |
| (E)(1) Each calendar year from 2002 through 2008, the annual | 9106 |
| salaries of the chief justice of the supreme court and of the | 9107 |
| justices and judges named in divisions (A)(2) and (3) of this | 9108 |
| section shall be increased by an amount equal to the adjustment | 9109 |
| percentage for that year multiplied by the compensation paid the | 9110 |
| preceding year pursuant to division (A)(1), (2), or (3) of this | 9111 |
| section. | 9112 |
| (2) Each calendar year from 2002 through 2008, the aggregate | 9113 |
| annual salary payable under division (A)(4) of this section to the | 9114 |
| judges named in that division shall be increased by an amount | 9115 |
| equal to the adjustment percentage for that year multiplied by the | 9116 |
| aggregate compensation paid the preceding year pursuant to | 9117 |
| division (A)(4) of this section and section 141.05 of the Revised | 9118 |
| Code. | 9119 |
| (3) Each calendar year from 2002 through 2008, the salary | 9120 |
| payable from the state treasury under division (A)(5) of this | 9121 |
| section to the judges named in that division shall be increased by | 9122 |
| an amount equal to the adjustment percentage for that year | 9123 |
| multiplied by the aggregate compensation paid the preceding year | 9124 |
| pursuant to division (A)(5) of this section and division (B)(1)(a) | 9125 |
| of section 1901.11 of the Revised Code. | 9126 |
| (4) Each calendar year from 2002 through 2008, the salary | 9127 |
| payable from the state treasury under division (A)(6) of this | 9128 |
| section to the judges named in that division shall be increased by | 9129 |
| an amount equal to the adjustment percentage for that year | 9130 |
| multiplied by the aggregate compensation paid the preceding year | 9131 |
| pursuant to division (A)(6) of this section and division (A) of | 9132 |
| section 1901.11 of the Revised Code from municipal corporations | 9133 |
| and counties or division (A) of section 1907.16 of the Revised | 9134 |
| Code from counties. | 9135 |
| (F) In addition to the salaries payable pursuant to this | 9136 |
| section, the chief justice of the supreme court and the justices | 9137 |
| of the supreme court shall be entitled to a vehicle allowance of | 9138 |
| five hundred dollars per month, payable from the state treasury. | 9139 |
| The allowance shall be increased on the first day of January of | 9140 |
| each odd numbered year by an amount equal to the percentage | 9141 |
| increase, if any, in the consumer price index for the immediately | 9142 |
| preceding twenty-four month period for which information is | 9143 |
| available. | 9144 |
| (G) As used in this section: | 9145 |
| (1) The "adjustment percentage" for a year is the lesser of | 9146 |
| the following: | 9147 |
| (a) Three per cent; | 9148 |
| (b) The percentage increase, if any, in the consumer price | 9149 |
| index over the twelve-month period that ends on the thirtieth day | 9150 |
| of September of the immediately preceding year, rounded to the | 9151 |
| nearest one-tenth of one per cent. | 9152 |
| (2) "Consumer price index" has the same meaning as in section | 9153 |
| 101.27 of the Revised Code. | 9154 |
| (3) "Salary" does not include any portion of the cost, | 9155 |
| premium, or charge for health, medical, hospital, dental, or | 9156 |
| surgical benefits, or any combination of those benefits, covering | 9157 |
| the chief justice of the supreme court or a justice or judge named | 9158 |
| in this section and paid on the chief justice's or the justice's | 9159 |
| or judge's behalf by a governmental entity. | 9160 |
| Sec. 145.01. As used in this chapter: | 9161 |
| (A) "Public employee" means: | 9162 |
| (1) Any person holding an office, not elective, under the | 9163 |
| state or any county, township, municipal corporation, park | 9164 |
| district, conservancy district, sanitary district, health | 9165 |
| district, metropolitan housing authority, state retirement board, | 9166 |
| Ohio historical society, public library, county law library, union | 9167 |
| cemetery, joint hospital, institutional commissary, state | 9168 |
| university, or board, bureau, commission, council, committee, | 9169 |
| authority, or administrative body as the same are, or have been, | 9170 |
| created by action of the general assembly or by the legislative | 9171 |
| authority of any of the units of local government named in | 9172 |
| division (A)(1) of this section, or employed and paid in whole or | 9173 |
| in part by the state or any of the authorities named in division | 9174 |
| (A)(1) of this section in any capacity not covered by section | 9175 |
| 742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code. | 9176 |
| (2) A person who is a member of the public employees | 9177 |
| retirement system and who continues to perform the same or similar | 9178 |
| duties under the direction of a contractor who has contracted to | 9179 |
| take over what before the date of the contract was a publicly | 9180 |
| operated function. The governmental unit with which the contract | 9181 |
| has been made shall be deemed the employer for the purposes of | 9182 |
| administering this chapter. | 9183 |
| (3) Any person who is an employee of a public employer, | 9184 |
| notwithstanding that the person's compensation for that employment | 9185 |
| is derived from funds of a person or entity other than the | 9186 |
| employer. Credit for such service shall be included as total | 9187 |
| service credit, provided that the employee makes the payments | 9188 |
| required by this chapter, and the employer makes the payments | 9189 |
| required by sections 145.48 and 145.51 of the Revised Code. | 9190 |
| (4) A person who elects in accordance with section 145.015 of | 9191 |
| the Revised Code to remain a contributing member of the public | 9192 |
| employees retirement system. | 9193 |
| In all cases of doubt, the public employees retirement board | 9194 |
| shall determine whether any person is a public employee, and its | 9195 |
| decision is final. | 9196 |
| (B) "Member" means any public employee, other than a public | 9197 |
| employee excluded or exempted from membership in the retirement | 9198 |
| system by section 145.03, 145.031, 145.032, 145.033, 145.034, | 9199 |
| 145.035, or 145.38 of the Revised Code. "Member" includes a PERS | 9200 |
| retirant who becomes a member under division (C) of section 145.38 | 9201 |
| of the Revised Code. "Member" also includes a disability benefit | 9202 |
| recipient. | 9203 |
| (C) "Head of the department" means the elective or appointive | 9204 |
| head of the several executive, judicial, and administrative | 9205 |
| departments, institutions, boards, and commissions of the state | 9206 |
| and local government as the same are created and defined by the | 9207 |
| laws of this state or, in case of a charter government, by that | 9208 |
| charter. | 9209 |
| (D) "Employer" or "public employer" means the state or any | 9210 |
| county, township, municipal corporation, park district, | 9211 |
| conservancy district, sanitary district, health district, | 9212 |
| metropolitan housing authority, state retirement board, Ohio | 9213 |
| historical society, public library, county law library, union | 9214 |
| cemetery, joint hospital, institutional commissary, state medical | 9215 |
| college, state university, or board, bureau, commission, council, | 9216 |
| committee, authority, or administrative body as the same are, or | 9217 |
| have been, created by action of the general assembly or by the | 9218 |
| legislative authority of any of the units of local government | 9219 |
| named in this division not covered by section 742.01, 3307.01, | 9220 |
| 3309.01, or 5505.01 of the Revised Code. In addition, "employer" | 9221 |
| means the employer of any public employee. | 9222 |
| (E) "Prior service" means all service as a public employee | 9223 |
| rendered before January 1, 1935, and all service as an employee of | 9224 |
| any employer who comes within the state teachers retirement system | 9225 |
| or of the school employees retirement system or of any other | 9226 |
| retirement system established under the laws of this state | 9227 |
| rendered prior to January 1, 1935, provided that if the employee | 9228 |
| claiming the service was employed in any capacity covered by that | 9229 |
| other system after that other system was established, credit for | 9230 |
| the service may be allowed by the public employees retirement | 9231 |
| system only when the employee has made payment, to be computed on | 9232 |
| the salary earned from the date of appointment to the date | 9233 |
| membership was established in the public employees retirement | 9234 |
| system, at the rate in effect at the time of payment, and the | 9235 |
| employer has made payment of the corresponding full liability as | 9236 |
| provided by section 145.44 of the Revised Code. "Prior service" | 9237 |
| also means all service credited for active duty with the armed | 9238 |
| forces of the United States as provided in section 145.30 of the | 9239 |
| Revised Code. | 9240 |
| If an employee who has been granted prior service credit by | 9241 |
| the public employees retirement system for service rendered prior | 9242 |
| to January 1, 1935, as an employee of a board of education | 9243 |
| establishes, before retirement, one year or more of contributing | 9244 |
| service in the state teachers retirement system or school | 9245 |
| employees retirement system, then the prior service ceases to be | 9246 |
| the liability of this system. | 9247 |
| If the board determines that a position of any member in any | 9248 |
| calendar year prior to January 1, 1935, was a part-time position, | 9249 |
| the board shall determine what fractional part of a year's credit | 9250 |
| shall be allowed by the following formula: | 9251 |
| (1) When the member has been either elected or appointed to | 9252 |
| an office the term of which was two or more years and for which an | 9253 |
| annual salary is established, the fractional part of the year's | 9254 |
| credit shall be computed as follows: | 9255 |
| First, when the member's annual salary is one thousand | 9256 |
| dollars or less, the service credit for each such calendar year | 9257 |
| shall be forty per cent of a year. | 9258 |
| Second, for each full one hundred dollars of annual salary | 9259 |
| above one thousand dollars, the member's service credit for each | 9260 |
| such calendar year shall be increased by two and one-half per | 9261 |
| cent. | 9262 |
| (2) When the member is paid on a per diem basis, the service | 9263 |
| credit for any single year of the service shall be determined by | 9264 |
| using the number of days of service for which the compensation was | 9265 |
| received in any such year as a numerator and using two hundred | 9266 |
| fifty days as a denominator. | 9267 |
| (3) When the member is paid on an hourly basis, the service | 9268 |
| credit for any single year of the service shall be determined by | 9269 |
| using the number of hours of service for which the compensation | 9270 |
| was received in any such year as a numerator and using two | 9271 |
| thousand hours as a denominator. | 9272 |
| (F) "Contributor" means any person who has an account in the | 9273 |
| employees' savings fund created by section 145.23 of the Revised | 9274 |
| Code. When used in the sections listed in division (B) of section | 9275 |
| 145.82 of the Revised Code, "contributor" includes any person | 9276 |
| participating in a PERS defined contribution plan. | 9277 |
| (G) "Beneficiary" or "beneficiaries" means the estate or a | 9278 |
| person or persons who, as the result of the death of a member, | 9279 |
| contributor, or retirant, qualify for or are receiving some right | 9280 |
| or benefit under this chapter. | 9281 |
| (H)(1) "Total service credit," except as provided in section | 9282 |
| 145.37 of the Revised Code, means all service credited to a member | 9283 |
| of the retirement system since last becoming a member, including | 9284 |
| restored service credit as provided by section 145.31 of the | 9285 |
| Revised Code; credit purchased under sections 145.293 and 145.299 | 9286 |
| of the Revised Code; all the member's prior service credit; all | 9287 |
| the member's military service credit computed as provided in this | 9288 |
| chapter; all service credit established pursuant to section | 9289 |
| 145.297 of the Revised Code; and any other service credited under | 9290 |
| this chapter. In addition, "total service credit" includes any | 9291 |
| period, not in excess of three years, during which a member was | 9292 |
| out of service and receiving benefits under Chapters 4121. and | 9293 |
| 4123. of the Revised Code. For the exclusive purpose of satisfying | 9294 |
| the service credit requirement and of determining eligibility for | 9295 |
| benefits under sections 145.32, 145.33, 145.331, 145.35, 145.36, | 9296 |
| and 145.361 of the Revised Code, "five or more years of total | 9297 |
| service credit" means sixty or more calendar months of | 9298 |
| contributing service in this system. | 9299 |
| (2) "One and one-half years of contributing service credit," | 9300 |
| as used in division (B) of section 145.45 of the Revised Code, | 9301 |
| also means eighteen or more calendar months of employment by a | 9302 |
| municipal corporation that formerly operated its own retirement | 9303 |
| plan for its employees or a part of its employees, provided that | 9304 |
| all employees of that municipal retirement plan who have eighteen | 9305 |
| or more months of such employment, upon establishing membership in | 9306 |
| the public employees retirement system, shall make a payment of | 9307 |
| the contributions they would have paid had they been members of | 9308 |
| this system for the eighteen months of employment preceding the | 9309 |
| date membership was established. When that payment has been made | 9310 |
| by all such employee members, a corresponding payment shall be | 9311 |
| paid into the employers' accumulation fund by that municipal | 9312 |
| corporation as the employer of the employees. | 9313 |
| (3) Where a member also is a member of the state teachers | 9314 |
| retirement system or the school employees retirement system, or | 9315 |
| both, except in cases of retirement on a combined basis pursuant | 9316 |
| to section 145.37 of the Revised Code or as provided in section | 9317 |
| 145.383 of the Revised Code, service credit for any period shall | 9318 |
| be credited on the basis of the ratio that contributions to the | 9319 |
| public employees retirement system bear to total contributions in | 9320 |
| all state retirement systems. | 9321 |
| (4) Not more than one year of credit may be given for any | 9322 |
| period of twelve months. | 9323 |
| (5) "Ohio service credit" means credit for service that was | 9324 |
| rendered to the state or any of its political subdivisions or any | 9325 |
| employer. | 9326 |
| (I) "Regular interest" means interest at any rates for the | 9327 |
| respective funds and accounts as the public employees retirement | 9328 |
| board may determine from time to time. | 9329 |
| (J) "Accumulated contributions" means the sum of all amounts | 9330 |
| credited to a contributor's individual account in the employees' | 9331 |
| savings fund together with any interest credited to the | 9332 |
| contributor's account under section 145.471 or 145.472 of the | 9333 |
| Revised Code. | 9334 |
| (K)(1) "Final average salary" means the quotient obtained by | 9335 |
| dividing by three the sum of the three full calendar years of | 9336 |
| contributing service in which the member's earnable salary was | 9337 |
| highest, except that if the member has a partial year of | 9338 |
| contributing service in the year the member's employment | 9339 |
| terminates and the member's earnable salary for the partial year | 9340 |
| is higher than for any comparable period in the three years, the | 9341 |
| member's earnable salary for the partial year shall be substituted | 9342 |
| for the member's earnable salary for the comparable period during | 9343 |
| the three years in which the member's earnable salary was lowest. | 9344 |
| (2) If a member has less than three years of contributing | 9345 |
| service, the member's final average salary shall be the member's | 9346 |
| total earnable salary divided by the total number of years, | 9347 |
| including any fraction of a year, of the member's contributing | 9348 |
| service. | 9349 |
| (3) For the purpose of calculating benefits payable to a | 9350 |
| member qualifying for service credit under division (Z) of this | 9351 |
| section, "final average salary" means the total earnable salary on | 9352 |
| which contributions were made divided by the total number of years | 9353 |
| during which contributions were made, including any fraction of a | 9354 |
| year. If contributions were made for less than twelve months, | 9355 |
| "final average salary" means the member's total earnable salary. | 9356 |
| (L) "Annuity" means payments for life derived from | 9357 |
| contributions made by a contributor and paid from the annuity and | 9358 |
| pension reserve fund as provided in this chapter. All annuities | 9359 |
| shall be paid in twelve equal monthly installments. | 9360 |
| (M) "Annuity reserve" means the present value, computed upon | 9361 |
| the basis of the mortality and other tables adopted by the board, | 9362 |
| of all payments to be made on account of any annuity, or benefit | 9363 |
| in lieu of any annuity, granted to a retirant as provided in this | 9364 |
| chapter. | 9365 |
| (N)(1) "Disability retirement" means retirement as provided | 9366 |
| in section 145.36 of the Revised Code. | 9367 |
| (2) "Disability allowance" means an allowance paid on account | 9368 |
| of disability under section 145.361 of the Revised Code. | 9369 |
| (3) "Disability benefit" means a benefit paid as disability | 9370 |
| retirement under section 145.36 of the Revised Code, as a | 9371 |
| disability allowance under section 145.361 of the Revised Code, or | 9372 |
| as a disability benefit under section 145.37 of the Revised Code. | 9373 |
| (4) "Disability benefit recipient" means a member who is | 9374 |
| receiving a disability benefit. | 9375 |
| (O) "Age and service retirement" means retirement as provided | 9376 |
| in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 145.46 of | 9377 |
| the Revised Code. | 9378 |
| (P) "Pensions" means annual payments for life derived from | 9379 |
| contributions made by the employer that at the time of retirement | 9380 |
| are credited into the annuity and pension reserve fund from the | 9381 |
| employers' accumulation fund and paid from the annuity and pension | 9382 |
| reserve fund as provided in this chapter. All pensions shall be | 9383 |
| paid in twelve equal monthly installments. | 9384 |
| (Q) "Retirement allowance" means the pension plus that | 9385 |
| portion of the benefit derived from contributions made by the | 9386 |
| member. | 9387 |
| (R)(1) Except as otherwise provided in division (R) of this | 9388 |
| section, "earnable salary" means all salary, wages, and other | 9389 |
| earnings paid to a contributor by reason of employment in a | 9390 |
| position covered by the retirement system. The salary, wages, and | 9391 |
| other earnings shall be determined prior to determination of the | 9392 |
| amount required to be contributed to the employees' savings fund | 9393 |
| under section 145.47 of the Revised Code and without regard to | 9394 |
| whether any of the salary, wages, or other earnings are treated as | 9395 |
| deferred income for federal income tax purposes. "Earnable salary" | 9396 |
| includes the following: | 9397 |
| (a) Payments made by the employer in lieu of salary, wages, | 9398 |
| or other earnings for sick leave, personal leave, or vacation used | 9399 |
| by the contributor; | 9400 |
| (b) Payments made by the employer for the conversion of sick | 9401 |
| leave, personal leave, and vacation leave accrued, but not used if | 9402 |
| the payment is made during the year in which the leave is accrued, | 9403 |
| except that payments made pursuant to section 124.383 or 124.386 | 9404 |
| of the Revised Code are not earnable salary; | 9405 |
| (c) Allowances paid by the employer for full maintenance, | 9406 |
| consisting of housing, laundry, and meals, as certified to the | 9407 |
| retirement board by the employer or the head of the department | 9408 |
| that employs the contributor; | 9409 |
| (d) Fees and commissions paid under section 507.09 of the | 9410 |
| Revised Code; | 9411 |
| (e) Payments that are made under a disability leave program | 9412 |
| sponsored by the employer and for which the employer is required | 9413 |
| by section 145.296 of the Revised Code to make periodic employer | 9414 |
| and employee contributions; | 9415 |
| (f) Amounts included pursuant to divisions (K)(3) and (Y) of | 9416 |
| this section. | 9417 |
| (2) "Earnable salary" does not include any of the following: | 9418 |
| (a) Fees and commissions, other than those paid under section | 9419 |
| 507.09 of the Revised Code, paid as sole compensation for personal | 9420 |
| services and fees and commissions for special services over and | 9421 |
| above services for which the contributor receives a salary; | 9422 |
| (b) Amounts paid by the employer to provide life insurance, | 9423 |
| sickness, accident, endowment, health, medical, hospital, dental, | 9424 |
| or surgical coverage, or other insurance for the contributor or | 9425 |
| the contributor's family, or amounts paid by the employer to the | 9426 |
| contributor in lieu of providing the insurance; | 9427 |
| (c) Incidental benefits, including lodging, food, laundry, | 9428 |
| parking, or services furnished by the employer, or use of the | 9429 |
| employer's property or equipment, or amounts paid by the employer | 9430 |
| to the contributor in lieu of providing the incidental benefits; | 9431 |
| (d) Reimbursement for job-related expenses authorized by the | 9432 |
| employer, including moving and travel expenses and expenses | 9433 |
| related to professional development; | 9434 |
| (e) Payments for accrued but unused sick leave, personal | 9435 |
| leave, or vacation that are made at any time other than in the | 9436 |
| year in which the sick leave, personal leave, or vacation was | 9437 |
| accrued; | 9438 |
| (f) Payments made to or on behalf of a contributor that are | 9439 |
| in excess of the annual compensation that may be taken into | 9440 |
| account by the retirement system under division (a)(17) of section | 9441 |
| 401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 | 9442 |
| U.S.C.A. 401(a)(17), as amended; | 9443 |
| (g) Payments made under division (B), (C), or (E) of section | 9444 |
| 5923.05 of the Revised Code, Section 4 of Substitute Senate Bill | 9445 |
| No. 3 of the 119th general assembly, Section 3 of Amended | 9446 |
| Substitute Senate Bill No. 164 of the 124th general assembly, or | 9447 |
| Amended Substitute House Bill No. 405 of the 124th general | 9448 |
| assembly; | 9449 |
| (h) Anything of value received by the contributor that is | 9450 |
| based on or attributable to retirement or an agreement to retire, | 9451 |
| except that payments made on or before January 1, 1989, that are | 9452 |
| based on or attributable to an agreement to retire shall be | 9453 |
| included in earnable salary if both of the following apply: | 9454 |
| (i) The payments are made in accordance with contract | 9455 |
| provisions that were in effect prior to January 1, 1986; | 9456 |
| (ii) The employer pays the retirement system an amount | 9457 |
| specified by the retirement board equal to the additional | 9458 |
| liability resulting from the payments. | 9459 |
| (3) The retirement board shall determine by rule whether any | 9460 |
| compensation not enumerated in division (R) of this section is | 9461 |
| earnable salary, and its decision shall be final. | 9462 |
| (S) "Pension reserve" means the present value, computed upon | 9463 |
| the basis of the mortality and other tables adopted by the board, | 9464 |
| of all payments to be made on account of any retirement allowance | 9465 |
| or benefit in lieu of any retirement allowance, granted to a | 9466 |
| member or beneficiary under this chapter. | 9467 |
| (T)(1) "Contributing service" means all service credited to a | 9468 |
| member of the system since January 1, 1935, for which | 9469 |
| contributions are made as required by sections 145.47, 145.48, and | 9470 |
| 145.483 of the Revised Code. In any year subsequent to 1934, | 9471 |
| credit for any service shall be allowed by the following formula: | 9472 |
| (a) For each month for which the member's earnable salary is | 9473 |
| two hundred fifty dollars or more, allow one month's credit. | 9474 |
| (b) For each month for which the member's earnable salary is | 9475 |
| less than two hundred fifty dollars, allow a fraction of a month's | 9476 |
| credit. The numerator of this fraction shall be the earnable | 9477 |
| salary during the month, and the denominator shall be two hundred | 9478 |
| fifty dollars, except that if the member's annual earnable salary | 9479 |
| is less than six hundred dollars, the member's credit shall not be | 9480 |
| reduced below twenty per cent of a year for a calendar year of | 9481 |
| employment during which the member worked each month. Division | 9482 |
| (T)(1)(b) of this section shall not reduce any credit earned | 9483 |
| before January 1, 1985. | 9484 |
| (2) Notwithstanding division (T)(1) of this section, an | 9485 |
| elected official who prior to January 1, 1980, was granted a full | 9486 |
| year of credit for each year of service as an elected official | 9487 |
| shall be considered to have earned a full year of credit for each | 9488 |
| year of service regardless of whether the service was full-time or | 9489 |
| part-time. The public employees retirement board has no authority | 9490 |
| to reduce the credit. | 9491 |
| (U) "State retirement board" means the public employees | 9492 |
| retirement board, the school employees retirement board, or the | 9493 |
| state teachers retirement board. | 9494 |
| (V) "Retirant" means any former member who retires and is | 9495 |
| receiving a monthly allowance as provided in sections 145.32, | 9496 |
| 145.33, 145.331, 145.34, and 145.46 of the Revised Code. | 9497 |
| (W) "Employer contribution" means the amount paid by an | 9498 |
| employer as determined under section 145.48 of the Revised Code. | 9499 |
| (X) "Public service terminates" means the last day for which | 9500 |
| a public employee is compensated for services performed for an | 9501 |
| employer or the date of the employee's death, whichever occurs | 9502 |
| first. | 9503 |
| (Y) When a member has been elected or appointed to an office, | 9504 |
| the term of which is two or more years, for which an annual salary | 9505 |
| is established, and in the event that the salary of the office is | 9506 |
| increased and the member is denied the additional salary by reason | 9507 |
| of any constitutional provision prohibiting an increase in salary | 9508 |
| during a term of office, the member may elect to have the amount | 9509 |
| of the member's contributions calculated upon the basis of the | 9510 |
| increased salary for the office. At the member's request, the | 9511 |
| board shall compute the total additional amount the member would | 9512 |
| have contributed, or the amount by which each of the member's | 9513 |
| contributions would have increased, had the member received the | 9514 |
| increased salary for the office the member holds. If the member | 9515 |
| elects to have the amount by which the member's contribution would | 9516 |
| have increased withheld from the member's salary, the member shall | 9517 |
| notify the employer, and the employer shall make the withholding | 9518 |
| and transmit it to the retirement system. A member who has not | 9519 |
| elected to have that amount withheld may elect at any time to make | 9520 |
| a payment to the retirement system equal to the additional amount | 9521 |
| the member's contribution would have increased, plus interest on | 9522 |
| that contribution, compounded annually at a rate established by | 9523 |
| the board and computed from the date on which the last | 9524 |
| contribution would have been withheld from the member's salary to | 9525 |
| the date of payment. A member may make a payment for part of the | 9526 |
| period for which the increased contribution was not withheld, in | 9527 |
| which case the interest shall be computed from the date the last | 9528 |
| contribution would have been withheld for the period for which the | 9529 |
| payment is made. Upon the payment of the increased contributions | 9530 |
| as provided in this division, the increased annual salary as | 9531 |
| provided by law for the office for the period for which the member | 9532 |
| paid increased contributions thereon shall be used in determining | 9533 |
| the member's earnable salary for the purpose of computing the | 9534 |
| member's final average salary. | 9535 |
| (Z) "Five years of service credit," for the exclusive purpose | 9536 |
| of satisfying the service credit requirements and of determining | 9537 |
| eligibility for benefits under section 145.33 of the Revised Code, | 9538 |
| means employment covered under this chapter or under a former | 9539 |
| retirement plan operated, recognized, or endorsed by the employer | 9540 |
| prior to coverage under this chapter or under a combination of the | 9541 |
| coverage. | 9542 |
| (AA) "Deputy sheriff" means any person who is commissioned | 9543 |
| and employed as a full-time peace officer by the sheriff of any | 9544 |
| county, and has been so employed since on or before December 31, | 9545 |
| 1965, and whose primary duties are to preserve the peace, to | 9546 |
| protect life and property, and to enforce the laws of this state; | 9547 |
| any person who is or has been commissioned and employed as a peace | 9548 |
| officer by the sheriff of any county since January 1, 1966, and | 9549 |
| who has received a certificate attesting to the person's | 9550 |
| satisfactory completion of the peace officer training school as | 9551 |
| required by section 109.77 of the Revised Code and whose primary | 9552 |
| duties are to preserve the peace, protect life and property, and | 9553 |
| enforce the laws of this state; or any person deputized by the | 9554 |
| sheriff of any county and employed pursuant to section 2301.12 of | 9555 |
| the Revised Code as a criminal bailiff or court constable who has | 9556 |
| received a certificate attesting to the person's satisfactory | 9557 |
| completion of the peace officer training school as required by | 9558 |
| section 109.77 of the Revised Code and whose primary duties are to | 9559 |
| preserve the peace, protect life and property, and enforce the | 9560 |
| laws of this state. | 9561 |
| (BB) "Township constable or police officer in a township | 9562 |
| police department or district" means any person who is | 9563 |
| commissioned and employed as a full-time peace officer pursuant to | 9564 |
| Chapter 505. or 509. of the Revised Code, who has received a | 9565 |
| certificate attesting to the person's satisfactory completion of | 9566 |
| the peace officer training school as required by section 109.77 of | 9567 |
| the Revised Code, and whose primary duties are to preserve the | 9568 |
| peace, protect life and property, and enforce the laws of this | 9569 |
| state. | 9570 |
| (CC) "Drug agent" means any person who is either of the | 9571 |
| following: | 9572 |
| (1) Employed full-time as a narcotics agent by a county | 9573 |
| narcotics agency created pursuant to section 307.15 of the Revised | 9574 |
| Code and has received a certificate attesting to the satisfactory | 9575 |
| completion of the peace officer training school as required by | 9576 |
| section 109.77 of the Revised Code; | 9577 |
| (2) Employed full-time as an undercover drug agent as defined | 9578 |
| in section 109.79 of the Revised Code and is in compliance with | 9579 |
| section 109.77 of the Revised Code. | 9580 |
| (DD) "Department of public safety enforcement agent" means a | 9581 |
| full-time employee of the department of public safety who is | 9582 |
| designated under section 5502.14 of the Revised Code as an | 9583 |
| enforcement agent and who is in compliance with section 109.77 of | 9584 |
| the Revised Code. | 9585 |
| (EE) "Natural resources law enforcement staff officer" means | 9586 |
| a full-time employee of the department of natural resources who is | 9587 |
| designated a natural resources law enforcement staff officer under | 9588 |
| section 1501.013 of the Revised Code and is in compliance with | 9589 |
| section 109.77 of the Revised Code. | 9590 |
| (FF) "Park officer" means a full-time employee of the | 9591 |
| department of natural resources who is designated a park officer | 9592 |
| under section 1541.10 of the Revised Code and is in compliance | 9593 |
| with section 109.77 of the Revised Code. | 9594 |
| (GG) "Forest officer" means a full-time employee of the | 9595 |
| department of natural resources who is designated a forest officer | 9596 |
| under section 1503.29 of the Revised Code and is in compliance | 9597 |
| with section 109.77 of the Revised Code. | 9598 |
| (HH) "Preserve officer" means a full-time employee of the | 9599 |
| department of natural resources who is designated a preserve | 9600 |
| officer under section 1517.10 of the Revised Code and is in | 9601 |
| compliance with section 109.77 of the Revised Code. | 9602 |
| (II) "Wildlife officer" means a full-time employee of the | 9603 |
| department of natural resources who is designated a wildlife | 9604 |
| officer under section 1531.13 of the Revised Code and is in | 9605 |
| compliance with section 109.77 of the Revised Code. | 9606 |
| (JJ) "State watercraft officer" means a full-time employee of | 9607 |
| the department of natural resources who is designated a state | 9608 |
| watercraft officer under section 1547.521 of the Revised Code and | 9609 |
| is in compliance with section 109.77 of the Revised Code. | 9610 |
| (KK) "Park district police officer" means a full-time | 9611 |
| employee of a park district who is designated pursuant to section | 9612 |
| 511.232 or 1545.13 of the Revised Code and is in compliance with | 9613 |
| section 109.77 of the Revised Code. | 9614 |
| (LL) "Conservancy district officer" means a full-time | 9615 |
| employee of a conservancy district who is designated pursuant to | 9616 |
| section 6101.75 of the Revised Code and is in compliance with | 9617 |
| section 109.77 of the Revised Code. | 9618 |
| (MM) "Municipal police officer" means a member of the | 9619 |
| organized police department of a municipal corporation who is | 9620 |
| employed full-time, is in compliance with section 109.77 of the | 9621 |
| Revised Code, and is not a member of the Ohio police and fire | 9622 |
| pension fund. | 9623 |
| (NN) "Veterans' home police officer" means any person who is | 9624 |
| employed at a veterans' home as a police officer pursuant to | 9625 |
| section 5907.02 of the Revised Code and is in compliance with | 9626 |
| section 109.77 of the Revised Code. | 9627 |
| (OO) "Special police officer for a mental health institution" | 9628 |
| means any person who is designated as such pursuant to section | 9629 |
| 5119.14 of the Revised Code and is in compliance with section | 9630 |
| 109.77 of the Revised Code. | 9631 |
| (PP) "Special police officer for an institution for the | 9632 |
| mentally retarded and developmentally disabled" means any person | 9633 |
| who is designated as such pursuant to section 5123.13 of the | 9634 |
| Revised Code and is in compliance with section 109.77 of the | 9635 |
| Revised Code. | 9636 |
| (QQ) "State university law enforcement officer" means any | 9637 |
| person who is employed full-time as a state university law | 9638 |
| enforcement officer pursuant to section 3345.04 of the Revised | 9639 |
| Code and who is in compliance with section 109.77 of the Revised | 9640 |
| Code. | 9641 |
| (RR) "House sergeant at arms" means any person appointed by | 9642 |
| the speaker of the house of representatives under division (B)(1) | 9643 |
| of section 101.311 of the Revised Code who has arrest authority | 9644 |
| under division (E)(1) of that section. | 9645 |
| (SS) "Assistant house sergeant at arms" means any person | 9646 |
| appointed by the house sergeant at arms under division (C)(1) of | 9647 |
| section 101.311 of the Revised Code. | 9648 |
| (TT) "Regional transit authority police officer" means a | 9649 |
| person who is employed full time as a regional transit authority | 9650 |
| police officer under division (Y) of section 306.35 of the Revised | 9651 |
| Code and is in compliance with section 109.77 of the Revised Code. | 9652 |
| (UU) "State highway patrol police officer" means a special | 9653 |
| police officer employed full time and designated by the | 9654 |
| superintendent of the state highway patrol pursuant to section | 9655 |
| 5503.09 of the Revised Code or a person serving full time as a | 9656 |
| special police officer pursuant to that section on a permanent | 9657 |
| basis on October 21, 1997, who is in compliance with section | 9658 |
| 109.77 of the Revised Code. | 9659 |
| (VV) "Municipal public safety director" means a person who | 9660 |
| serves full-time as the public safety director of a municipal | 9661 |
| corporation with the duty of directing the activities of the | 9662 |
| municipal corporation's police department and fire department. | 9663 |
| (WW) Notwithstanding section 2901.01 of the Revised Code, | 9664 |
| "PERS law enforcement officer" means a sheriff, deputy sheriff, | 9665 |
| township constable or police officer in a township police | 9666 |
| department or district, drug agent, municipal public safety | 9667 |
| director, department of public safety enforcement agent, natural | 9668 |
| resources law enforcement staff officer, park officer, forest | 9669 |
| officer, preserve officer, wildlife officer, state watercraft | 9670 |
| officer, park district police officer, conservancy district | 9671 |
| officer, veterans' home police officer, special police officer for | 9672 |
| a mental health institution, special police officer for an | 9673 |
| institution for the mentally retarded and developmentally | 9674 |
| disabled, state university law enforcement officer, municipal | 9675 |
| police officer, house sergeant at arms, assistant house sergeant | 9676 |
| at arms, regional transit authority police officer, or state | 9677 |
| highway patrol police officer. | 9678 |
| | 9679 |
| person appointed by the clerk of courts of the Hamilton county | 9680 |
| municipal court under division (A)(3) of section 1901.32 of the | 9681 |
| Revised Code who is employed full time as a bailiff or deputy | 9682 |
| bailiff, who has received a certificate attesting to the person's | 9683 |
| satisfactory completion of the peace officer basic training | 9684 |
| described in division (D)(1) of section 109.77 of the Revised | 9685 |
| Code, and whose primary duties are to preserve the peace, to | 9686 |
| protect life and property, and to enforce the laws of this state. | 9687 |
| | 9688 |
| following: | 9689 |
| (1) Exercises any discretionary authority or control with | 9690 |
| respect to the management of the system or with respect to the | 9691 |
| management or disposition of its assets; | 9692 |
| (2) Renders investment advice for a fee, direct or indirect, | 9693 |
| with respect to money or property of the system; | 9694 |
| (3) Has any discretionary authority or responsibility in the | 9695 |
| administration of the system. | 9696 |
| | 9697 |
| the following requirements: | 9698 |
| (1) Is a member of the American academy of actuaries; | 9699 |
| (2) Is an associate or fellow of the society of actuaries; | 9700 |
| (3) Has a minimum of five years' experience in providing | 9701 |
| actuarial services to public retirement plans. | 9702 |
| | 9703 |
| described in sections 145.201 to 145.79 of the Revised Code. | 9704 |
| | 9705 |
| or plans established under section 145.81 of the Revised Code. | 9706 |
| Sec. 145.33. (A) Except as provided in division (B) or (C) | 9707 |
| of this section, a member with at least five years of total | 9708 |
| service credit who has attained age sixty, or who has thirty years | 9709 |
| of total Ohio service credit, may apply for age and service | 9710 |
| retirement, which shall consist of: | 9711 |
| (1) An annuity having a reserve equal to the amount of the | 9712 |
| member's accumulated contributions at that time; | 9713 |
| (2) A pension equal to the annuity provided by division | 9714 |
| (A)(1) of this section; | 9715 |
| (3) An additional pension, if the member can qualify for | 9716 |
| prior service, equal to forty dollars multiplied by the number of | 9717 |
| years, and fraction thereof, of such prior and military service | 9718 |
| credit; | 9719 |
| (4) A basic annual pension equal to one hundred eighty | 9720 |
| dollars if the member has ten or more years of total service | 9721 |
| credit as of October 1, 1956, except that the basic annual pension | 9722 |
| shall not exceed the sum of the annual benefits provided by | 9723 |
| divisions (A)(1), (2), and (3) of this section. | 9724 |
| (5) When a member retires on age and service retirement, the | 9725 |
| member's total annual single lifetime allowance, including the | 9726 |
| allowances provided in divisions (A)(1), (2), (3), and (4) of this | 9727 |
| section, shall be not less than a base amount adjusted in | 9728 |
| accordance with division (A)(5) of this section and determined by | 9729 |
| multiplying the member's total service credit by the greater of | 9730 |
| the following: | 9731 |
| (a) Eighty-six dollars; | 9732 |
| (b) Two and two-tenths per cent of the member's final average | 9733 |
| salary for each of the first thirty years of service plus two and | 9734 |
| one-half per cent of the member's final average salary for each | 9735 |
| subsequent year of service. | 9736 |
| The allowance shall be adjusted by the factors of attained | 9737 |
| age or years of service to provide the greater amount as | 9738 |
| determined by the following schedule: | 9739 |
| Years of | Percentage | 9740 | ||||
| Attained | or | Total Service | of | 9741 | ||
| Birthday | Credit | Base Amount | 9742 |
| 58 | 25 | 75 | 9743 | |||
| 59 | 26 | 80 | 9744 | |||
| 60 | 27 | 85 | 9745 | |||
| 61 | 88 | 9746 | ||||
| 28 | 90 | 9747 | ||||
| 62 | 91 | 9748 | ||||
| 63 | 94 | 9749 | ||||
| 29 | 95 | 9750 | ||||
| 64 | 97 | 9751 | ||||
| 65 | 30 or more | 100 | 9752 |
| Members shall vest the right to a benefit in accordance with | 9753 |
| the following schedule, based on the member's attained age by | 9754 |
| September 1, 1976: | 9755 |
| Percentage | 9756 | ||||
| Attained | of | 9757 | |||
| Birthday | Base Amount | 9758 | |||
| 66 | 102 | 9759 | |||
| 67 | 104 | 9760 | |||
| 68 | 106 | 9761 | |||
| 69 | 108 | 9762 | |||
| 70 or more | 110 | 9763 |
| (6) The total annual single lifetime allowance that a member | 9764 |
| shall receive under division (A)(5) of this section shall not | 9765 |
| exceed the lesser of one hundred per cent of the member's final | 9766 |
| average salary or the limit established by section 415 of the | 9767 |
| "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, | 9768 |
| as amended. | 9769 |
| (B)(1) For the purposes of divisions (B) to (G) of this | 9770 |
| section, "total service credit as a PERS law enforcement officer" | 9771 |
| and "total service credit as a Hamilton county municipal court | 9772 |
| bailiff" include credit for military service to the extent | 9773 |
| permitted by division (E)(2) of this section and credit for | 9774 |
| service as a police officer or state highway patrol trooper to the | 9775 |
| extent permitted by divisions (E)(3) and (4) of this section. | 9776 |
| (2) A member who meets the conditions in division (B)(2)(a), | 9777 |
| (b), (c), or (d) of this section may apply for an age and service | 9778 |
| retirement benefit under this division: | 9779 |
| (a) The member has attained age forty-eight and has at least | 9780 |
| twenty-five years of total service credit as a PERS law | 9781 |
| enforcement officer whose primary duties were to preserve the | 9782 |
| peace, protect life and property, and enforce the laws in the | 9783 |
| member's jurisdiction; | 9784 |
| (b) The member has attained age fifty-two, and has at least | 9785 |
| twenty-five years of total service credit as a PERS law | 9786 |
| enforcement officer, but the member's primary duties were other | 9787 |
| than to preserve the peace, protect life and property, and enforce | 9788 |
| the laws in the member's jurisdiction; | 9789 |
| (c) The member has attained age fifty-two and has at least | 9790 |
| twenty-five years of total service as a Hamilton county municipal | 9791 |
| court bailiff; | 9792 |
| (d) The member has attained age sixty-two and has at least | 9793 |
| fifteen years of total service credit as either of the following: | 9794 |
| (i) A PERS law enforcement officer; | 9795 |
| (ii) A Hamilton county municipal court bailiff. | 9796 |
| (3) A benefit paid under division (B)(2) of this section | 9797 |
| shall consist of an annual single lifetime allowance equal to the | 9798 |
| sum of two and one-half per cent of the member's final average | 9799 |
| salary multiplied by the first twenty-five years of the member's | 9800 |
| total service plus two and one-tenth per cent of the member's | 9801 |
| final average salary multiplied by the number of years of the | 9802 |
| member's total service credit in excess of twenty-five years. | 9803 |
| (4) A member with at least fifteen years of total service | 9804 |
| credit as a PERS law enforcement officer or Hamilton county | 9805 |
| municipal court bailiff who voluntarily resigns or is discharged | 9806 |
| for any reason except death, dishonesty, cowardice, intemperate | 9807 |
| habits, or conviction of a felony may apply for an age and service | 9808 |
| retirement benefit, which shall consist of an annual single | 9809 |
| lifetime allowance equal to one and one-half per cent of the | 9810 |
| member's final average salary multiplied by the number of years of | 9811 |
| the member's total service credit. The allowance shall commence on | 9812 |
| the first day of the calendar month following the month in which | 9813 |
| the application is filed with the public employees retirement | 9814 |
| board on or after the attainment by the applicant of age | 9815 |
| fifty-two. | 9816 |
| (C)(1) A member with at least twenty-five years of total | 9817 |
| service credit who would be eligible to retire under division | 9818 |
| (B)(2)(b) or (c) of this section had the member attained age | 9819 |
| fifty-two and who voluntarily resigns or is discharged for any | 9820 |
| reason except death, dishonesty, cowardice, intemperate habits, or | 9821 |
| conviction of a felony, on or after the date of attaining | 9822 |
| forty-eight years of age, but before the date of attaining | 9823 |
| fifty-two years of age, may elect to receive a reduced benefit as | 9824 |
| determined by the following schedule: | 9825 |
| Attained Age | Reduced Benefit | 9826 |
| 48 | 75% of the benefit payable under | 9827 | |||
| division (B)(3) of this section | 9828 | ||||
| 49 | 80% of the benefit payable under | 9829 | |||
| division (B)(3) of this section | 9830 | ||||
| 50 | 86% of the benefit payable under | 9831 | |||
| division (B)(3) of this section | 9832 | ||||
| 51 | 93% of the benefit payable under | 9833 | |||
| division (B)(3) of this section | 9834 |
| (2) If a member elects to receive a reduced benefit after | 9835 |
| attaining age forty-eight the reduced benefit is payable from the | 9836 |
| later of the date of the member's most recent birthday or the date | 9837 |
| the member becomes eligible to receive the reduced benefit. | 9838 |
| (3) Once a member elects to receive a reduced benefit | 9839 |
| determined by the schedule in division (C)(1) of this section and | 9840 |
| has received a payment, the member may not reelect to change that | 9841 |
| election. | 9842 |
| (4) If a member who has resigned or been discharged has left | 9843 |
| on deposit the member's accumulated contributions in the | 9844 |
| employees' savings fund and has not elected to receive a reduced | 9845 |
| benefit determined by the schedule in division (C)(1) of this | 9846 |
| section, upon attaining fifty-two years of age, the member shall | 9847 |
| be entitled to receive a benefit computed and paid under division | 9848 |
| (B)(3) of this section. | 9849 |
| (D) A benefit paid under division (B) or (C) of this section | 9850 |
| shall not exceed the lesser of ninety per cent of the member's | 9851 |
| final average salary or the limit established by section 415 of | 9852 |
| the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. | 9853 |
| 415, as amended. | 9854 |
| (E)(1) A member with service credit as a PERS law enforcement | 9855 |
| officer or a Hamilton county municipal court bailiff and other | 9856 |
| service credit under this chapter may elect one of the following: | 9857 |
| (a) To have all the member's service credit under this | 9858 |
| chapter, including credit for service as a PERS law enforcement | 9859 |
| officer or Hamilton county municipal court bailiff, used in | 9860 |
| calculating a retirement allowance under division (A) of this | 9861 |
| section if the member qualifies for an allowance under that | 9862 |
| division; | 9863 |
| (b) If the member qualifies for an allowance under division | 9864 |
| (B) or (C) of this section, to have the member's service credit as | 9865 |
| a PERS law enforcement officer or Hamilton county municipal court | 9866 |
| bailiff used in calculating a benefit under the appropriate | 9867 |
| division and the member's credit for all service other than PERS | 9868 |
| law enforcement service or service as a Hamilton county municipal | 9869 |
| court bailiff under this chapter used in calculating a benefit | 9870 |
| consisting of a single life annuity having a reserve equal to the | 9871 |
| amount of the member's accumulated contributions and an equal | 9872 |
| amount of the employer's contributions. | 9873 |
| (2) Notwithstanding sections 145.01 and 145.30 of the Revised | 9874 |
| Code, no more than four years of military service credit granted | 9875 |
| under section 145.30 of the Revised Code and five years of | 9876 |
| military service credit purchased under section 145.301 or 145.302 | 9877 |
| of the Revised Code shall be used in calculating service as a PERS | 9878 |
| law enforcement officer or Hamilton county municipal court bailiff | 9879 |
| or the total service credit of that person. | 9880 |
| (3) Only credit for the member's service as a PERS law | 9881 |
| enforcement officer or service credit obtained as a police officer | 9882 |
| or state highway patrol trooper shall be used in computing the | 9883 |
| benefit of a member who qualifies for a benefit under division | 9884 |
| (B)(2)(a), (b), or (d)(ii) or (4) or division (C) of this section | 9885 |
| for the following: | 9886 |
| (a) Any person who originally is commissioned and employed as | 9887 |
| a deputy sheriff by the sheriff of any county, or who originally | 9888 |
| is elected sheriff, on or after January 1, 1975; | 9889 |
| (b) Any deputy sheriff who originally is employed as a | 9890 |
| criminal bailiff or court constable on or after April 16, 1993; | 9891 |
| (c) Any person who originally is appointed as a township | 9892 |
| constable or police officer in a township police department or | 9893 |
| district on or after January 1, 1981; | 9894 |
| (d) Any person who originally is employed as a county | 9895 |
| narcotics agent on or after September 26, 1984; | 9896 |
| (e) Any person who originally is employed as an undercover | 9897 |
| drug agent as defined in section 109.79 of the Revised Code, | 9898 |
| department of public safety enforcement agent who prior to June | 9899 |
| 30, 1999, was a liquor control investigator, park officer, forest | 9900 |
| officer, wildlife officer, state watercraft officer, park district | 9901 |
| police officer, conservancy district officer, veterans' home | 9902 |
| police officer, special police officer for a mental health | 9903 |
| institution, special police officer for an institution for the | 9904 |
| mentally retarded and developmentally disabled, or municipal | 9905 |
| police officer on or after December 15, 1988; | 9906 |
| (f) Any person who originally is employed as a state | 9907 |
| university law enforcement officer on or after November 6, 1996; | 9908 |
| (g) Any person who is originally employed as a state | 9909 |
| university law enforcement officer by the university of Akron on | 9910 |
| or after September 16, 1998; | 9911 |
| (h) Any person who originally is employed as a preserve | 9912 |
| officer on or after March 18, 1999; | 9913 |
| (i) Any person who originally is employed as a natural | 9914 |
| resources law enforcement staff officer on or after March 18, | 9915 |
| 1999; | 9916 |
| (j) Any person who is originally employed as a department of | 9917 |
| public safety enforcement agent on or after June 30, 1999; | 9918 |
| (k) Any person who is originally employed as a house sergeant | 9919 |
| at arms or assistant house sergeant at arms on or after September | 9920 |
| 5, 2001; | 9921 |
| (l) Any person who is originally appointed as a regional | 9922 |
| transit authority police officer or state highway patrol police | 9923 |
| officer on or after February 1, 2002; | 9924 |
| (m) Any person who is originally employed as a municipal | 9925 |
| public safety director on or after the effective date of this | 9926 |
| amendment. | 9927 |
| (4) Only credit for a member's service as a Hamilton county | 9928 |
| municipal court bailiff or service credit obtained as a PERS law | 9929 |
| enforcement officer, police officer, or state highway patrol | 9930 |
| trooper shall be used in computing the benefit of a member who | 9931 |
| qualifies for a benefit under division (B)(2)(c) or (d)(ii) or (4) | 9932 |
| or division (C) of this section for any person who originally is | 9933 |
| employed as a Hamilton county municipal court bailiff on or after | 9934 |
| November 6, 1996. | 9935 |
| (F) Retirement allowances determined under this section shall | 9936 |
| be paid as provided in section 145.46 of the Revised Code. | 9937 |
| (G) For the purposes of this section, service prior to June | 9938 |
| 30, 1999, as a food stamp trafficking agent under former section | 9939 |
| 5502.14 of the Revised Code shall be considered service as a law | 9940 |
| enforcement officer. | 9941 |
| Sec. 147.05. (A) Before entering upon the duties of the | 9942 |
| office of notary public, a notary public shall leave the notary | 9943 |
| public's commission with the oath endorsed on the commission with | 9944 |
| the clerk of the court of common pleas of the county in which the | 9945 |
| notary public resides. The clerk shall record the commission in a | 9946 |
| book kept for that purpose. The clerk shall endorse on the margin | 9947 |
| of the record and on the back of the commission the time that the | 9948 |
| clerk received the commission for record and make a proper index | 9949 |
| to all commissions so recorded. For recording and indexing a | 9950 |
| commission, the fee of the clerk shall be as provided in division | 9951 |
| (R) of section 2303.20 of the Revised Code. | 9952 |
| (B) The secretary of state shall maintain a record of the | 9953 |
| commissions of each notary public appointed and commissioned by | 9954 |
| the secretary of state under this chapter and make a proper index | 9955 |
| to that record. | 9956 |
| The governor's office shall transfer to the secretary of | 9957 |
|
state's office, on or after
| 9958 |
| June 6, 2001, the record of notaries public formerly kept by the | 9959 |
| governor's office under section 107.10 of the Revised Code. The | 9960 |
| secretary of state's office shall maintain that record together | 9961 |
| with the record and index of commissions of notaries public | 9962 |
| required by this division. | 9963 |
| (C) If a notary public legally changes the notary public's | 9964 |
| name or address after having been commissioned as a notary public, | 9965 |
| the notary public shall notify the secretary of state and the | 9966 |
| appropriate clerk of courts within thirty days after the name or | 9967 |
| address change. Notification to the secretary of state shall be on | 9968 |
| a form prescribed by the secretary of state. | 9969 |
| (D) A notary, other than an attorney, who resigns the | 9970 |
| person's commission shall deliver to the secretary of state, on a | 9971 |
| form prescribed by the secretary of state, a written notice | 9972 |
| indicating the effective date of resignation. | 9973 |
| Sec. 147.10. No notary public shall do or perform any act as | 9974 |
| a notary public
knowing that | 9975 |
| office has expired or that the notary public has resigned the | 9976 |
| notary public's commission. | 9977 |
| Sec. 147.11. A person appointed notary public who performs | 9978 |
| any act as such after the expiration of | 9979 |
| office or after the person resigns the person's commission, | 9980 |
| knowing that | 9981 |
| has resigned, shall forfeit not more than five hundred dollars, to | 9982 |
| be recovered by an action in the name of the state. Such act shall | 9983 |
| render | 9984 |
| Sec. 147.12. An official act done by a notary public after | 9985 |
| the expiration of
| 9986 |
| the notary public resigns the notary public's commission is as | 9987 |
| valid as if done
during | 9988 |
| Sec. 147.371. (A) Upon receipt of a fee of two dollars and an | 9989 |
| affidavit that the original commission of a notary public has been | 9990 |
| lost or destroyed, a duplicate commission as notary public shall | 9991 |
| be issued by the secretary of state. | 9992 |
| (B) Upon receipt of a fee of two dollars and the properly | 9993 |
| completed, prescribed form for a name and address change under | 9994 |
| division (C) of section 147.05 of the Revised Code, the secretary | 9995 |
| of state shall issue a duplicate commission as a notary public. | 9996 |
| Sec. 149.30. The Ohio historical society, chartered by this | 9997 |
| state as a corporation not for profit to promote a knowledge of | 9998 |
| history and archaeology, especially of Ohio, and operated | 9999 |
| continuously in the public interest since 1885, may perform public | 10000 |
| functions as prescribed by law. | 10001 |
| The general assembly may appropriate money to the Ohio | 10002 |
| historical society each biennium to carry out the public functions | 10003 |
| of the society as enumerated in this section. An appropriation by | 10004 |
| the general assembly to the society constitutes an offer to | 10005 |
| contract with the society to carry out those public functions for | 10006 |
| which appropriations are made. An acceptance by the society of the | 10007 |
| appropriated funds constitutes an acceptance by the society of the | 10008 |
| offer and is considered an agreement by the society to perform | 10009 |
| those functions in accordance with the terms of the appropriation | 10010 |
| and the law and to expend the funds only for the purposes for | 10011 |
| which appropriated. The governor may request on behalf of the | 10012 |
| society, and the controlling board may release, additional funds | 10013 |
| to the society for survey, salvage, repair, or rehabilitation of | 10014 |
| an emergency nature for which funds have not been appropriated, | 10015 |
| and acceptance by the society of those funds constitutes an | 10016 |
| agreement on the part of the society to expend those funds only | 10017 |
| for the purpose for which released by the controlling board. | 10018 |
| The society shall faithfully expend and apply all moneys | 10019 |
| received from the state to the uses and purposes directed by law | 10020 |
|
and for necessary administrative expenses. | 10021 |
| assembly appropriates money to the society for grants or subsidies | 10022 |
| to other entities for their site-related programs, the society, | 10023 |
| except for good cause, shall distribute the money within ninety | 10024 |
| days of accepting a grant or subsidy application for the money. | 10025 |
| The society shall perform the public function of sending | 10026 |
| notice by certified mail to the owner of any property at the time | 10027 |
| it is listed on the national register of historic places. The | 10028 |
| society shall accurately record all expenditures of such funds in | 10029 |
| conformity with generally accepted accounting principles. | 10030 |
| The auditor of state shall audit all funds and fiscal records | 10031 |
| of the society. | 10032 |
| The public functions to be performed by the Ohio historical | 10033 |
| society shall include all of the following: | 10034 |
| (A) Creating, supervising, operating, protecting, | 10035 |
| maintaining, and promoting for public use a system of state | 10036 |
| memorials, titles to which may reside wholly or in part with this | 10037 |
| state or wholly or in part with the society as provided in and in | 10038 |
| conformity to appropriate acts and resolves of the general | 10039 |
| assembly, and leasing for renewable periods of two years or less, | 10040 |
| with the advice and consent of the attorney general and the | 10041 |
| director of administrative services, lands and buildings owned by | 10042 |
| the state which are in the care, custody, and control of the | 10043 |
| society, all of which shall be maintained and kept for public use | 10044 |
| at reasonable hours; | 10045 |
| (B) Making alterations and improvements, marking, and | 10046 |
| constructing, reconstructing, protecting, or restoring structures, | 10047 |
| earthworks, and monuments in its care, and equipping such | 10048 |
| facilities with appropriate educational maintenance facilities; | 10049 |
| (C) Serving as the archives administration for the state and | 10050 |
| its political subdivisions as provided in sections 149.31 to | 10051 |
| 149.42 of the Revised Code; | 10052 |
| (D) Administering a state historical museum, to be the | 10053 |
| headquarters of the society and its principal museum and library, | 10054 |
| which shall be maintained and kept for public use at reasonable | 10055 |
| hours; | 10056 |
| (E) Establishing a marking system to identify all designated | 10057 |
| historic and archaeological sites within the state and marking or | 10058 |
| causing to be marked historic sites and communities considered by | 10059 |
| the society to be historically or archaeologically significant; | 10060 |
| (F) Publishing books, pamphlets, periodicals, and other | 10061 |
| publications about history, archaeology, and natural science and | 10062 |
| offering one copy of each regular periodical issue to all public | 10063 |
| libraries in this state at a reasonable price, which shall not | 10064 |
| exceed one hundred ten per cent more than the total cost of | 10065 |
| publication; | 10066 |
| (G) Engaging in research in history, archaeology, and natural | 10067 |
| science and providing historical information upon request to all | 10068 |
| state agencies; | 10069 |
| (H) Collecting, preserving, and making available by all | 10070 |
| appropriate means and under approved safeguards all manuscript, | 10071 |
| print, or near-print library collections and all historical | 10072 |
| objects, specimens, and artifacts which pertain to the history of | 10073 |
| Ohio and its people, including the following original documents: | 10074 |
| Ohio Constitution of 1802; Ohio Constitution of 1851; proposed | 10075 |
| Ohio Constitution of 1875; design and the letters of patent and | 10076 |
| assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R. | 10077 |
| 53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883); | 10078 |
| S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28 | 10079 |
| (1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904); | 10080 |
| S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition | 10081 |
| form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40 | 10082 |
| (1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933); | 10083 |
| petition form (2) (1933); S.J.R. 57 (1936); petition form (1936); | 10084 |
| H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6 | 10085 |
| (1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48 | 10086 |
| (1947); | 10087 |
| (I) Encouraging and promoting the organization and | 10088 |
| development of county and local historical societies; | 10089 |
| (J) Providing to Ohio schools such materials as the society | 10090 |
| may prepare to facilitate the instruction of Ohio history at a | 10091 |
| reasonable price, which shall not exceed one hundred ten per cent | 10092 |
| more than the total cost of preparation and delivery; | 10093 |
| (K) Providing advisory and technical assistance to local | 10094 |
| societies for the preservation and restoration of historic and | 10095 |
| archaeological sites; | 10096 |
| (L) Devising uniform criteria for the designation of historic | 10097 |
| and archaeological sites throughout the state and advising local | 10098 |
| historical societies of the criteria and their application; | 10099 |
| (M) Taking inventory, in cooperation with the Ohio arts | 10100 |
| council, the Ohio archaeological council, and the archaeological | 10101 |
| society of Ohio, of significant designated and undesignated state | 10102 |
| and local sites and keeping an active registry of all designated | 10103 |
| sites within the state; | 10104 |
| (N) Contracting with the owners or persons having an interest | 10105 |
| in designated historic or archaeological sites or property | 10106 |
| adjacent or contiguous to those sites, or acquiring, by purchase, | 10107 |
| gift, or devise, easements in those sites or in property adjacent | 10108 |
| or contiguous to those sites, in order to control or restrict the | 10109 |
| use of those historic or archaeological sites or adjacent or | 10110 |
| contiguous property for the purpose of restoring or preserving the | 10111 |
| historical or archaeological significance or educational value of | 10112 |
| those sites; | 10113 |
| (O) Constructing a monument honoring Governor James A. | 10114 |
| Rhodes, which shall stand on the northeast quadrant of the grounds | 10115 |
| surrounding the capitol building. The monument shall be | 10116 |
| constructed with private funds donated to the Ohio historical | 10117 |
| society and designated for this purpose. No public funds shall be | 10118 |
| expended to construct this monument. The department of | 10119 |
| administrative services shall cooperate with the Ohio historical | 10120 |
| society in carrying out this function and shall maintain the | 10121 |
| monument in a manner compatible with the grounds of the capitol | 10122 |
| building. | 10123 |
| (P) Commissioning a portrait of each departing governor, | 10124 |
| which shall be displayed in the capitol building. The Ohio | 10125 |
| historical society may accept private contributions designated for | 10126 |
| this purpose and, at the discretion of its board of trustees, also | 10127 |
| may apply for the same purpose funds appropriated by the general | 10128 |
| assembly to the society pursuant to this section. | 10129 |
| (Q) Planning and developing a center at the capitol building | 10130 |
| for the purpose of educating visitors about the history of Ohio, | 10131 |
| including its political, economic, and social development and the | 10132 |
| design and erection of the capitol building and its grounds. The | 10133 |
| Ohio historical society may accept contributions of private moneys | 10134 |
| and in-kind services designated for this purpose and may, at the | 10135 |
| discretion of its board of trustees, also apply, for the same | 10136 |
| purpose, personnel and other resources paid in whole or in part by | 10137 |
| its state subsidy. | 10138 |
| (R) Submitting an annual report of its activities, programs, | 10139 |
| and operations to the governor within two months after the close | 10140 |
| of each fiscal year of the state. | 10141 |
| The society shall not sell, mortgage, transfer, or dispose of | 10142 |
| historical or archaeological sites to which it has title and in | 10143 |
| which the state has monetary interest except by action of the | 10144 |
| general assembly. | 10145 |
| In consideration of the public functions performed by the | 10146 |
| Ohio historical society for the state, employees of the society | 10147 |
| shall be considered public employees within the meaning of section | 10148 |
| 145.01 of the Revised Code. | 10149 |
| Sec. 150.07. (A) For the purpose stated in section 150.01 of | 10150 |
| the Revised Code, the authority may authorize a lender to claim | 10151 |
| one of the tax credits allowed under section 5707.031, 5725.19, | 10152 |
| 5727.241, 5729.08, 5733.49, or 5747.80 of the Revised Code. The | 10153 |
| credits shall be authorized by a written contract with the lender. | 10154 |
| The contract shall specify the terms under which the lender may | 10155 |
| claim the credit, including the amount of loss, if any, the lender | 10156 |
| must incur before the lender may claim the credit; specify that | 10157 |
| the credit shall not exceed the amount of the loss; and specify | 10158 |
| that the lender may claim the credit only for a loss certified by | 10159 |
| a program administrator to the authority under the procedures | 10160 |
| prescribed under division (B)(6) of section 150.05 of the Revised | 10161 |
| Code. | 10162 |
| (B) Tax credits may be authorized at any time after the | 10163 |
| authority establishes the investment policy under section 150.03 | 10164 |
| of the Revised Code, but a tax credit so authorized may not be | 10165 |
| claimed until the beginning of the fifth year after the authority | 10166 |
| establishes the investment policy. A tax credit may not be claimed | 10167 |
| after June 30, 2026. | 10168 |
| (C) (1) Upon receiving certification of a lender's loss from | 10169 |
| a program administrator pursuant to the procedures in the | 10170 |
| investment policy, the authority shall issue a tax credit | 10171 |
| certificate to the lender, except as otherwise provided in | 10172 |
|
division (D) of this section. | 10173 |
| (2) If the lender is a pass-through entity, as defined in | 10174 |
| section 5733.04 of the Revised Code, then each equity investor in | 10175 |
| the lender pass-through entity shall be entitled to claim one of | 10176 |
| the tax credits allowed under division (A) of this section for | 10177 |
| that equity investor's taxable year in which or with which ends | 10178 |
| the taxable year of the lender pass-through entity in an amount | 10179 |
| based on the equity investor's distributive or proportionate share | 10180 |
| of the credit amount set forth in the certificate issued by the | 10181 |
| authority. If all equity investors of the lender pass-through | 10182 |
| entity are not eligible to claim a credit against the same tax set | 10183 |
| forth in division (A) of this section, then each equity investor | 10184 |
| may elect to claim a credit against the tax to which the equity | 10185 |
| investor is subject to in an amount based on the equity investor's | 10186 |
| distributive or proportionate share of the credit amount set forth | 10187 |
| in the certificate issued by the authority. | 10188 |
| (3) The authority shall not issue a certificate until the | 10189 |
| lender, in the manner prescribed by the authority, or in the case | 10190 |
| of a lender pass-through entity, until each equity investor in | 10191 |
| that lender pass-through entity, elects to receive a refundable or | 10192 |
| nonrefundable tax credit. The election, once made, is irrevocable. | 10193 |
| The certificate shall state the amount of the credit, whether the | 10194 |
| credit is refundable or nonrefundable, and the calendar year, | 10195 |
| under section 5707.031, 5725.19, 5727.241, or 5729.08, the tax | 10196 |
| year, under section 5733.49, or the taxable year under section | 10197 |
| 5747.80 of the Revised Code, for which the credit may be claimed. | 10198 |
| The authority, in conjunction with the tax commissioner, shall | 10199 |
| develop a system for issuing tax credit certificates for the | 10200 |
| purpose of verifying that any credit claimed is a credit issued | 10201 |
| under this section and is properly taken in the year specified in | 10202 |
| the certificate and in compliance with division (B) of this | 10203 |
| section. | 10204 |
| (D) The authority shall not, in any fiscal year, issue tax | 10205 |
| credit certificates in a total amount exceeding twenty million | 10206 |
| dollars. | 10207 |
| Sec. 150.10. (A) On the first day of January of the second | 10208 |
| year after the date of entering into an agreement under section | 10209 |
| 150.05 of the Revised Code and of each ensuing year, the authority | 10210 |
| shall file with the clerk of the house of representatives, the | 10211 |
| clerk of the senate, and the chairpersons of the house and senate | 10212 |
| standing committees predominantly concerned with economic | 10213 |
| development a written report on the Ohio venture capital program. | 10214 |
| The report shall include all the following: | 10215 |
| (1) A description of the details of the investment policy | 10216 |
| established or modified in accordance with sections 150.03 and | 10217 |
| 150.04 of the Revised Code; | 10218 |
| (2) The authority's assessment of the program's achievement | 10219 |
| of its purpose stated in section 150.01 of the Revised Code; | 10220 |
| (3) The value of tax credit certificates issued by the | 10221 |
| authority under section 150.07 of the Revised Code in each fiscal | 10222 |
| year ending on or before the preceding thirtieth day of June; | 10223 |
| (4) The amount of tax credits claimed pursuant to section | 10224 |
| 5707.031, 5725.19, 5727.241, 5729.08, 5733.49, or 5747.80 of the | 10225 |
| Revised Code, as to the respective taxes involved; | 10226 |
| (5) The financial status of the Ohio venture capital fund; | 10227 |
| (6) The names of venture capital funds in which money from | 10228 |
| the program fund has been invested and the locations of their | 10229 |
| principal offices, and the names of the enterprises in which each | 10230 |
| of those venture capital funds has invested such money and the | 10231 |
| locations of those enterprises' principal offices; | 10232 |
| (7) Any recommendations for modifying the program to better | 10233 |
| achieve the purpose stated in section 150.01 of the Revised Code. | 10234 |
| (B) During each year that a report is issued under division | 10235 |
| (A) of this section, the chairperson of the authority, or another | 10236 |
| member of the authority designated by the chairperson as the | 10237 |
| authority's representative, shall be required to appear in person | 10238 |
| before the standing committees of the house and senate | 10239 |
| predominantly concerned with economic development to give | 10240 |
| testimony concerning the status of the Ohio venture capital | 10241 |
| program. | 10242 |
| Sec. 153.02. (A) The director of administrative services may | 10243 |
| debar a contractor from contract awards for public improvements as | 10244 |
| referred to in section 153.01 of the Revised Code upon proof that | 10245 |
| the contractor has done any of the following: | 10246 |
| (1) Defaulted on a contract requiring the execution of a | 10247 |
| takeover agreement as set forth in division (B) of section 153.17 | 10248 |
| of the Revised Code; | 10249 |
| (2) Knowingly failed during the course of a contract to | 10250 |
| maintain the coverage required by the bureau of workers' | 10251 |
| compensation; | 10252 |
| (3) Knowingly failed during the course of a contract to | 10253 |
| maintain the contractor's drug-free workplace program as required | 10254 |
| by the contract; | 10255 |
| (4) Knowingly failed during the course of a contract to | 10256 |
| maintain insurance required by the contract or otherwise by law, | 10257 |
| resulting in a substantial loss to the owner, as owner is referred | 10258 |
| to in section 153.01 of the Revised Code; | 10259 |
| (5) Misrepresented the firm's qualifications in the selection | 10260 |
| process set forth in sections 153.65 to 153.71 of the Revised | 10261 |
| Code; | 10262 |
| (6) Been convicted of a criminal offense related to the | 10263 |
| application for or performance of any public or private contract, | 10264 |
| including, but not limited to, embezzlement, theft, forgery, | 10265 |
| bribery, falsification or destruction of records, receiving stolen | 10266 |
| property, and any other offense that directly reflects on the | 10267 |
| contractor's business integrity; | 10268 |
| (7) Been convicted of a criminal offense under state or | 10269 |
| federal antitrust laws; | 10270 |
| (8) Deliberately or willfully submitted false or misleading | 10271 |
| information in connection with the application for or performance | 10272 |
| of a public contract; | 10273 |
| (9) Been debarred from bidding on or participating in a | 10274 |
| contract with any state or federal agency. | 10275 |
| (B) When the director reasonably believes that grounds for | 10276 |
| debarment exist, the director shall send the contractor a notice | 10277 |
| of proposed debarment indicating the grounds for the proposed | 10278 |
| debarment and the procedure for requesting a hearing on the | 10279 |
| proposed debarment. The hearing shall be conducted in accordance | 10280 |
| with Chapter 119. of the Revised Code. If the contractor does not | 10281 |
| respond with a request for a hearing in the manner specified in | 10282 |
| Chapter 119. of the Revised Code, the director shall issue the | 10283 |
| debarment decision without a hearing and shall notify the | 10284 |
| contractor of the decision by certified mail, return receipt | 10285 |
| requested. | 10286 |
| (C) The director shall determine the length of the debarment | 10287 |
| period and may rescind the debarment at any time upon notification | 10288 |
| to the contractor. During the period of debarment, the contractor | 10289 |
| is not eligible to bid for or participate in any contract for a | 10290 |
| public improvement as referred to in section 153.01 of the Revised | 10291 |
| Code. After the debarment period expires, the contractor shall be | 10292 |
| eligible to bid for and participate in contracts for a public | 10293 |
| improvement as referred to in section 153.01 of the Revised Code. | 10294 |
| (D) The director, through the office of the state architect, | 10295 |
| shall maintain a list of all contractors currently debarred under | 10296 |
| this section. Any governmental entity awarding a contract for | 10297 |
| construction of a public improvement may use a contractor's | 10298 |
| presence on the debarment list to determine whether a contractor | 10299 |
| is responsible or best under section 9.312 or any other section of | 10300 |
| the Revised Code in the award of a contract. | 10301 |
| Sec. 154.11. The issuing authority may authorize and issue | 10302 |
| obligations for the refunding, including funding and retirement, | 10303 |
| of any obligations previously issued under this chapter and any | 10304 |
| bonds or notes previously issued under Chapter 152. of the Revised | 10305 |
| Code to pay costs of capital facilities leased to the Ohio | 10306 |
| cultural facilities commission, formerly known as the Ohio arts | 10307 |
| and sports facilities commission. Such obligations may be issued | 10308 |
| in amounts sufficient for payment of the principal amount of the | 10309 |
| prior obligations, any redemption premiums thereon, principal | 10310 |
| maturities of any such obligations maturing prior to the | 10311 |
| redemption of the remaining obligations on a parity therewith, | 10312 |
| interest accrued or to accrue to the maturity dates or dates of | 10313 |
| redemption of such obligations, and any expenses incurred or to be | 10314 |
| incurred in connection with such issuance and such refunding, | 10315 |
| funding, and retirement. Subject to the bond proceedings therefor, | 10316 |
| the portion of proceeds of the sale of obligations issued under | 10317 |
| this section to be applied to bond service charges on the prior | 10318 |
| obligations shall be credited to the bond service fund for those | 10319 |
| prior obligations. Obligations authorized under this section shall | 10320 |
| be deemed to be issued for those purposes for which those prior | 10321 |
| obligations were issued and are subject to the provisions of | 10322 |
| Chapter 154. of the Revised Code pertaining to other obligations, | 10323 |
| except as otherwise indicated by this section and except for | 10324 |
| division (A) of section 154.02 of the Revised Code, provided that, | 10325 |
| unless otherwise authorized by the general assembly, any | 10326 |
| limitations imposed by the general assembly pursuant to that | 10327 |
| division with respect to bond service charges applicable to the | 10328 |
| prior obligations shall be applicable to the obligations issued | 10329 |
| under this section to refund, fund, or retire those prior | 10330 |
| obligations. | 10331 |
| Sec. 173.26. (A) Each of the following facilities shall | 10332 |
| annually pay to the department of aging six dollars for each bed | 10333 |
| maintained by the facility for use by a resident during any part | 10334 |
| of the previous year: | 10335 |
| (1) Nursing homes, residential care facilities, and homes for | 10336 |
| the aging as defined in section 3721.01 of the Revised Code; | 10337 |
| (2) Facilities authorized to provide extended care services | 10338 |
| under Title XVIII of the "Social Security Act," 49 Stat. 620 | 10339 |
| (1935), 42 U.S.C. 301, as amended; | 10340 |
| (3) County homes and district homes operated pursuant to | 10341 |
| Chapter 5155. of the Revised Code; | 10342 |
| (4) Adult care facilities as defined in section 3722.01 of | 10343 |
| the Revised Code; | 10344 |
| (5) Facilities approved by the Veterans Administration under | 10345 |
| Section 104(a) of the "Veterans Health Care Amendments of 1983," | 10346 |
| 97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for | 10347 |
| the placement and care of veterans. | 10348 |
| The department shall, by rule adopted in accordance with | 10349 |
| Chapter 119. of the Revised Code, establish deadlines for payments | 10350 |
| required by this section. A facility that fails, within ninety | 10351 |
| days after the established deadline, to pay a payment required by | 10352 |
| this section shall be assessed at two times the original invoiced | 10353 |
| payment. | 10354 |
| (B) All money collected under this section shall be deposited | 10355 |
| in the state treasury to the credit of the office of the state | 10356 |
| long-term care ombudsperson program fund, which is hereby created. | 10357 |
| Money credited to the fund shall be used solely to pay the costs | 10358 |
| of operating the regional long-term care ombudsperson programs. | 10359 |
| (C) The state long-term care ombudsperson and the regional | 10360 |
| programs may solicit and receive contributions to support the | 10361 |
| operation of the office or a regional program, except that no | 10362 |
| contribution shall be solicited or accepted that would interfere | 10363 |
| with the independence or objectivity of the office or program. | 10364 |
| Sec. 173.39. As used in sections 173.39 to 173.393 of the | 10365 |
| Revised Code, "community-based long-term care services" has the | 10366 |
| same meaning as in section 173.14 of the Revised Code. | 10367 |
| Except as provided in section 173.392 of the Revised Code, | 10368 |
| the department of aging may not pay a person or government entity | 10369 |
| for providing community-based long-term care services under a | 10370 |
| program the department administers unless the person or government | 10371 |
| entity is certified under section 173.391 of the Revised Code and | 10372 |
| provides the services. | 10373 |
| Sec. 173.391. (A) The department of aging or its designee | 10374 |
| shall do all of the following in accordance with Chapter 119. of | 10375 |
| the Revised Code: | 10376 |
| (1) Certify a person or government entity to provide | 10377 |
| community-based long-term care services under a program the | 10378 |
| department administers if the person or government entity | 10379 |
| satisfies the requirements for certification established by rules | 10380 |
| adopted under division (B) of this section; | 10381 |
| (2) When required to do so by rules adopted under division | 10382 |
| (B) of this section, take one or more of the following | 10383 |
| disciplinary actions against a person or government entity issued | 10384 |
| a certificate under division (A)(1) of this section: | 10385 |
| (a) Issue a written warning; | 10386 |
| (b) Require the submission of a plan of correction; | 10387 |
| (c) Suspend referrals; | 10388 |
| (d) Remove clients; | 10389 |
| (e) Impose a fiscal sanction such as a civil monetary penalty | 10390 |
| or an order that unearned funds be repaid; | 10391 |
| (f) Revoke the certificate; | 10392 |
| (g) Impose another sanction. | 10393 |
| (3) Hold hearings when there is a dispute between the | 10394 |
| department or its designee and a person or government entity | 10395 |
| concerning actions the department or its designee takes or does | 10396 |
| not take under division (A)(1) or (2)(c) to (g) of this section. | 10397 |
| (B) The director of aging shall adopt rules in accordance | 10398 |
| with Chapter 119. of the Revised Code establishing certification | 10399 |
| requirements and standards for determining which type of | 10400 |
| disciplinary action to take under division (A)(2) of this section | 10401 |
| in individual situations. The rules shall establish procedures for | 10402 |
| all of the following: | 10403 |
| (1) Ensuring that PASSPORT agencies, as defined in section | 10404 |
| 173.41 of the Revised Code, comply with that section; | 10405 |
| (2) Evaluating the services provided to ensure that they are | 10406 |
| provided in a quality manner advantageous to the individual | 10407 |
| receiving the services; | 10408 |
| (3) Determining when to take disciplinary action under | 10409 |
| division (A)(2) of this section and which disciplinary action to | 10410 |
| take. | 10411 |
| (C) The procedures established in rules adopted under | 10412 |
| division (B)(2) of this section shall require that all of the | 10413 |
| following be considered as part of an evaluation: | 10414 |
| (1) The service provider's experience and financial | 10415 |
| responsibility; | 10416 |
| (2) The service provider's ability to comply with standards | 10417 |
| for the community-based long-term care services that the provider | 10418 |
| provides under a program the department administers; | 10419 |
| (3) The service provider's ability to meet the needs of the | 10420 |
| individuals served; | 10421 |
| (4) Any other factor the director considers relevant. | 10422 |
| (D) The rules adopted under division (B)(3) of this section | 10423 |
| shall specify that the reasons disciplinary action may be taken | 10424 |
| under division (A)(2) of this section include good cause, | 10425 |
| including misfeasance, malfeasance, nonfeasance, confirmed abuse | 10426 |
| or neglect, financial irresponsibility, or other conduct the | 10427 |
| director determines is injurious to the health or safety of | 10428 |
| individuals being served. | 10429 |
| Sec. 173.392. (A) The department of aging may pay a person or | 10430 |
| government entity for providing community-based long-term care | 10431 |
| services under a program the department administers, even though | 10432 |
| the person or government entity is not certified under section | 10433 |
| 173.391 of the Revised Code if all of the following are the case: | 10434 |
| (1) The person or government entity has a contract with the | 10435 |
| department of aging or the department's designee to provide the | 10436 |
| services; | 10437 |
| (2) The contract includes detailed conditions of | 10438 |
| participation for providers of services under a program the | 10439 |
| department administers and service standards that the person or | 10440 |
| government entity is required to satisfy; | 10441 |
| (3) The person or government entity complies with the | 10442 |
| contract; | 10443 |
| (4) The contract is not for medicaid-funded services, other | 10444 |
| than services provided under the PACE program administered by the | 10445 |
| department of aging under section 173.50 of the Revised Code. | 10446 |
| (B) The director of aging shall adopt rules in accordance | 10447 |
| with Chapter 119. of the Revised Code governing both of the | 10448 |
| following: | 10449 |
| (1) Contracts between the department of aging and persons and | 10450 |
| government entities regarding community-based long-term care | 10451 |
| services provided under a program the department administers; | 10452 |
| (2) The department's payment for community-based long-term | 10453 |
| care services provided under such a contract. | 10454 |
| Sec. 173.393. (A) Except as provided in division (B) of this | 10455 |
| section, the records of an evaluation conducted in accordance with | 10456 |
| rules adopted under division (B)(2) of section 173.391 of the | 10457 |
| Revised Code are public records for purposes of section 149.43 of | 10458 |
| the Revised Code and shall be made available on request of any | 10459 |
| person, including individuals receiving or seeking community-based | 10460 |
| long-term care services under a program the department of aging | 10461 |
| administers. | 10462 |
| (B) A part of a record of an evaluation that is otherwise | 10463 |
| available as a public record under division (A) of this section is | 10464 |
| not available as a public record if its release would violate a | 10465 |
| federal or state statute, regulation, or rule, including | 10466 |
| regulations adopted by the United States department of health and | 10467 |
| human services to implement the health information privacy | 10468 |
| provisions of the "Health Insurance Portability and Accountability | 10469 |
| Act of 1996," 110 Stat. 1955, 42 U.S.C. 1320d, et seq., as | 10470 |
| amended. | 10471 |
| Sec. 173.40. There is hereby created a medicaid waiver | 10472 |
|
component | 10473 |
| as defined in section 5111.85 of the Revised Code, to be known as | 10474 |
| the preadmission screening system providing options and resources | 10475 |
| today program, or PASSPORT. The PASSPORT program shall provide | 10476 |
| home and community-based services as an alternative to nursing | 10477 |
| facility placement for aged and disabled medicaid recipients. The | 10478 |
| program shall be operated pursuant to a home and community-based | 10479 |
| waiver granted by the United States secretary of health and human | 10480 |
| services under section 1915 of the "Social Security Act," 49 Stat. | 10481 |
| 620 (1935), 42 U.S.C. 1396n, as amended. The department of aging | 10482 |
| shall administer the program through a contract entered into with | 10483 |
| the department of job and family services under section 5111.91 of | 10484 |
| the Revised
Code. The
| 10485 |
| family services shall adopt rules under section 5111.85 of the | 10486 |
| Revised Code and the director of aging shall adopt rules in | 10487 |
| accordance with Chapter 119. of the Revised Code to implement the | 10488 |
| program. | 10489 |
| | 10490 |
| 10491 | |
| this section: | 10492 |
| (1)
" | 10493 |
| 10494 | |
| 10495 | |
| 10496 | |
| 10497 | |
| 10498 | |
| private nonprofit entity designated under section 173.011 of the | 10499 |
| Revised Code to administer programs on behalf of the department of | 10500 |
| aging. | 10501 |
| (2) "Long-term care consultation" means the process used to | 10502 |
| provide services under the long-term care consultation program | 10503 |
| established pursuant to this section, including, but not limited | 10504 |
| to, such services as the provision of information about long-term | 10505 |
| care options and costs, the assessment of an individual's | 10506 |
| functional capabilities, and the conduct of all or part of the | 10507 |
| reviews, assessments, and determinations specified in sections | 10508 |
| 5111.202, 5111.204, 5119.061, and 5123.021 of the Revised Code and | 10509 |
| the rules adopted under those sections. | 10510 |
| (3) "Medicaid" means the medical assistance program | 10511 |
| established under Chapter 5111. of the Revised Code. | 10512 |
| | 10513 |
| 5111.20 of the Revised Code. | 10514 |
| | 10515 |
| 10516 | |
| applying for admission to a nursing facility, or residing in a | 10517 |
| nursing facility. A representative may be a family member, | 10518 |
| attorney, hospital social worker, or any other person chosen to | 10519 |
| act on behalf of | 10520 |
| | 10521 |
| 10522 |
| (B) | 10523 |
| 10524 | |
| 10525 | |
| 10526 | |
| 10527 | |
| 10528 | |
| 10529 | |
| 10530 |
| | 10531 |
| 10532 | |
| 10533 | |
| 10534 | |
| 10535 | |
| 10536 | |
| 10537 | |
| 10538 | |
| 10539 | |
| 10540 | |
| 10541 | |
| 10542 | |
| 10543 | |
| 10544 | |
| 10545 | |
| consultation program whereby individuals or their representatives | 10546 |
| are provided with long-term care consultations and receive through | 10547 |
| these professional consultations information about options | 10548 |
| available to meet long-term care needs and information about | 10549 |
| factors to consider in making long-term care decisions. The | 10550 |
| long-term care consultations provided under the program may be | 10551 |
| provided at any appropriate time, as permitted or required under | 10552 |
| this section and the rules adopted under it, including either | 10553 |
| prior to or after the individual who is the subject of a | 10554 |
| consultation has been admitted to a nursing facility. | 10555 |
| (C) The long-term care consultation program shall be | 10556 |
| administered by the department of aging, except that the | 10557 |
| department may enter into a contract with an area agency on aging | 10558 |
| or other entity selected by the department under which the program | 10559 |
| for a particular area is administered by the area agency on aging | 10560 |
| or other entity pursuant to the contract. | 10561 |
| (D) The long-term care consultations provided for purposes of | 10562 |
| the program shall be provided by individuals certified by the | 10563 |
| department under section | 10564 |
| 10565 | |
| 10566 | |
| 10567 | |
| 10568 | |
| 10569 | |
| 10570 | |
| 10571 | |
| 10572 | |
| 10573 | |
| 10574 | |
| 10575 | |
| 10576 | |
| 10577 | |
| 10578 |
| | 10579 |
| care consultation shall be appropriate to the individual's needs | 10580 |
| and situation and shall address all of the following: | 10581 |
| (1) The availability of any long-term care options open to | 10582 |
| the individual; | 10583 |
| (2) Sources and methods of both public and private payment | 10584 |
| for long-term care services; | 10585 |
| (3) Factors to consider when choosing among the available | 10586 |
| programs, services, and benefits; | 10587 |
| (4) Opportunities and methods for maximizing independence and | 10588 |
| self-reliance, including support services provided by the | 10589 |
| individual's family, friends, and community. | 10590 |
| (F) An individual's long-term care consultation may include | 10591 |
| an assessment of the individual's functional capabilities. The | 10592 |
| consultation may incorporate portions of the determinations | 10593 |
| required under sections 5111.202, 5119.061, and 5123.021 of the | 10594 |
| Revised Code and may be provided concurrently with the assessment | 10595 |
| required under section 5111.204 of the Revised Code. | 10596 |
| (G)(1) Unless an exemption specified in division (I) of this | 10597 |
| section is applicable, each individual in the following categories | 10598 |
| shall be provided with a long-term care consultation: | 10599 |
| (a) Individuals who apply or indicate an intention to apply | 10600 |
| for admission to a nursing facility, regardless of the source of | 10601 |
| payment to be used for their care in a nursing facility; | 10602 |
| (b) Nursing facility residents who apply or indicate an | 10603 |
| intention to apply for medicaid; | 10604 |
| (c) Nursing facility residents who are likely to spend down | 10605 |
| their resources within six months after admission to a nursing | 10606 |
| facility to a level at which they are financially eligible for | 10607 |
| medicaid; | 10608 |
| (d) Individuals who request a long-term care consultation. | 10609 |
| (2) In addition to the individuals included in the categories | 10610 |
| specified in division (G)(1) of this section, long-term care | 10611 |
| consultations may be provided to nursing facility residents who | 10612 |
| have not applied and have not indicated an intention to apply for | 10613 |
| medicaid. The purpose of the consultations provided to these | 10614 |
| individuals shall be to determine continued need for nursing | 10615 |
| facility services, to provide information on alternative services, | 10616 |
| and to make referrals to alternative services. | 10617 |
| (H)(1) When a long-term care consultation is required to be | 10618 |
| provided pursuant to division (G)(1) of this section, the | 10619 |
| consultation shall be provided as follows or pursuant to division | 10620 |
| (H)(2) or (3) of this section: | 10621 |
| (a) If the individual for whom the consultation is being | 10622 |
| provided has applied for medicaid and the consultation is being | 10623 |
| provided concurrently with the assessment required under section | 10624 |
| 5111.204 of the Revised Code, the consultation shall be completed | 10625 |
| in accordance with the applicable time frames specified in that | 10626 |
| section for providing a level of care determination based on the | 10627 |
| assessment. | 10628 |
| (b) In all other cases, the consultation shall be provided | 10629 |
| not later than five calendar days after the department or the | 10630 |
| program administrator under contract with the department receives | 10631 |
| notice of the reason for which the consultation is required to be | 10632 |
| provided pursuant to division (G)(1) of this section. | 10633 |
| (2) An individual or the individual's representative may | 10634 |
| request that a long-term care consultation be provided on a date | 10635 |
| that is later than the date required under division (H)(1)(a) or | 10636 |
| (b) of this section. | 10637 |
| (3) If a long-term care consultation cannot be completed | 10638 |
| within the number of days required by division (H)(1) or (2) of | 10639 |
| this section, the department or the program administrator under | 10640 |
| contract with the department may do any of the following: | 10641 |
| (a) Exempt the individual from the consultation pursuant to | 10642 |
| rules that may be adopted under division (L) of this section; | 10643 |
| (b) In the case of an applicant for admission to a nursing | 10644 |
| facility, provide the consultation after the individual is | 10645 |
| admitted to the nursing facility; | 10646 |
| (c) In the case of a resident of a nursing facility, provide | 10647 |
| the consultation as soon as practicable. | 10648 |
| (I) An individual is not required to be | 10649 |
| long-term care consultation under | 10650 |
| any of the following apply: | 10651 |
| (1) The | 10652 |
| representative chooses to forego participation in the consultation | 10653 |
| pursuant to criteria specified | 10654 |
| 10655 |
| (2) The | 10656 |
| facility under a contract for continuing care as defined in | 10657 |
| section 173.13
of the
Revised Code | 10658 |
| (3) The | 10659 |
| admission to a nursing facility operated as part of a system of | 10660 |
| continuing care in conjunction with one or more facilities that | 10661 |
| provide a less intensive level of services, including a | 10662 |
| residential care facility licensed under Chapter 3721. of the | 10663 |
| Revised Code, an | 10664 |
| Chapter 3722. of the Revised Code, or an independent living | 10665 |
| arrangement; | 10666 |
| (4) The | 10667 |
| home for the aged exempt from taxation under section 5701.13 of | 10668 |
| the Revised Code; | 10669 |
| (5) The | 10670 |
| 10671 | |
| 10672 | |
| 10673 | |
| 10674 | |
| admission to a facility that is not a nursing facility with a | 10675 |
| provider agreement under section 5111.22 of the Revised Code; | 10676 |
| (6) The | 10677 |
| nursing
facility | 10678 |
| 10679 | |
| 10680 | |
| 10681 | |
| 10682 | |
| 10683 |
| (7) The | 10684 |
| facility
following
a period of hospitalization | 10685 |
| 10686 | |
| 10687 | |
| 10688 | |
| 10689 |
| (8) The | 10690 |
| 10691 | |
| 10692 | |
| 10693 | |
| the long-term care consultation requirement by the department or | 10694 |
| the program administrator pursuant to rules that may be adopted | 10695 |
| under division (L) of this section. | 10696 |
| | 10697 |
| 10698 | |
| 10699 | |
| 10700 |
| | 10701 |
| 10702 | |
| 10703 | |
| 10704 |
| | 10705 |
| 10706 | |
| 10707 | |
| 10708 | |
| 10709 |
| | 10710 |
| 10711 | |
| 10712 | |
| 10713 |
| | 10714 |
| 10715 | |
| 10716 | |
| 10717 | |
| 10718 | |
| 10719 |
| | 10720 |
| 10721 | |
| 10722 | |
| 10723 | |
| 10724 |
| | 10725 |
| long-term care consultation, the department or the program | 10726 |
| administrator under contract with the department shall provide the | 10727 |
| individual or individual's representative with a written summary | 10728 |
| of options and resources available to meet the individual's needs. | 10729 |
| Even though the summary may specify that a source of long-term | 10730 |
| care other than care in a nursing facility is appropriate and | 10731 |
| available, the individual is not required to seek an alternative | 10732 |
| source of long-term care and may be admitted to or continue to | 10733 |
| reside in
a nursing facility | 10734 |
| 10735 | |
| 10736 | |
| 10737 |
| | 10738 |
| provider agreement | 10739 |
| the Revised Code shall
admit
or retain any | 10740 |
| 10741 | |
| 10742 | |
| nursing facility has received
evidence that a | 10743 |
| 10744 | |
| individual or division (I) of this section is applicable to the | 10745 |
| individual. | 10746 |
| | 10747 |
| may adopt
any rules | 10748 |
| 10749 | |
| for the implementation and administration of this section. The | 10750 |
| rules shall | 10751 |
| the Revised Code and may specify any or all of the following: | 10752 |
| (1) | 10753 |
| 10754 | |
| 10755 |
| | 10756 |
| 10757 |
| | 10758 |
| 10759 | |
| 10760 |
| | 10761 |
| 10762 |
| | 10763 |
| 10764 | |
| 10765 |
| | 10766 |
| 10767 | |
| 10768 |
| | 10769 |
| 10770 | |
| 10771 |
| | 10772 |
| 10773 |
| | 10774 |
| 10775 | |
| Procedures for providing long-term care consultations pursuant to | 10776 |
| this section; | 10777 |
| (2) Information to be provided through long-term care | 10778 |
| consultations regarding long-term care services that are | 10779 |
| available; | 10780 |
| (3) Criteria under which an individual or the individual's | 10781 |
| representative may choose to forego participation in a long-term | 10782 |
| care consultation; | 10783 |
| (4) Criteria for exempting individuals from the long-term | 10784 |
| care consultation requirement; | 10785 |
| (5) Circumstances under which it may be appropriate to | 10786 |
| provide an individual's long-term care consultation after the | 10787 |
| individual's admission to a nursing facility rather than before | 10788 |
| admission; | 10789 |
| (6) Criteria for identifying nursing facility residents who | 10790 |
| would benefit from the provision of a long-term care consultation. | 10791 |
| | 10792 |
| a nursing facility an amount determined by rules the director | 10793 |
| shall
adopt
in accordance with Chapter 119. of the Revised Code | 10794 |
| 10795 |
| | 10796 |
| 10797 | |
| 10798 |
| | 10799 |
| individual, without evidence that a
| 10800 |
| long-term care consultation has been | 10801 |
| 10802 | |
| 10803 |
| | 10804 |
| of the Revised Code, all fines collected under this division shall | 10805 |
| be deposited into the state treasury to the credit of the | 10806 |
| residents protection fund | 10807 |
| 10808 |
| | 10809 |
| 10810 | |
| 10811 | |
| 10812 | |
| 10813 | |
| established by rule to
| 10814 |
| care consultations for purposes of section | 10815 |
| 173.42 of the Revised Code.
The director of | 10816 |
| 10817 | |
| of the Revised Code governing the certification process and | 10818 |
| requirements. The rules shall specify the education, experience, | 10819 |
| or training in | 10820 |
| qualify for certification. | 10821 |
| Sec. 173.44. (A) As used in this section, "nursing home" and | 10822 |
| "residential care facility" have the same meanings as in section | 10823 |
| 3721.01 of the Revised Code. | 10824 |
| (B) The department of aging may conduct an annual survey of | 10825 |
| nursing homes and residential care facilities. The survey shall | 10826 |
| include questions about capacity, occupancy, and private pay | 10827 |
| charges. The department may contract with an outside entity to | 10828 |
| conduct the survey and analyze the results. The results of the | 10829 |
| survey and any analysis completed by the department or its | 10830 |
| designee shall be made available to the general assembly, other | 10831 |
| state agencies, nursing home and residential care facility | 10832 |
| providers, and the general public. | 10833 |
| (C) No nursing home or residential care facility shall | 10834 |
| recklessly fail to complete the survey. | 10835 |
| Sec. 173.45. As used in this section and in sections 173.46 | 10836 |
| to 173.49 of the Revised Code: | 10837 |
| (A) "Long-term care facility" means a nursing home or | 10838 |
| residential care facility. | 10839 |
| (B) "Nursing home" and "residential care facility" have the | 10840 |
| same meanings as in section 3721.01 of the Revised Code. | 10841 |
| (C) "Nursing facility" has the same meaning as in section | 10842 |
| 5111.20 of the Revised Code. | 10843 |
| Sec. 173.46. (A) The department of aging shall develop and | 10844 |
| publish a guide to long-term care facilities for use by | 10845 |
| individuals considering long-term care facility admission and | 10846 |
| their families, friends, and advisors. The guide, which shall be | 10847 |
| titled the Ohio long-term care consumer guide, may be published in | 10848 |
| printed form or in electronic form for distribution over the | 10849 |
| internet. The guide may be developed as a continuation or | 10850 |
| modification of the guide published by the department prior to the | 10851 |
| effective date of this section under rules adopted under section | 10852 |
| 173.02 of the Revised Code. | 10853 |
| (B) The Ohio long-term care consumer guide shall include | 10854 |
| information on each long-term care facility in this state. For | 10855 |
| each facility, the guide shall include the following information, | 10856 |
| as applicable to the facility: | 10857 |
| (1) Information regarding the facility's compliance with | 10858 |
| state statutes and rules and federal statutes and regulations; | 10859 |
| (2) Information generated by the centers for medicare and | 10860 |
| medicaid services of the United States department of health and | 10861 |
| human services from the quality measures developed as part of its | 10862 |
| nursing home quality initiative; | 10863 |
| (3) Results of the customer satisfaction surveys conducted | 10864 |
| under section 173.47 of the Revised Code; | 10865 |
| (4) Any other information the department specifies in rules | 10866 |
| adopted under section 173.49 of the Revised Code. | 10867 |
| Sec. 173.47. (A) For purposes of publishing the Ohio | 10868 |
| long-term care consumer guide, the department of aging shall | 10869 |
| conduct or provide for the conduct of an annual customer | 10870 |
| satisfaction survey of each long-term care facility. The results | 10871 |
| of the surveys may include information obtained from long-term | 10872 |
| care facility residents, their families, or both. | 10873 |
| (B)(1) The department may charge fees for the conduct of | 10874 |
| annual customer satisfaction surveys. The department may contract | 10875 |
| with any person or government entity to collect the fees on its | 10876 |
| behalf. All fees collected under this section shall be deposited | 10877 |
| in accordance with section 173.48 of the Revised Code. | 10878 |
| (2) The fees charged under this section shall not exceed the | 10879 |
| following amounts: | 10880 |
| (a) Four hundred dollars for the customer satisfaction survey | 10881 |
| of a long-term care facility that is a nursing home; | 10882 |
| (b) Three hundred dollars for the customer satisfaction | 10883 |
| survey pertaining to a long-term care facility that is a | 10884 |
| residential care facility. | 10885 |
| (3) Fees paid by a long-term care facility that is a nursing | 10886 |
| facility shall be reimbursed through the medicaid program operated | 10887 |
| under Chapter 5111. of the Revised Code. | 10888 |
| (C) Each long-term care facility shall cooperate in the | 10889 |
| conduct of its annual customer satisfaction survey. | 10890 |
| Sec. 173.48. There is hereby created in the state treasury | 10891 |
| the long-term care consumer guide fund. Money collected from the | 10892 |
| fees charged for the conduct of customer satisfaction surveys | 10893 |
| under section 173.47 of the Revised Code shall be credited to the | 10894 |
| fund. The department of aging shall use money in the fund for | 10895 |
| costs associated with publishing the Ohio long-term care consumer | 10896 |
| guide, including, but not limited to, costs incurred in conducting | 10897 |
| or providing for the conduct of customer satisfaction surveys. | 10898 |
| Sec. 173.49. The department of aging shall adopt rules as the | 10899 |
| department considers necessary to implement and administer | 10900 |
| sections 173.45 to 173.48 of the Revised Code. The rules shall be | 10901 |
| adopted under Chapter 119. of the Revised Code. | 10902 |
| Sec. 173.50. (A) Pursuant to a contract entered into with the | 10903 |
| department of job and family services as an interagency agreement | 10904 |
| under section 5111.91 of the Revised Code, the department of aging | 10905 |
| shall carry out the day-to-day administration of the component of | 10906 |
| the medicaid program established under Chapter 5111. of the | 10907 |
| Revised Code known as the program of all-inclusive care for the | 10908 |
| elderly or PACE. The department of aging shall carry out its PACE | 10909 |
| administrative duties in accordance with the provisions of the | 10910 |
| interagency agreement and all applicable federal laws, including | 10911 |
| the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396u-4, | 10912 |
| as amended. | 10913 |
| (B) The department of aging may adopt rules in accordance | 10914 |
| with Chapter 119. of the Revised Code regarding the PACE program, | 10915 |
| subject to both of the following: | 10916 |
| (1) The rules shall be authorized by rules adopted by the | 10917 |
| department of job and family services. | 10918 |
| (2) The rules shall address only those issues that are not | 10919 |
| addressed in rules adopted by the department of job and family | 10920 |
| services for the PACE program. | 10921 |
| Sec. 173.99. (A) A long-term care provider, person employed | 10922 |
| by a long-term care provider, other entity, or employee of such | 10923 |
| other entity that violates division (C) of section 173.24 of the | 10924 |
| Revised Code is subject to a fine not to exceed one thousand | 10925 |
| dollars for each violation. | 10926 |
| (B) Whoever violates division (C) of section 173.23 of the | 10927 |
| Revised Code is guilty of registering a false complaint, a | 10928 |
| misdemeanor of the first degree. | 10929 |
| (C) A long-term care provider, other entity, or person | 10930 |
| employed by a long-term care provider or other entity that | 10931 |
| violates division (E) of section 173.19 of the Revised Code by | 10932 |
| denying a representative of the office of the state long-term care | 10933 |
| ombudsperson program the access required by that division is | 10934 |
| subject to a fine not to exceed five hundred dollars for each | 10935 |
| violation. | 10936 |
| (D) Whoever violates division (C) of section 173.44 of the | 10937 |
| Revised Code is subject to a fine of one hundred dollars. | 10938 |
| Sec. 183.28. The education technology trust fund is hereby | 10939 |
| created in the state treasury. Money credited to the fund shall be | 10940 |
| used to pay costs of
the eTech Ohio | 10941 |
|
section
| 10942 |
| earnings of the fund shall be credited to the fund. | 10943 |
| Sec. 184.02. (A) The third frontier commission may perform | 10944 |
| any act to ensure the performance of any function necessary or | 10945 |
| appropriate to carry out the purposes of, and exercise the powers | 10946 |
| granted under, sections 184.01 and 184.02 of the Revised Code. In | 10947 |
| addition, the commission may do any of the following: | 10948 |
| (1) Adopt, amend, and rescind rules under section 111.15 of | 10949 |
| the Revised Code for the administration of any aspect of its | 10950 |
| operations; | 10951 |
| (2) Adopt bylaws governing its operations, including bylaws | 10952 |
| that establish procedures and set policies as may be necessary to | 10953 |
| assist with the furtherance of its purposes; | 10954 |
| (3) Appoint and set the compensation of employees needed to | 10955 |
| carry out its duties; | 10956 |
| (4) Contract with, retain the services of, or designate, and | 10957 |
| fix the compensation of, such financial consultants, accountants, | 10958 |
| other consultants and advisors, and other independent contractors | 10959 |
| as may be necessary or desirable to carry out its duties; | 10960 |
| (5) Solicit input and comments from the third frontier | 10961 |
| advisory board, and specialized industry, professional, and other | 10962 |
| relevant interest groups concerning its purposes; | 10963 |
| (6) Facilitate alignment of the state's science and | 10964 |
| technology programs and activities; | 10965 |
| (7) Make grants and loans to individuals, public agencies, | 10966 |
| private companies or organizations, or joint ventures for any of | 10967 |
| the broad range of activities related to its purposes. | 10968 |
| (B) The commission shall do all of the following: | 10969 |
| (1) Establish a competitive process for the award of grants | 10970 |
| and loans that is designed to fund the most meritorious proposals | 10971 |
| and, when appropriate, provide for peer review of proposals; | 10972 |
| (2) Within ninety days after the end of each fiscal year, | 10973 |
| submit to the governor and the general assembly a report of the | 10974 |
| activities of the commission during the preceding fiscal year; | 10975 |
| (3) With specific application to the biomedical research and | 10976 |
| technology transfer trust fund, periodically make strategic | 10977 |
| assessments of the types of state investments in biomedical | 10978 |
| research and biotechnology in the state that would likely create | 10979 |
| jobs and business opportunities in the state and produce the most | 10980 |
|
beneficial long-term improvements to the public health of
| 10981 |
| Ohioans, including, but not limited to, biomedical research and | 10982 |
| biotechnology initiatives that address tobacco-related illnesses | 10983 |
| as may be outlined in any master agreement. The commission shall | 10984 |
| award grants and loans from the fund pursuant to a process | 10985 |
| established under division (B)(1) of this section. | 10986 |
| (C) Notwithstanding the authority granted to the commission | 10987 |
| under sections 184.01 to 184.04 of the Revised Code, the | 10988 |
| commission shall not make any grants or loans to individuals, | 10989 |
| public agencies, private companies or organizations, or joint | 10990 |
| ventures for any activities involving stem cell research with | 10991 |
| human embryonic tissue. | 10992 |
| Sec. 305.171. (A) The board of county commissioners of any | 10993 |
| county may contract for, purchase, or otherwise procure and pay | 10994 |
| all or any part of the cost of group insurance policies that may | 10995 |
| provide benefits including, but not limited to, hospitalization, | 10996 |
| surgical care, major medical care, disability, dental care, eye | 10997 |
| care, medical care, hearing aids, or prescription drugs, and that | 10998 |
| may provide sickness and accident insurance, group legal services, | 10999 |
| or group life insurance, or a combination of any of the foregoing | 11000 |
| types of insurance or coverage, for county officers and employees | 11001 |
| and their immediate dependents from the funds or budgets from | 11002 |
| which the county officers or employees are compensated for | 11003 |
| services, issued by an insurance company. | 11004 |
| (B) The board of county commissioners also may negotiate and | 11005 |
| contract for any plan or plans of health care services with health | 11006 |
| insuring corporations holding a certificate of authority under | 11007 |
| Chapter 1751. of the Revised Code, provided that each county | 11008 |
| officer or employee shall be permitted to do both of the | 11009 |
| following: | 11010 |
| (1) Exercise an option between a plan offered by an insurance | 11011 |
| company and | 11012 |
| corporations under this division, on the condition that the county | 11013 |
| officer or employee shall pay any amount by which the cost of the | 11014 |
| plan chosen by | 11015 |
| this division exceeds the cost of the plan offered under division | 11016 |
| (A) of this section; | 11017 |
| (2) Change from one of the plans to another at a time each | 11018 |
| year as determined by the board. | 11019 |
| (C) Section 307.86 of the Revised Code does not apply to the | 11020 |
| purchase of benefits for county officers or employees under | 11021 |
| divisions (A) and (B) of this section when those benefits are | 11022 |
| provided through a jointly administered health and welfare trust | 11023 |
| fund in which the county or contracting authority and a collective | 11024 |
| bargaining representative of the county employees or contracting | 11025 |
| authority agree to participate. | 11026 |
| (D) The board of trustees of a jointly administered trust | 11027 |
| fund that receives contributions pursuant to collective bargaining | 11028 |
| agreements entered into between the board of county commissioners | 11029 |
| of any county and a collective bargaining representative of the | 11030 |
| employees of the county may provide for self-insurance of all risk | 11031 |
| in the provision of fringe benefits, and may provide through the | 11032 |
| self-insurance method specific fringe benefits as authorized by | 11033 |
| the rules of the board of trustees of the jointly administered | 11034 |
| trust fund. The fringe benefits may include, but are not limited | 11035 |
| to, hospitalization, surgical care, major medical care, | 11036 |
| disability, dental care, vision care, medical care, hearing aids, | 11037 |
| prescription drugs, group life insurance, sickness and accident | 11038 |
| insurance, group legal services, or a combination of any of the | 11039 |
| foregoing types of insurance or coverage, for county employees and | 11040 |
| their dependents. | 11041 |
| (E) The board of county commissioners may provide the | 11042 |
| benefits described in divisions (A) to (D) of this section through | 11043 |
| an individual self-insurance program or a joint self-insurance | 11044 |
| program as provided in section 9.833 of the Revised Code. | 11045 |
| (F) When a board of county commissioners offers health | 11046 |
| benefits authorized
under this section to | 11047 |
| employee | 11048 |
| cafeteria plan meeting the requirements of section 125 of the | 11049 |
| "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 125, | 11050 |
| as amended, and, as part of that plan, may offer the county | 11051 |
| officer or employee the option of receiving a cash payment in any | 11052 |
| form permissible under such cafeteria plans. A cash payment made | 11053 |
| to | 11054 |
| exceed twenty-five per cent of the cost of premiums or payments | 11055 |
| that otherwise would be paid by the board for benefits for the | 11056 |
| county officer or employee under a policy or plan. | 11057 |
| (G) The board of county commissioners may establish a policy | 11058 |
| authorizing any county appointing authority to make a cash payment | 11059 |
| to any county officer or employee in lieu of providing a benefit | 11060 |
| authorized under this section if the county officer or employee | 11061 |
| elects to take the cash payment instead of the offered benefit. A | 11062 |
|
cash payment made to | 11063 |
| division shall not exceed twenty-five per cent of the cost of | 11064 |
| premiums or payments that otherwise would be paid by the board for | 11065 |
| benefits for the county officer or employee under an offered | 11066 |
| policy or plan. | 11067 |
| (H) No cash payment in lieu of a health benefit shall be made | 11068 |
| to a county officer or employee under division (F) or (G) of this | 11069 |
| section unless the county officer or employee signs a statement | 11070 |
| affirming that the county officer or employee is covered under | 11071 |
| another health insurance or health care policy, contract, or plan, | 11072 |
| and setting forth the name of the employer, if any, that sponsors | 11073 |
| the coverage, the name of the carrier that provides the coverage, | 11074 |
| and the identifying number of the policy, contract, or plan. | 11075 |
| (I) | 11076 |
| | 11077 |
| 11078 | |
| 11079 |
| | 11080 |
| 11081 |
| | 11082 |
| court, after consultation with the judges, or the clerk and deputy | 11083 |
| clerks, of the municipal court, shall negotiate and contract for, | 11084 |
| purchase, or otherwise procure, and pay the costs, premiums, or | 11085 |
| charges for, group health care coverage for the judges, and group | 11086 |
| health care coverage for the clerk and deputy clerks, in | 11087 |
| accordance with section 1901.111 or 1901.312 of the Revised Code. | 11088 |
| (J) As used in this section: | 11089 |
| (1) "County officer or employee" includes, but is not limited | 11090 |
| to, a member or employee of the county board of elections. | 11091 |
| (2) "County-operated municipal court" and "legislative | 11092 |
| authority" have the same meanings as in section 1901.03 of the | 11093 |
| Revised Code. | 11094 |
| (3) "Health care coverage" has the same meaning as in section | 11095 |
| 1901.111 of the Revised Code. | 11096 |
| Sec. 305.28. If a board of county commissioners by | 11097 |
| resolution elects to participate in a criminal justice regional | 11098 |
| information system as provided in section 2949.093 of the Revised | 11099 |
| Code, the board also shall create in its county treasury a | 11100 |
| criminal justice regional information fund. All money deposited | 11101 |
| into the fund shall be used only as provided in that section. | 11102 |
| Sec. 306.331. Notwithstanding section 306.33 of the Revised | 11103 |
| Code, the board of trustees of any regional transit authority | 11104 |
| created by one county and two municipal corporations, with the | 11105 |
| county having a population of at least five hundred thousand | 11106 |
| according to the most recent federal census, shall be appointed | 11107 |
| and governed as provided in this section. | 11108 |
| The board of trustees of such a regional transit authority | 11109 |
| shall consist of nine members, six of whom shall be appointed by | 11110 |
| the board of county commissioners, two of whom shall be appointed | 11111 |
| by the most populous municipal corporation that is included in the | 11112 |
| regional transit authority, and one of whom shall be appointed by | 11113 |
| the second most populous municipal corporation in the county, | 11114 |
| regardless of whether the second most populous municipal | 11115 |
| corporation in the county is a member of the regional transit | 11116 |
| authority. A trustee appointed under this section shall serve at | 11117 |
| the pleasure of the appointing authority. | 11118 |
| The trustees of any authority first appointed under this | 11119 |
| section shall serve staggered terms. Thereafter each successor | 11120 |
| shall serve a term of three years, except that any person | 11121 |
| appointed to fill a vacancy shall be appointed to only the | 11122 |
| unexpired term. The resolutions or ordinances creating the | 11123 |
| regional transit authority may determine whether an appointed | 11124 |
| trustee is eligible for reappointment. | 11125 |
| A majority of the board of trustees constitutes a quorum, the | 11126 |
| affirmative vote of which is necessary for any action taken by the | 11127 |
| authority. No vacancy in the board shall impair the rights of a | 11128 |
| quorum to exercise all rights and perform all the duties of the | 11129 |
| authority. | 11130 |
| Each member of the board of trustees, before entering upon | 11131 |
| the trustee's official duties, shall take and subscribe to an oath | 11132 |
| or affirmation that the trustee will honestly, faithfully, and | 11133 |
| impartially perform the duties of office and that the trustee will | 11134 |
| not be personally interested directly or indirectly in any | 11135 |
| contract let by the regional transit authority. | 11136 |
| After each member of the board has taken the oath as | 11137 |
| prescribed by this section, the board shall meet and organize by | 11138 |
| electing one of its members as president and another as | 11139 |
| vice-president, who shall hold their respective offices until the | 11140 |
| next annual meeting of the board as provided in its bylaws. At | 11141 |
| each annual meeting thereafter, the board shall elect from its | 11142 |
| membership a president and a vice-president who shall serve for a | 11143 |
| term of one year. The board shall hold regular and special | 11144 |
| meetings in a time, place, and manner established in its bylaws, | 11145 |
| provided that all meetings shall be open to the public except | 11146 |
| executive sessions as set forth in section 122.22 of the Revised | 11147 |
| Code. | 11148 |
| The board shall appoint and fix the compensation of a | 11149 |
| secretary-treasurer, who shall be the fiscal officer. The | 11150 |
| secretary-treasurer shall not be a member of the board and shall | 11151 |
| serve at the pleasure of the board. Each member of the board of | 11152 |
| trustees is entitled to receive from the regional transit | 11153 |
| authority reimbursement for reasonable expenses in the performance | 11154 |
| of the trustee's duties. | 11155 |
| Sec. 307.37. (A) As used in division (B)(3) of this section, | 11156 |
| "proposed new construction" means a proposal to erect, construct, | 11157 |
| repair, alter, redevelop, or maintain a single-family, two-family, | 11158 |
| or three-family dwelling or any structure that is regulated by the | 11159 |
| Ohio building code. | 11160 |
| (B)(1)(a) The board of county commissioners may adopt local | 11161 |
| residential building regulations governing residential buildings | 11162 |
| as defined in section 3781.06 of the Revised Code, to be enforced | 11163 |
| within the unincorporated area of the county or within districts | 11164 |
| the board establishes in any part of the unincorporated area. No | 11165 |
| local residential building regulation shall differ from the state | 11166 |
| residential building code the board of building standards | 11167 |
| establishes pursuant to Chapter 3781. of the Revised Code unless | 11168 |
| the regulation addresses subject matter not addressed by the state | 11169 |
| residential building code or is adopted pursuant to section | 11170 |
| 3781.01 of the Revised Code. | 11171 |
| (b) The board of county commissioners may, by resolution, | 11172 |
| adopt, administer, and enforce within the unincorporated area of | 11173 |
| the county, or within districts the board establishes in the | 11174 |
| unincorporated area, an existing structures code pertaining to the | 11175 |
| repair and continued maintenance of structures and the premises of | 11176 |
| those structures provided that the existing structures code | 11177 |
| governs subject matter not addressed by, and is not in conflict | 11178 |
| with, the state residential building code adopted pursuant to | 11179 |
| Chapter 3781. of the Revised Code. The board may adopt by | 11180 |
| 11181 | |
| prepared and promulgated by the state, any agency of this state, | 11182 |
| or any private organization that publishes a recognized or | 11183 |
| standard existing structures code. | 11184 |
| (c) The board shall assign the duties of administering and | 11185 |
| enforcing any local residential building regulations or existing | 11186 |
| structures code to a county officer or employee who is trained and | 11187 |
| qualified for those duties and shall establish by resolution the | 11188 |
| minimum qualifications necessary to perform those duties. | 11189 |
| (2) The board may adopt regulations for participation in the | 11190 |
| national flood insurance program established in the "Flood | 11191 |
| Disaster Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002, | 11192 |
| as amended, and regulations adopted for the purposes of section | 11193 |
| 1506.04 or 1506.07 of the Revised Code governing the prohibition, | 11194 |
| location, erection, construction, redevelopment, or floodproofing | 11195 |
| of new buildings or structures, substantial improvements to | 11196 |
| existing buildings or structures, or other development in | 11197 |
| unincorporated territory within flood hazard areas identified | 11198 |
| under the "Flood Disaster Protection Act of 1973," 87 Stat. 975, | 11199 |
| 42 U.S.C.A. 4002, as amended, or within Lake Erie coastal erosion | 11200 |
| areas identified under section 1506.06 of the Revised Code, | 11201 |
| including, but not limited to, residential, commercial, | 11202 |
| institutional, or industrial buildings or structures or other | 11203 |
| permanent structures, as defined in section 1506.01 of the Revised | 11204 |
| Code. Rules adopted under division (B)(2) of this section shall | 11205 |
| not conflict with the state residential and nonresidential | 11206 |
| building codes adopted pursuant to section 3781.10 of the Revised | 11207 |
| Code. | 11208 |
| (3)(a) A board may adopt regulations that provide for a | 11209 |
| review of the specific effects of a proposed new construction on | 11210 |
| existing surface or subsurface drainage. The regulations may | 11211 |
| require reasonable drainage mitigation and reasonable alteration | 11212 |
| of a proposed new construction before a building permit is issued | 11213 |
| in order to prevent or correct any adverse effects that the | 11214 |
| proposed new construction may have on existing surface or | 11215 |
| subsurface drainage. The regulations shall not be inconsistent | 11216 |
| with, more stringent than, or broader in scope than standards | 11217 |
| adopted by the natural resource conservation service in the United | 11218 |
| States department of agriculture concerning drainage or rules | 11219 |
| adopted by the environmental protection agency for reducing, | 11220 |
| controlling, or mitigating storm water runoff from construction | 11221 |
| sites, where applicable. The regulations shall allow a person who | 11222 |
| is registered under Chapter 4703. or 4733. of the Revised Code to | 11223 |
| prepare and submit relevant plans and other documents for review, | 11224 |
| provided that the person is authorized to prepare the plans and | 11225 |
| other documents pursuant to the person's registration. | 11226 |
| (b) If regulations are adopted under division (B)(3) of this | 11227 |
| section, the board shall specify in the regulations a procedure | 11228 |
| for the review of the specific effects of a proposed new | 11229 |
| construction on existing surface or subsurface drainage. The | 11230 |
| procedure shall include at a minimum all of the following: | 11231 |
| (i) A meeting at which the proposed new construction shall be | 11232 |
| examined for those specific effects. The meeting shall be held | 11233 |
| within thirty days after an application for a building permit is | 11234 |
| filed or a review is requested unless the applicant agrees in | 11235 |
| writing to extend that time period or to postpone the meeting to | 11236 |
| another date, time, or place. The meeting shall be scheduled | 11237 |
| within five days after an application for a building permit is | 11238 |
| filed or a review is requested. | 11239 |
| (ii) Written notice of the date, time, and place of that | 11240 |
| meeting, sent by regular mail to the applicant. The written notice | 11241 |
| shall be mailed at least seven days before the scheduled meeting | 11242 |
| date. | 11243 |
| (iii) Completion of the review by the board of county | 11244 |
| commissioners not later than thirty days after the application for | 11245 |
| a building permit is filed or a review is requested unless the | 11246 |
| applicant has agreed in writing to extend that time period or | 11247 |
| postpone the meeting to a later time, in which case the review | 11248 |
| shall be completed not later than two days after the date of the | 11249 |
| meeting. A complete review shall include the issuance of any order | 11250 |
| of the board of county commissioners regarding necessary | 11251 |
| reasonable drainage mitigation and necessary reasonable | 11252 |
| alterations to the proposed new construction to prevent or correct | 11253 |
| any adverse effects on existing surface or subsurface drainage so | 11254 |
| long as those alterations comply with the state residential and | 11255 |
| nonresidential building codes adopted pursuant to section 3781.10 | 11256 |
| of the Revised Code. If the review is not completed within the | 11257 |
| thirty-day period or an extended or postponed period that the | 11258 |
| applicant has agreed to, the proposed new construction shall be | 11259 |
| deemed to have no adverse effects on existing surface or | 11260 |
| subsurface drainage, and those effects shall not be a valid basis | 11261 |
| for the denial of a building permit. | 11262 |
| (iv) A written statement, provided to the applicant at the | 11263 |
| meeting or in an order for alterations to a proposed new | 11264 |
| construction, informing the applicant of the right to seek | 11265 |
| appellate review of the denial of a building permit under division | 11266 |
| (B)(3)(b)(iii) of this section by filing a petition in accordance | 11267 |
| with Chapter 2506. of the Revised Code. | 11268 |
| (c) The regulations may authorize the board, after obtaining | 11269 |
| the advice of the county engineer, to enter into an agreement with | 11270 |
| the county engineer or another qualified person or entity to carry | 11271 |
| out any necessary inspections and make evaluations about what, if | 11272 |
| any, alterations are necessary to prevent or correct any adverse | 11273 |
| effects that a proposed new construction may have on existing | 11274 |
| surface or subsurface drainage. | 11275 |
| (d) Regulations adopted pursuant to division (B)(3) of this | 11276 |
| section shall not apply to any property that a platting authority | 11277 |
| has approved under section 711.05, 711.09, or 711.10 of the | 11278 |
| Revised Code and shall not govern the same subject matter as the | 11279 |
| state residential or nonresidential building codes adopted | 11280 |
| pursuant to section 3781.10 of the Revised Code. | 11281 |
| (e) As used in division (B)(3) of this section, "subsurface | 11282 |
| drainage" does not include a household sewage treatment system as | 11283 |
| defined in section 3709.091 of the Revised Code. | 11284 |
| (C)(1) Any regulation, code, or amendment may be adopted | 11285 |
| under this section only after a public hearing at not fewer than | 11286 |
| two regular or special sessions of the board. The board shall | 11287 |
| cause notice of any public hearing to be published in a newspaper | 11288 |
| of general circulation in the county once a week for the two | 11289 |
| consecutive weeks immediately preceding the hearing, except that | 11290 |
| if the board posts the hearing notice on the board's internet site | 11291 |
| on the world wide web, the board need publish only one notice of | 11292 |
| the hearing in a newspaper of general circulation if that | 11293 |
| newspaper notice includes the board's internet site and a | 11294 |
| statement that the notice is also posted on the internet site. Any | 11295 |
| notice of a public hearing shall include the time, date, and place | 11296 |
| of the hearing. | 11297 |
| (2) Any proposed regulation, code, or amendment shall be made | 11298 |
| available to the public at the board office. The regulations or | 11299 |
| amendments shall take effect on the thirty-first day following the | 11300 |
| date of their adoption. | 11301 |
| (D)(1) No person shall violate any regulation, code, or | 11302 |
| amendment the board adopts under sections 307.37 to 307.40 of the | 11303 |
| Revised Code. | 11304 |
| (2) Each day during which an illegal location, erection, | 11305 |
| construction, floodproofing, repair, alteration, development, | 11306 |
| redevelopment, or maintenance continues may be considered a | 11307 |
| separate offense. | 11308 |
| (E) Regulations or amendments the board adopts pursuant to | 11309 |
| this section, with the exception of an existing structures code, | 11310 |
| do not affect buildings or structures that exist or on which | 11311 |
| construction has begun on or before the date the board adopts the | 11312 |
| regulation or amendment. | 11313 |
| (F)(1) The board may create a building department and employ | 11314 |
| the personnel it determines necessary to administer and enforce | 11315 |
| any local residential building regulations or existing structures | 11316 |
| code the board adopts pursuant to this section. The building | 11317 |
| department may enforce the state residential and nonresidential | 11318 |
| building codes adopted pursuant to Chapter 3781. of the Revised | 11319 |
| Code if the building department is certified pursuant to section | 11320 |
| 3781.10 of the Revised Code to enforce those codes. | 11321 |
| (2) The board may direct the building department, upon | 11322 |
| certification, to exercise enforcement authority and to accept and | 11323 |
| approve plans pursuant to sections 3781.03 and 3791.04 of the | 11324 |
| Revised Code for the class of building for which the department | 11325 |
| and personnel are certified. | 11326 |
| Sec. 307.676. (A) As used in this section: | 11327 |
| (1) "Food and beverages" means any raw, cooked, or processed | 11328 |
| edible substance used or intended for use in whole or in part for | 11329 |
| human consumption, including ice, water, spirituous liquors, wine, | 11330 |
| mixed beverages, beer, soft drinks, soda, and other beverages. | 11331 |
| (2) "Convention facilities authority" has the same meaning as | 11332 |
| in section 351.01 of the Revised Code. | 11333 |
| (3) "Convention center" has the same meaning as in section | 11334 |
| 307.695 of the Revised Code. | 11335 |
| (B) The legislative authority of a county with a population | 11336 |
| of one million two hundred thousand or more according to the most | 11337 |
| recent federal decennial census or the most recent annual | 11338 |
| population estimate published or released by the United States | 11339 |
| census bureau at the time the resolution is adopted placing the | 11340 |
| levy on the ballot, may, by resolution adopted on or before July | 11341 |
| 1, 2008, by a majority of the members of the legislative authority | 11342 |
| and with the subsequent approval of a majority of the electors of | 11343 |
| the county voting upon it, levy a tax of not more than two per | 11344 |
| cent on every retail sale in the county of food and beverages to | 11345 |
| be consumed on the premises where sold to pay the expenses of | 11346 |
| administering the tax and to provide revenues for paying the | 11347 |
| direct and indirect costs of constructing, improving, expanding, | 11348 |
| equipping, financing, or operating a convention center. The | 11349 |
| resolution shall direct the board of elections to submit the | 11350 |
| question of levying the tax to the electors of the county at the | 11351 |
| next primary or general election in the county occurring not less | 11352 |
| than seventy-five days after the resolution is certified to the | 11353 |
| board of elections. The legislative authority shall establish all | 11354 |
| rules necessary to provide for the administration and allocation | 11355 |
| of the tax. The rules may prescribe the time for payment of the | 11356 |
| tax and may provide for imposition of a penalty, interest, or both | 11357 |
| for late payments, but any such penalty shall not exceed ten per | 11358 |
| cent of the amount of tax due and the rate at which interest | 11359 |
| accrues shall not exceed the rate per annum required under section | 11360 |
| 5703.47 of the Revised Code. | 11361 |
| (C) A tax levied under this section shall remain in effect | 11362 |
| for the period of time specified in the resolution or ordinance | 11363 |
| levying the tax, but not for a longer period than forty years. | 11364 |
| (D) A tax levied under this section is in addition to any | 11365 |
| other tax levied under Chapter 307., 4301., 4305., 5739., 5741., | 11366 |
| or any other chapter of the Revised Code. "Price," as defined in | 11367 |
| sections 5739.01 and 5741.01 of the Revised Code, does not include | 11368 |
| any tax levied under this section and any tax levied under this | 11369 |
| section does not include any tax imposed under Chapter 5739. or | 11370 |
| 5741. of the Revised Code. | 11371 |
| (E) Any amount collected from a tax levied under this section | 11372 |
| may be contributed to a convention facilities authority created | 11373 |
| before July 1, 2005, but no amount collected from a tax levied | 11374 |
| under this section may be contributed to a convention facilities | 11375 |
| authority, corporation, or other entity created after July 1, | 11376 |
| 2005, unless the mayor of the municipal corporation in which the | 11377 |
| convention center is to be operated by that convention facilities | 11378 |
| authority, corporation, or other entity has consented to the | 11379 |
| creation of that convention facilities authority, corporation, or | 11380 |
| entity. | 11381 |
| (F) The levy of any taxes under Chapter 5739. of the Revised | 11382 |
| Code on the same transactions subject to a tax under this section | 11383 |
| does not prevent the levy of a tax under this section. | 11384 |
| Sec. 307.695. (A) As used in this section, "convention | 11385 |
| center" means any structure expressly designed and constructed for | 11386 |
| the purposes of presenting conventions, public meetings, and | 11387 |
| exhibitions and includes parking facilities that serve the center | 11388 |
| and any personal property used in connection with any such | 11389 |
| structure or facilities. | 11390 |
| (B) A board of county commissioners may enter into an | 11391 |
| agreement with a convention and visitors' bureau operating in the | 11392 |
| county under which: | 11393 |
| (1) The bureau agrees to construct and equip a convention | 11394 |
| center in the county and to pledge and contribute from the tax | 11395 |
| revenues received by it under division (A) of section 5739.09 of | 11396 |
| the Revised Code, not more than such portion thereof that it is | 11397 |
| authorized to pledge and contribute for the purpose described in | 11398 |
| division (C) of this section; and | 11399 |
| (2) The board agrees to levy a tax under division (C) of | 11400 |
| section 5739.09 of the Revised Code and pledge and contribute the | 11401 |
| revenues therefrom for the purpose described in division (C) of | 11402 |
| this section. | 11403 |
| (C) The purpose of the pledges and contributions described in | 11404 |
| divisions (B)(1) and (2) of this section is payment of principal, | 11405 |
| interest, and premium, if any, on bonds and notes issued by or for | 11406 |
| the benefit of the bureau to finance the construction and | 11407 |
| equipping of a convention center. The pledges and contributions | 11408 |
| provided for in the agreement shall be for the period stated in | 11409 |
| the agreement, but not to exceed thirty years. Revenues determined | 11410 |
| from time to time by the board to be needed to cover the real and | 11411 |
| actual costs of administering the tax imposed by division (C) of | 11412 |
| section 5739.09 of the Revised Code may not be pledged or | 11413 |
| contributed. The agreement shall provide that any such bonds and | 11414 |
| notes shall be secured by a trust agreement between the bureau or | 11415 |
| other issuer acting for the benefit of the bureau and a corporate | 11416 |
| trustee that is a trust company or bank having the powers of a | 11417 |
| trust company within or without the state, and the trust agreement | 11418 |
| shall pledge or assign to the retirement of the bonds or notes, | 11419 |
| all moneys paid by the county under this section. A tax the | 11420 |
| revenues from which are pledged under an agreement entered into by | 11421 |
| a board of county commissioners under this section shall not be | 11422 |
| subject to diminution by initiative or referendum, or diminution | 11423 |
| by statute, unless provision is made therein for an adequate | 11424 |
| substitute therefor reasonably satisfactory to the trustee under | 11425 |
| the trust agreement that secures the bonds and notes. | 11426 |
| (D) A pledge of money by a county under this section shall | 11427 |
| not be indebtedness of the county for purposes of Chapter 133. of | 11428 |
| the Revised Code. | 11429 |
| (E) If the terms of the agreement so provide, the board of | 11430 |
| county commissioners may acquire and lease real property to the | 11431 |
| convention bureau as the site of the convention center. The lease | 11432 |
| shall be for a term not to exceed thirty years and shall be on | 11433 |
| such terms as are set forth in the agreement. The purchase and | 11434 |
| lease are not subject to the limitations of sections 307.02 and | 11435 |
| 307.09 of the Revised Code. | 11436 |
| (F) In addition to the authority granted to a board of county | 11437 |
| commissioners under divisions (B) to (E) of this section, a board | 11438 |
| of county commissioners in a county with a population of one | 11439 |
| million two hundred thousand or more may establish and provide | 11440 |
| local funding options for constructing and equipping a convention | 11441 |
| center. | 11442 |
| Sec. 307.86. Anything to be purchased, leased, leased with | 11443 |
| an option or agreement to purchase, or constructed, including, but | 11444 |
| not limited to, any product, structure, construction, | 11445 |
| reconstruction, improvement, maintenance, repair, or service, | 11446 |
| except the services of an accountant, architect, attorney at law, | 11447 |
| physician, professional engineer, construction project manager, | 11448 |
| consultant, surveyor, or appraiser, by or on behalf of the county | 11449 |
| or contracting authority, as defined in section 307.92 of the | 11450 |
| Revised Code, at a cost in excess of twenty-five thousand dollars, | 11451 |
| except as otherwise provided in division (D) of section 713.23 and | 11452 |
| in sections 125.04, 125.60 to 125.6012, 307.022, 307.041, 307.861, | 11453 |
| 339.05, 340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, | 11454 |
| 5543.19, 5713.01, and 6137.05 of the Revised Code, shall be | 11455 |
| obtained through competitive bidding. However, competitive bidding | 11456 |
| is not required when any of the following applies: | 11457 |
| (A) The board of county commissioners, by a unanimous vote of | 11458 |
| its members, makes a determination that a real and present | 11459 |
| emergency exists, and that determination and the reasons for it | 11460 |
| are entered in the minutes of the proceedings of the board, when | 11461 |
| either of the following applies: | 11462 |
| (1) The estimated cost is less than fifty thousand dollars. | 11463 |
| (2) There is actual physical disaster to structures, radio | 11464 |
| communications equipment, or computers. | 11465 |
| For purposes of this division, "unanimous vote" means all | 11466 |
| three members of a board of county commissioners when all three | 11467 |
| members are present, or two members of the board if only two | 11468 |
| members, constituting a quorum, are present. | 11469 |
| Whenever a contract of purchase, lease, or construction is | 11470 |
| exempted from competitive bidding under division (A)(1) of this | 11471 |
| section because the estimated cost is less than fifty thousand | 11472 |
| dollars, but the estimated cost is twenty-five thousand dollars or | 11473 |
| more, the county or contracting authority shall solicit informal | 11474 |
| estimates from no fewer than three persons who could perform the | 11475 |
| contract, before awarding the contract. With regard to each such | 11476 |
| contract, the county or contracting authority shall maintain a | 11477 |
| record of such estimates, including the name of each person from | 11478 |
| whom an estimate is solicited. The county or contracting authority | 11479 |
| shall maintain the record for the longer of at least one year | 11480 |
| after the contract is awarded or the amount of time the federal | 11481 |
| government requires. | 11482 |
| (B)(1) The purchase consists of supplies or a replacement or | 11483 |
| supplemental part or parts for a product or equipment owned or | 11484 |
| leased by the county, and the only source of supply for the | 11485 |
| supplies, part, or parts is limited to a single supplier. | 11486 |
| (2) The purchase consists of services related to information | 11487 |
| technology, such as programming services, that are proprietary or | 11488 |
| limited to a single source. | 11489 |
| (C) The purchase is from the federal government, the state, | 11490 |
| another county or contracting authority of another county, or a | 11491 |
| board of education, township, or municipal corporation. | 11492 |
| (D) The purchase is made by a county department of job and | 11493 |
| family services under section 329.04 of the Revised Code and | 11494 |
| consists of family services duties or workforce development | 11495 |
| activities or is made by a county board of mental retardation and | 11496 |
| developmental disabilities under section 5126.05 of the Revised | 11497 |
| Code and consists of program services, such as direct and | 11498 |
| ancillary client services, child care, case management services, | 11499 |
| residential services, and family resource services. | 11500 |
| (E) The purchase consists of criminal justice services, | 11501 |
| social services programs, family services, or workforce | 11502 |
| development activities by the board of county commissioners from | 11503 |
| nonprofit corporations or associations under programs funded by | 11504 |
| the federal government or by state grants. | 11505 |
| (F) The purchase consists of any form of an insurance policy | 11506 |
| or contract authorized to be issued under Title XXXIX of the | 11507 |
| Revised Code or any form of health care plan authorized to be | 11508 |
| issued under Chapter 1751. of the Revised Code, or any combination | 11509 |
| of such policies, contracts, or plans that the contracting | 11510 |
| authority is authorized to purchase, and the contracting authority | 11511 |
| does all of the following: | 11512 |
| (1) Determines that compliance with the requirements of this | 11513 |
| section would increase, rather than decrease, the cost of the | 11514 |
| purchase; | 11515 |
| (2) Employs a competent consultant to assist the contracting | 11516 |
| authority in procuring appropriate coverages at the best and | 11517 |
| lowest prices; | 11518 |
| (3) Requests issuers of the policies, contracts, or plans to | 11519 |
| submit proposals to the contracting authority, in a form | 11520 |
| prescribed by the contracting authority, setting forth the | 11521 |
| coverage and cost of the policies, contracts, or plans as the | 11522 |
| contracting authority desires to purchase; | 11523 |
| (4) Negotiates with the issuers for the purpose of purchasing | 11524 |
| the policies, contracts, or plans at the best and lowest price | 11525 |
| reasonably possible. | 11526 |
| (G) The purchase consists of computer hardware, software, or | 11527 |
| consulting services that are necessary to implement a computerized | 11528 |
| case management automation project administered by the Ohio | 11529 |
| prosecuting attorneys association and funded by a grant from the | 11530 |
| federal government. | 11531 |
| (H) Child care services are purchased for provision to county | 11532 |
| employees. | 11533 |
| (I)(1) Property, including land, buildings, and other real | 11534 |
| property, is leased for offices, storage, parking, or other | 11535 |
| purposes, and all of the following apply: | 11536 |
| (a) The contracting authority is authorized by the Revised | 11537 |
| Code to lease the property. | 11538 |
| (b) The contracting authority develops requests for proposals | 11539 |
| for leasing the property, specifying the criteria that will be | 11540 |
| considered prior to leasing the property, including the desired | 11541 |
| size and geographic location of the property. | 11542 |
| (c) The contracting authority receives responses from | 11543 |
| prospective lessors with property meeting the criteria specified | 11544 |
| in the requests for proposals by giving notice in a manner | 11545 |
| substantially similar to the procedures established for giving | 11546 |
| notice under section 307.87 of the Revised Code. | 11547 |
| (d) The contracting authority negotiates with the prospective | 11548 |
| lessors to obtain a lease at the best and lowest price reasonably | 11549 |
| possible considering the fair market value of the property and any | 11550 |
| relocation and operational costs that may be incurred during the | 11551 |
| period the lease is in effect. | 11552 |
| (2) The contracting authority may use the services of a real | 11553 |
| estate appraiser to obtain advice, consultations, or other | 11554 |
| recommendations regarding the lease of property under this | 11555 |
| division. | 11556 |
| (J) The purchase is made pursuant to section 5139.34 or | 11557 |
| sections 5139.41 to 5139.46 of the Revised Code and is of programs | 11558 |
| or services that provide case management, treatment, or prevention | 11559 |
| services to any felony or misdemeanant delinquent, unruly youth, | 11560 |
| or status offender under the supervision of the juvenile court, | 11561 |
| including, but not limited to, community residential care, day | 11562 |
| treatment, services to children in their home, or electronic | 11563 |
| monitoring. | 11564 |
| (K) The purchase is made by a public children services agency | 11565 |
| pursuant to section 307.92 or 5153.16 of the Revised Code and | 11566 |
| consists of family services, programs, or ancillary services that | 11567 |
| provide case management, prevention, or treatment services for | 11568 |
| children at risk of being or alleged to be abused, neglected, or | 11569 |
| dependent children. | 11570 |
| (L) The purchase is to obtain the services of emergency | 11571 |
| medical service organizations under a contract made by the board | 11572 |
| of county commissioners pursuant to section 307.05 of the Revised | 11573 |
| Code with a joint emergency medical services district. | 11574 |
| Any issuer of policies, contracts, or plans listed in | 11575 |
| division (F) of this section and any prospective lessor under | 11576 |
| division (I) of this section may have the issuer's or prospective | 11577 |
| lessor's name and address, or the name and address of an agent, | 11578 |
| placed on a special notification list to be kept by the | 11579 |
| contracting authority, by sending the contracting authority that | 11580 |
| name and address. The contracting authority shall send notice to | 11581 |
| all persons listed on the special notification list. Notices shall | 11582 |
| state the deadline and place for submitting proposals. The | 11583 |
| contracting authority shall mail the notices at least six weeks | 11584 |
| prior to the deadline set by the contracting authority for | 11585 |
| submitting proposals. Every five years the contracting authority | 11586 |
| may review this list and remove any person from the list after | 11587 |
| mailing the person notification of that action. | 11588 |
| Any contracting authority that negotiates a contract under | 11589 |
| division (F) of this section shall request proposals and | 11590 |
| renegotiate with issuers in accordance with that division at least | 11591 |
| every three years from the date of the signing of such a contract. | 11592 |
| Any consultant employed pursuant to division (F) of this | 11593 |
| section and any real estate appraiser employed pursuant to | 11594 |
| division (I) of this section shall disclose any fees or | 11595 |
| compensation received from any source in connection with that | 11596 |
| employment. | 11597 |
| Sec. 307.88. (A) Bids submitted pursuant to sections 307.86 | 11598 |
| to 307.92 of the Revised Code shall be in a form prescribed by the | 11599 |
| contracting authority and filed in a sealed envelope at the time | 11600 |
| and place mentioned in the | 11601 |
| shall be opened and tabulated at the time stated in the notice. | 11602 |
| Each bid shall contain the full name of each person submitting the | 11603 |
| bid. | 11604 |
| 11605 | |
| for a contract for the construction, demolition, alteration, | 11606 |
| repair, or reconstruction of an improvement, it shall meet the | 11607 |
| requirements of section 153.54 of the Revised Code. If the bid is | 11608 |
| in excess of | 11609 |
| contract authorized by sections 307.86 to 307.92 of the Revised | 11610 |
| Code, it shall be accompanied by a bond or certified check, | 11611 |
| cashier's check, or money order on a solvent bank or savings and | 11612 |
| loan association in a reasonable amount stated in the | 11613 |
| 11614 | |
| conditioned that | 11615 |
| accepted, shall execute a contract in conformity to the invitation | 11616 |
| and | 11617 |
| (B) The board of county commissioners | 11618 |
| vote of the entire board, may permit a contracting authority to | 11619 |
| exempt a bid from any or all of the requirements of section 153.54 | 11620 |
| of the Revised Code if the estimated cost is | 11621 |
| thousand dollars or less. If the board exempts a bid from any but | 11622 |
| not all of | 11623 |
| the newspaper pursuant to section 307.87 of the Revised Code shall | 11624 |
| state the specific bid guaranty requirements that apply. If the | 11625 |
| board exempts a bid from all requirements of section 153.54 of the | 11626 |
| Revised Code, the notice shall state that none of the requirements | 11627 |
| of that section apply. | 11628 |
| Sec. 317.08. (A) Except as provided in divisions (C) and (D) | 11629 |
| of this section, the county recorder shall keep six separate sets | 11630 |
| of records as follows: | 11631 |
| (1) A record of deeds, in which shall be recorded all deeds | 11632 |
| and other instruments of writing for the absolute and | 11633 |
| unconditional sale or conveyance of lands, tenements, and | 11634 |
| hereditaments; all notices as provided in sections 5301.47 to | 11635 |
| 5301.56 of the Revised Code; all judgments or decrees in actions | 11636 |
| brought under section 5303.01 of the Revised Code; all | 11637 |
| declarations and bylaws, and all amendments to declarations and | 11638 |
| bylaws, as provided in Chapter 5311. of the Revised Code; | 11639 |
| affidavits as provided in section 5301.252 of the Revised Code; | 11640 |
| all certificates as provided in section 5311.17 of the Revised | 11641 |
| Code; all articles dedicating archaeological preserves accepted by | 11642 |
| the director of the Ohio historical society under section 149.52 | 11643 |
| of the Revised Code; all articles dedicating nature preserves | 11644 |
| accepted by the director of natural resources under section | 11645 |
| 1517.05 of the Revised Code; all agreements for the registration | 11646 |
| of lands as archaeological or historic landmarks under section | 11647 |
| 149.51 or 149.55 of the Revised Code; all conveyances of | 11648 |
| conservation easements and agricultural easements under section | 11649 |
| 5301.68 of the Revised Code; all instruments extinguishing | 11650 |
| agricultural easements under section 901.21 or 5301.691 of the | 11651 |
| Revised Code or pursuant to terms of such an easement granted to a | 11652 |
| charitable organization under section 5301.68 of the Revised Code; | 11653 |
| all instruments or orders described in division (B)(1)(c)(ii) of | 11654 |
| section 5301.56 of the Revised Code; all no further action letters | 11655 |
| issued under section 122.654 or 3746.11 of the Revised Code; all | 11656 |
| covenants not to sue issued under section 3746.12 of the Revised | 11657 |
| Code, including all covenants not to sue issued pursuant to | 11658 |
| section 122.654 of the Revised Code; any restrictions on the use | 11659 |
| of property contained in a no further action letter issued under | 11660 |
| section 122.654 of the Revised Code, any restrictions on the use | 11661 |
| of property identified pursuant to division (C)(3)(a) of section | 11662 |
| 3746.10 of the Revised Code, and any restrictions on the use of | 11663 |
| property contained in a deed or other instrument as provided in | 11664 |
| division (E) or (F) of section 3737.882 of the Revised Code; any | 11665 |
| easement executed or granted under section 3734.22, 3734.24, | 11666 |
| 3734.25, or 3734.26 of the Revised Code; any environmental | 11667 |
| covenant entered into in accordance with sections 5301.80 to | 11668 |
| 5301.92 of the Revised Code; all memoranda of trust, as described | 11669 |
| in division (A) of section 5301.255 of the Revised Code, that | 11670 |
| describe specific real property; and all agreements entered into | 11671 |
| under division (A) of section 1521.26 of the Revised Code; | 11672 |
| (2) A record of mortgages, in which shall be recorded all of | 11673 |
| the following: | 11674 |
| (a) All mortgages, including amendments, supplements, | 11675 |
| modifications, and extensions of mortgages, or other instruments | 11676 |
| of writing by which lands, tenements, or hereditaments are or may | 11677 |
| be mortgaged or otherwise conditionally sold, conveyed, affected, | 11678 |
| or encumbered; | 11679 |
| (b) All executory installment contracts for the sale of land | 11680 |
| executed after September 29, 1961, that by their terms are not | 11681 |
| required to be fully performed by one or more of the parties to | 11682 |
| them within one year of the date of the contracts; | 11683 |
| (c) All options to purchase real estate, including | 11684 |
| supplements, modifications, and amendments of the options, but no | 11685 |
| option of that nature shall be recorded if it does not state a | 11686 |
| specific day and year of expiration of its validity; | 11687 |
| (d) Any tax certificate sold under section 5721.33 of the | 11688 |
| Revised Code, or memorandum of it, that is presented for filing of | 11689 |
| record. | 11690 |
| (3) A record of powers of attorney, including all memoranda | 11691 |
| of trust, as described in division (A) of section 5301.255 of the | 11692 |
| Revised Code, that do not describe specific real property; | 11693 |
| (4) A record of plats, in which shall be recorded all plats | 11694 |
| and maps of town lots, of the subdivision of town lots, and of | 11695 |
| other divisions or surveys of lands, any center line survey of a | 11696 |
| highway located within the county, the plat of which shall be | 11697 |
| furnished by the director of transportation or county engineer, | 11698 |
| and all drawings and amendments to drawings, as provided in | 11699 |
| Chapter 5311. of the Revised Code; | 11700 |
| (5) A record of leases, in which shall be recorded all | 11701 |
| leases, memoranda of leases, and supplements, modifications, and | 11702 |
| amendments of leases and memoranda of leases; | 11703 |
| (6) A record of declarations executed pursuant to section | 11704 |
| 2133.02 of the Revised Code and durable powers of attorney for | 11705 |
| health care executed pursuant to section 1337.12 of the Revised | 11706 |
| Code. | 11707 |
| (B) All instruments or memoranda of instruments entitled to | 11708 |
| record shall be recorded in the proper record in the order in | 11709 |
| which they are presented for record. The recorder may index, keep, | 11710 |
| and record in one volume unemployment compensation liens, internal | 11711 |
| revenue tax liens and other liens in favor of the United States as | 11712 |
| described in division (A) of section 317.09 of the Revised Code, | 11713 |
| personal tax liens, mechanic's liens, agricultural product liens, | 11714 |
| notices of liens, certificates of satisfaction or partial release | 11715 |
| of estate tax liens, discharges of recognizances, excise and | 11716 |
| franchise tax liens on corporations, broker's liens, and liens | 11717 |
|
provided for in sections 1513.33, 1513.37, 3752.13,
| 11718 |
| 5111.022, and 5311.18 of the Revised Code. | 11719 |
| The recording of an option to purchase real estate, including | 11720 |
| any supplement, modification, and amendment of the option, under | 11721 |
| this section shall serve as notice to any purchaser of an interest | 11722 |
| in the real estate covered by the option only during the period of | 11723 |
| the validity of the option as stated in the option. | 11724 |
| (C) In lieu of keeping the six separate sets of records | 11725 |
| required in divisions (A)(1) to (6) of this section and the | 11726 |
| records required in division (D) of this section, a county | 11727 |
| recorder may record all the instruments required to be recorded by | 11728 |
| this section in two separate sets of record books. One set shall | 11729 |
| be called the "official records" and shall contain the instruments | 11730 |
| listed in divisions (A)(1), (2), (3), (5), and (6) and (D) of this | 11731 |
| section. The second set of records shall contain the instruments | 11732 |
| listed in division (A)(4) of this section. | 11733 |
| (D) Except as provided in division (C) of this section, the | 11734 |
| county recorder shall keep a separate set of records containing | 11735 |
| all corrupt activity lien notices filed with the recorder pursuant | 11736 |
| to section 2923.36 of the Revised Code and a separate set of | 11737 |
| records containing all medicaid fraud lien notices filed with the | 11738 |
| recorder pursuant to section 2933.75 of the Revised Code. | 11739 |
| Sec. 317.36. (A) The county recorder shall collect the low- | 11740 |
| and moderate-income housing trust fund fee as specified in | 11741 |
| sections 317.32, 1563.42, 1702.59, 2505.13, 4141.23, 4509.60, | 11742 |
| 11743 | |
| 6101.09, and 6115.09 of the Revised Code. The amount of any | 11744 |
| housing trust fund fee the recorder is authorized to collect is | 11745 |
| equal to the amount of any base fee the recorder is authorized to | 11746 |
| collect for services. The housing trust fund fee shall be | 11747 |
| collected in addition to the base fee. | 11748 |
| (B) The recorder shall certify the amounts collected as | 11749 |
| housing trust fund fees pursuant to division (A) of this section | 11750 |
| into the county treasury as housing trust fund fees to be paid to | 11751 |
| the treasurer of state pursuant to section 319.63 of the Revised | 11752 |
| Code. | 11753 |
| Sec. 319.20. After complying with sections 319.202, 315.251, | 11754 |
| and 319.203 of the Revised Code, and on application and | 11755 |
| presentation of title, with the affidavits required by law, or the | 11756 |
| proper order of a court, bearing the last known address of the | 11757 |
| grantee, or of any one of the grantees named in the title, and a | 11758 |
| reference to the volume and page of the recording of the next | 11759 |
| preceding recorded instrument by or through which the grantor | 11760 |
| claims title, the county auditor shall transfer any land or town | 11761 |
| lot or part thereof, minerals therein, or mineral rights thereto, | 11762 |
| charged with taxes on the tax list, from the name in which it | 11763 |
| stands into the name of the owner, when rendered necessary by a | 11764 |
| conveyance, partition, devise, descent, or otherwise. If by reason | 11765 |
| of the conveyance or otherwise, a part only of a tract or lot, | 11766 |
| minerals therein, or mineral rights thereto, as charged in the tax | 11767 |
| list, is to be transferred, the auditor shall determine the tax | 11768 |
| value of the part of a tract or lot of real estate, minerals | 11769 |
| therein, or mineral rights thereto, so transferred, and the value | 11770 |
| of the remaining part compared with the value of the whole. | 11771 |
| Whenever a part only of a tract or lot of real estate has | 11772 |
|
been transferred by the auditor and | 11773 |
| unpaid taxes, penalties, interest, or special assessments, the | 11774 |
| unpaid taxes, penalties, interest, or special assessments shall | 11775 |
| immediately be apportioned, upon demand or request by the | 11776 |
| transferee or remaining owner, in the following manner: | 11777 |
| (A) The auditor shall allocate to the part so transferred, | 11778 |
| and to the remaining part, amounts of any current or delinquent | 11779 |
| taxes, interest, or penalties that have accrued against the parcel | 11780 |
| as a whole, proportionate to their respective values. | 11781 |
| (B) The lien of taxes, penalties, interest, and special | 11782 |
| assessments, as levied against the original tract, shall extend to | 11783 |
| the part so transferred and the part remaining only to the extent | 11784 |
| of the amounts so allocated to the respective parts. | 11785 |
| This section does not change the total amount of taxes, | 11786 |
| special assessments, or other charges as originally levied, or the | 11787 |
| total amount of the balance due. The auditor shall certify such | 11788 |
| apportionments to the county treasurer. | 11789 |
| Whenever the state acquires an entire parcel or a part only | 11790 |
| of a parcel of real property in fee simple, the county auditor, | 11791 |
| upon application of the grantor or property owner or the state, | 11792 |
| which application shall contain a description of the property as | 11793 |
| it appears on the tax list and the date of transfer of ownership, | 11794 |
|
shall prepare an estimate of the taxes that are a lien on | 11795 |
| property, but have not been determined, assessed, and levied for | 11796 |
| the year in which the property was acquired. The county auditor | 11797 |
|
shall thereupon apportion | 11798 |
| between the grantor and the state for the period of the lien year | 11799 |
| that each had or shall have had ownership or possession of the | 11800 |
| property, whichever is earlier. The county treasurer shall accept | 11801 |
| payment from the state for estimated taxes at the time that the | 11802 |
| real property is acquired. If the state has paid in full in the | 11803 |
| year in which the property is acquired that proportion of the | 11804 |
| estimated taxes that the tax commissioner determines are not | 11805 |
| subject to remission by the county auditor for such year under | 11806 |
| division (C) of section 5713.08 of the Revised Code, the estimated | 11807 |
| taxes paid shall be considered the tax liability on the exempted | 11808 |
| property for that year. | 11809 |
| Section 319.42 of the Revised Code applies to the | 11810 |
| apportionment of special assessments. | 11811 |
| Complaint against such values as determined by the auditor or | 11812 |
| the allocation of assessments by the certifying authority may be | 11813 |
| filed by the transferee or the remaining owner, and if filed, | 11814 |
| proceedings including appeals shall be had in the manner and | 11815 |
| within the time provided by sections 5717.01 to 5717.06 and | 11816 |
| 5715.19 to 5715.22 of the Revised Code, for complaints against | 11817 |
| valuation or assessment of real property. | 11818 |
| The auditor shall endorse on the deed or other evidences of | 11819 |
| title presented to the auditor that the proper transfer of the | 11820 |
| real
estate described in | 11821 |
| auditor's office or that it is not entered for taxation, and sign | 11822 |
| the auditor's name to | 11823 |
| or any one of the grantees, set forth in the deed or other | 11824 |
| evidences of title shall be entered by the auditor on the transfer | 11825 |
| sheets and on the general tax list of real property prepared | 11826 |
| pursuant to section 319.28 of the Revised Code. | 11827 |
| Sec. 319.302. (A)(1) Real property that is not intended | 11828 |
| primarily for use in a business activity shall qualify for a | 11829 |
| partial exemption from real property taxation. For purposes of | 11830 |
| this partial exemption, "business activity" includes all uses of | 11831 |
| real property, except farming; leasing property for farming; | 11832 |
| occupying or holding property improved with single-family, | 11833 |
| two-family, or three-family dwellings; leasing property improved | 11834 |
| with single-family, two-family, or three-family dwellings; or | 11835 |
| holding vacant land that the county auditor determines will be | 11836 |
| used for farming or to develop single-family, two-family, or | 11837 |
| three-family dwellings. For purposes of this partial exemption, | 11838 |
| "farming" does not include land used for the commercial production | 11839 |
| of timber that is receiving the tax benefit under section 5713.23 | 11840 |
| or 5713.31 of the Revised Code and all improvements connected with | 11841 |
| such commercial production of timber. | 11842 |
| (2) Each year, the county auditor shall review each parcel of | 11843 |
| real property to determine whether it qualifies for the partial | 11844 |
| exemption provided for by this section as of the first day of | 11845 |
| January of the current tax year. | 11846 |
| (B) After complying with section 319.301 of the Revised Code, | 11847 |
| the county auditor shall reduce the remaining sums to be levied | 11848 |
| against each parcel of real property that is listed on the general | 11849 |
| tax list and duplicate of real and public utility property for the | 11850 |
| current tax year and that qualifies for partial exemption under | 11851 |
| division (A) of this section, and against each manufactured and | 11852 |
| mobile home that is taxed pursuant to division (D)(2) of section | 11853 |
| 4503.06 of the Revised Code and that is on the manufactured home | 11854 |
| tax list for the current tax year, by ten per cent, to provide a | 11855 |
| partial exemption for that parcel or home. Except as otherwise | 11856 |
| provided in sections 323.152, 323.158, 505.06, and 715.263 of the | 11857 |
| Revised Code, the amount of the taxes remaining after any such | 11858 |
| reduction shall be the real and public utility property taxes | 11859 |
| charged and payable on each parcel of real property, including | 11860 |
| property that does not qualify for partial exemption under | 11861 |
| division (A) of this section, and the manufactured home tax | 11862 |
| charged and payable | 11863 |
| and shall be the amounts certified to the county treasurer for | 11864 |
| collection. Upon receipt of the tax duplicate, the treasurer shall | 11865 |
| certify to the tax commissioner the total amount by which taxes | 11866 |
| were reduced under this section, as shown on the duplicate. Such | 11867 |
| reduction shall not directly or indirectly affect the | 11868 |
| determination of the principal amount of notes that may be issued | 11869 |
| in anticipation of any tax levies or the amount of bonds or notes | 11870 |
| for any planned improvements. If after application of sections | 11871 |
| 5705.31 and 5705.32 of the Revised Code and other applicable | 11872 |
| provisions of law, including divisions (F) and (I) of section | 11873 |
| 321.24 of the Revised Code, there would be insufficient funds for | 11874 |
| payment of debt charges on bonds or notes payable from taxes | 11875 |
| reduced by this section, the reduction of taxes provided for in | 11876 |
| this section shall be adjusted to the extent necessary to provide | 11877 |
| funds from such taxes. | 11878 |
| (C) The tax commissioner may adopt rules governing the | 11879 |
| administration of the partial exemption provided for by this | 11880 |
| section. | 11881 |
| (D) The determination of whether property qualifies for | 11882 |
| partial exemption under division (A) of this section is solely for | 11883 |
| the purpose of allowing the partial exemption under division (B) | 11884 |
| of this section. | 11885 |
| Sec. 321.24. (A) On or before the fifteenth day of February, | 11886 |
| in each year, the county treasurer shall settle with the county | 11887 |
| auditor for all taxes and assessments that the treasurer has | 11888 |
| collected on the general duplicate of real and public utility | 11889 |
| property at the time of making the settlement. | 11890 |
| (B) On or before the thirtieth day of June, in each year, the | 11891 |
| treasurer shall settle with the auditor for all advance payments | 11892 |
| of general personal and classified property taxes that the | 11893 |
| treasurer has received at the time of making the settlement. | 11894 |
| (C) On or before the tenth day of August, in each year, the | 11895 |
| treasurer shall settle with the auditor for all taxes and | 11896 |
| assessments that the treasurer has collected on the general | 11897 |
| duplicates of real and public utility property at the time of | 11898 |
| making such settlement, not included in the preceding February | 11899 |
| settlement. | 11900 |
| (D) On or before the thirty-first day of October, in each | 11901 |
| year, the treasurer shall settle with the auditor for all taxes | 11902 |
| that the treasurer has collected on the general personal and | 11903 |
| classified property duplicates, and for all advance payments of | 11904 |
| general personal and classified property taxes, not included in | 11905 |
| the preceding June settlement, that the treasurer has received at | 11906 |
| the time of making such settlement. | 11907 |
| (E) In the event the time for the payment of taxes is | 11908 |
| extended, pursuant to section 323.17 of the Revised Code, the date | 11909 |
| on or before which settlement for the taxes so extended must be | 11910 |
| made, as herein prescribed, shall be deemed to be extended for a | 11911 |
| like period of time. At each such settlement, the auditor shall | 11912 |
| allow to the treasurer, on the moneys received or collected and | 11913 |
| accounted for by the treasurer, the treasurer's fees, at the rate | 11914 |
| or percentage allowed by law, at a full settlement of the | 11915 |
| treasurer. | 11916 |
| (F) Within thirty days after the day of each settlement of | 11917 |
| taxes required under divisions (A) and (C) of this section, the | 11918 |
| treasurer shall certify to the tax commissioner any adjustments | 11919 |
| 11920 | |
| pursuant to section 319.302 of the Revised Code and that the | 11921 |
| settlement has been completed. Upon receipt of such certification, | 11922 |
| the commissioner shall provide for payment to the county treasurer | 11923 |
| from the general revenue fund of an amount equal to one-half of | 11924 |
| the amount certified by the treasurer in the preceding tax year | 11925 |
| under section 319.302 of the Revised Code, less one-half of the | 11926 |
| amount computed for all taxing districts in that county for the | 11927 |
| current fiscal year under section 5703.80 of the Revised Code for | 11928 |
| crediting to the property tax administration fund. Such payment | 11929 |
| shall be credited upon receipt to the county's undivided income | 11930 |
| tax fund, and the county auditor shall transfer to the county | 11931 |
| general fund from the amount thereof the total amount of all fees | 11932 |
| and charges which the auditor and treasurer would have been | 11933 |
| authorized to receive had such section not been in effect and that | 11934 |
| amount had been levied and collected as taxes. The county auditor | 11935 |
| shall distribute the amount remaining among the various taxing | 11936 |
| districts in the county as if it had been levied, collected, and | 11937 |
| settled as real property taxes. The amount distributed to each | 11938 |
| taxing district shall be reduced by the total of the amounts | 11939 |
| computed for the district under | 11940 |
| section 5703.80 of the Revised Code, but the reduction shall not | 11941 |
| exceed the amount that otherwise would be distributed to the | 11942 |
| taxing district under this division. The tax commissioner shall | 11943 |
| make available to taxing districts such information as is | 11944 |
| sufficient for a taxing district to be able to determine the | 11945 |
| amount of the reduction in its distribution under this section. | 11946 |
| (G)(1) Within thirty days after the day of the settlement | 11947 |
| required in division (D) of this section, the county treasurer | 11948 |
| shall notify the tax commissioner that the settlement has been | 11949 |
| completed. Upon receipt of that notification, the commissioner | 11950 |
| shall provide for payment to the county treasurer from the general | 11951 |
| revenue fund of an amount equal to the amount certified under | 11952 |
| former section 319.311 of the Revised Code and paid in the state's | 11953 |
| fiscal year 2003 multiplied by the percentage specified in | 11954 |
| division (G)(2) of this section. The payment shall be credited | 11955 |
| upon receipt to the county's undivided income tax fund, and the | 11956 |
| county auditor shall distribute the amount thereof among the | 11957 |
| various taxing districts of the county as if it had been levied, | 11958 |
| collected, and settled as personal property taxes. The amount | 11959 |
| received by a taxing district under this division shall be | 11960 |
| apportioned among its funds in the same proportion as the current | 11961 |
| year's personal property taxes are apportioned. | 11962 |
| (2) Payments required under division (G)(1) of this section | 11963 |
| shall be made at the following percentages of the amount certified | 11964 |
| under former section 319.311 of the Revised Code and paid under | 11965 |
| division (G)(1) of this section in the state's fiscal year 2003: | 11966 |
| (a) In fiscal year 2004, ninety per cent; | 11967 |
| (b) In fiscal year 2005, eighty per cent; | 11968 |
| (c) In fiscal year 2006, | 11969 |
| (d) In fiscal year 2007, | 11970 |
| (e) In fiscal year 2008, | 11971 |
| (f) In fiscal year 2009, | 11972 |
| | 11973 |
| | 11974 |
| | 11975 |
| After fiscal year | 11976 |
| division (G)(1) of this section. | 11977 |
| (H)(1) On or before the fifteenth day of April each year, the | 11978 |
| county treasurer shall settle with the county auditor for all | 11979 |
| manufactured home taxes that the county treasurer has collected on | 11980 |
| the manufactured home tax duplicate at the time of making the | 11981 |
| settlement. | 11982 |
| (2) On or before the fifteenth day of September each year, | 11983 |
| the county treasurer shall settle with the county auditor for all | 11984 |
| remaining manufactured home taxes that the county treasurer has | 11985 |
| collected on the manufactured home tax duplicate at the time of | 11986 |
| making the settlement. | 11987 |
| (3) If the time for payment of such taxes is extended under | 11988 |
| section 4503.06 of the Revised Code, the time for making the | 11989 |
| settlement as prescribed by divisions (H)(1) and (2) of this | 11990 |
| section is extended for a like period of time. | 11991 |
| (I) Within thirty days after the day of each settlement of | 11992 |
| taxes required under division (H) of this section, the county | 11993 |
| treasurer shall certify to the tax commissioner any adjustments | 11994 |
| that have been made to the amount certified previously pursuant to | 11995 |
| section 319.302 of the Revised Code and that the settlement has | 11996 |
| been completed. Upon receipt of such certification, the | 11997 |
| commissioner shall provide for payment to the county treasurer | 11998 |
| from the general revenue fund of an amount equal to one-half of | 11999 |
| the amount certified by the treasurer in the current tax year | 12000 |
| under section 319.302 of the Revised Code. Such payment shall be | 12001 |
| credited upon receipt to the county's undivided income tax fund, | 12002 |
| and the county auditor shall transfer to the county general fund | 12003 |
| from the amount thereof the total amount of all fees and charges | 12004 |
| that the auditor and treasurer would have been authorized to | 12005 |
| receive had such section not been in effect and that amount had | 12006 |
| been levied and collected as taxes. The county auditor shall | 12007 |
| distribute the amount remaining among the various taxing districts | 12008 |
| in the county as if it had been levied, collected, and settled as | 12009 |
| manufactured home taxes. | 12010 |
| Sec. 323.01. Except as otherwise provided, as used in | 12011 |
| Chapter 323. of the Revised Code: | 12012 |
| (A) "Subdivision" means any county, township, school | 12013 |
| district, or municipal corporation. | 12014 |
| (B) "Municipal corporation" includes charter municipalities. | 12015 |
| (C) "Taxes" means the total amount of all charges against an | 12016 |
| entry appearing on a tax list and the duplicate thereof that was | 12017 |
| prepared and certified in accordance with section 319.28 of the | 12018 |
| Revised Code, including taxes levied against real estate; taxes on | 12019 |
| property whose value is certified pursuant to section 5727.23 of | 12020 |
| the Revised Code; recoupment charges applied pursuant to section | 12021 |
| 5713.35 of the Revised Code; all assessments; penalties and | 12022 |
| interest charged pursuant to section 323.121 of the Revised Code; | 12023 |
| charges added pursuant to section 319.35 of the Revised Code; and | 12024 |
| all of such charges which remain unpaid from any previous tax | 12025 |
| year. | 12026 |
| (D) "Current taxes" means all taxes charged against an entry | 12027 |
| on the general tax list and duplicate of real and public utility | 12028 |
| property that have not appeared on such list and duplicate for any | 12029 |
| prior tax year and any penalty thereon charged by division (A) of | 12030 |
| section 323.121 of the Revised Code. Current taxes, whether or not | 12031 |
| they have been certified delinquent, become delinquent taxes if | 12032 |
| they remain unpaid after the last day prescribed for payment of | 12033 |
| the second installment of current taxes without penalty. | 12034 |
| (E) "Delinquent taxes" means: | 12035 |
| (1) Any taxes charged against an entry on the general tax | 12036 |
| list and duplicate of real and public utility property that were | 12037 |
| charged against an entry on such list and duplicate for a prior | 12038 |
| tax year and any penalties and interest charged against such | 12039 |
| taxes. | 12040 |
| (2) Any current taxes charged on the general tax list and | 12041 |
| duplicate of real and public utility property that remain unpaid | 12042 |
| after the last day prescribed for payment of the second | 12043 |
| installment of such taxes without penalty, whether or not they | 12044 |
| have been certified delinquent, and any penalties and interest | 12045 |
| charged against such taxes. | 12046 |
| (F) "Current tax year" means, with respect to particular | 12047 |
| taxes, the calendar year in which the first installment of taxes | 12048 |
| is due prior to any extension granted under section 323.17 of the | 12049 |
| Revised Code. | 12050 |
| (G) "Liquidated claim" means: | 12051 |
| (1) Any sum of money due and payable, upon a written | 12052 |
| contractual obligation executed between the subdivision and the | 12053 |
| taxpayer, but excluding any amount due on general and special | 12054 |
| assessment bonds and notes; | 12055 |
| (2) Any sum of money due and payable, for disability | 12056 |
| financial assistance | 12057 |
| under Chapter 5115. of the Revised Code that is furnished to or in | 12058 |
| behalf of a subdivision, provided that such claim is recognized by | 12059 |
| a resolution or ordinance of the legislative body of such | 12060 |
| subdivision; | 12061 |
| (3) Any sum of money advanced and paid to or received and | 12062 |
| used by a subdivision, pursuant to a resolution or ordinance of | 12063 |
| such subdivision or its predecessor in interest, and the moral | 12064 |
| obligation to repay which sum, when in funds, shall be recognized | 12065 |
| by resolution or ordinance by the subdivision. | 12066 |
| Sec. 323.152. In addition to the reduction in taxes required | 12067 |
| under section 319.302 of the Revised Code, taxes shall be reduced | 12068 |
| as provided in divisions (A) and (B) of this section. | 12069 |
| (A)(1) Division (A) of this section applies to any of the | 12070 |
| following: | 12071 |
| (a) A person who is permanently and totally disabled; | 12072 |
| (b) A person who is sixty-five years of age or older; | 12073 |
| (c) A person who is the surviving spouse of a deceased person | 12074 |
| who was permanently and totally disabled or sixty-five years of | 12075 |
| age or older and who applied and qualified for a reduction in | 12076 |
| taxes under this division in the year of death, provided the | 12077 |
| surviving spouse is at least fifty-nine but not sixty-five or more | 12078 |
| years of age on the date the deceased spouse dies. | 12079 |
| (2) Real property taxes on a homestead owned and occupied, or | 12080 |
| a homestead in a housing cooperative occupied, by a person to whom | 12081 |
| division (A) of this section applies shall be reduced for each | 12082 |
| year for which the owner obtains a certificate of reduction from | 12083 |
| the county auditor under section 323.154 of the Revised Code or | 12084 |
| for which the occupant obtains a certificate of reduction in | 12085 |
| accordance with section 323.159 of the Revised Code. The reduction | 12086 |
| shall equal the amount obtained by multiplying the tax rate for | 12087 |
| the tax year for which the certificate is issued by the reduction | 12088 |
| in taxable value shown in the following schedule: | 12089 |
| Reduce Taxable Value | 12090 | |||
| Total Income | by the Lesser of: | 12091 |
| $11,900 or less | $5,000 or seventy-five per cent | 12092 | ||
| More than $11,900 but not more than $17,500 | $3,000 or sixty per cent | 12093 | ||
| More than $17,500 but not more than $23,000 | $1,000 or twenty-five per cent | 12094 | ||
| More than $23,000 | -0- | 12095 |
| (3) Each calendar year, the tax commissioner shall adjust the | 12096 |
| foregoing schedule by completing the following calculations in | 12097 |
| September of each year: | 12098 |
| (a) Determine the percentage increase in the gross domestic | 12099 |
| product deflator determined by the bureau of economic analysis of | 12100 |
| the United States department of commerce from the first day of | 12101 |
| January of the preceding calendar year to the last day of December | 12102 |
| of the preceding calendar year; | 12103 |
| (b) Multiply that percentage increase by each of the total | 12104 |
| income amounts, and by each dollar amount by which taxable value | 12105 |
| is reduced, for the current tax year; | 12106 |
| (c) Add the resulting product to each of the total income | 12107 |
| amounts, and to each of the dollar amounts by which taxable value | 12108 |
| is reduced, for the current tax year; | 12109 |
| (d)(i) Except as provided in division (A)(3)(d)(ii) of this | 12110 |
| section, round the resulting sum to the nearest multiple of one | 12111 |
| hundred dollars; | 12112 |
| (ii) If rounding the resulting sum to the nearest multiple of | 12113 |
| one hundred dollars under division (A)(3)(d)(i) of this section | 12114 |
| does not increase the dollar amounts by which taxable value is | 12115 |
| reduced, the resulting sum instead shall be rounded to the nearest | 12116 |
| multiple of ten dollars. | 12117 |
| The commissioner shall certify the amounts resulting from the | 12118 |
| adjustment to each county auditor not later than the first day of | 12119 |
| December each year. The certified amounts apply to the following | 12120 |
| tax year. The commissioner shall not make the adjustment in any | 12121 |
| calendar year in which the amounts resulting from the adjustment | 12122 |
| would be less than the total income amounts, or less than the | 12123 |
| dollar amounts by which taxable value is reduced, for the current | 12124 |
| tax year. | 12125 |
| (B) | 12126 |
| on any homestead, and manufactured home taxes on any manufactured | 12127 |
| or mobile home on which a manufactured home tax is assessed | 12128 |
| pursuant to division (D)(2) of section 4503.06 of the Revised | 12129 |
| Code, shall be reduced for each year for which the owner obtains a | 12130 |
| certificate of reduction from the county auditor under section | 12131 |
| 323.154 of the Revised Code. The amount of the reduction shall | 12132 |
| equal | 12133 |
| 12134 | |
| the
manufactured or mobile home | 12135 |
| after applying
section | 12136 |
| (C) The reductions granted by this section do not apply to | 12137 |
| special assessments or respread of assessments levied against the | 12138 |
| homestead, and if there is a transfer of ownership subsequent to | 12139 |
| the filing of an application for a reduction in taxes, such | 12140 |
| reductions are not forfeited for such year by virtue of such | 12141 |
| transfer. | 12142 |
| (D) The reductions in taxable value referred to in this | 12143 |
| section shall be applied solely as a factor for the purpose of | 12144 |
| computing the reduction of taxes under this section and shall not | 12145 |
| affect the total value of property in any subdivision or taxing | 12146 |
| district as listed and assessed for taxation on the tax lists and | 12147 |
| duplicates, or any direct or indirect limitations on indebtedness | 12148 |
| of a subdivision or taxing district. If after application of | 12149 |
| sections 5705.31 and 5705.32 of the Revised Code, including the | 12150 |
| allocation of all levies within the ten-mill limitation to debt | 12151 |
| charges to the extent therein provided, there would be | 12152 |
| insufficient funds for payment of debt charges not provided for by | 12153 |
| levies in excess of the ten-mill limitation, the reduction of | 12154 |
| taxes provided for in sections 323.151 to 323.159 of the Revised | 12155 |
| Code shall be proportionately adjusted to the extent necessary to | 12156 |
| provide such funds from levies within the ten-mill limitation. | 12157 |
| (E) No reduction shall be made on the taxes due on the | 12158 |
| homestead of any person convicted of violating division (C) or (D) | 12159 |
| of section 323.153 of the Revised Code for a period of three years | 12160 |
| following the conviction. | 12161 |
| Sec. 325.31. (A) On the first business day of each month, | 12162 |
| and at the end of the officer's term of office, each officer named | 12163 |
| in section 325.27 of the Revised Code shall pay into the county | 12164 |
| treasury, to the credit of the general county fund, on the warrant | 12165 |
| of the county auditor, all fees, costs, penalties, percentages, | 12166 |
| allowances, and perquisites collected by the officer's office | 12167 |
| during the preceding month or part thereof for official services, | 12168 |
| except the fees allowed the county auditor by division (B) of | 12169 |
| section 319.54 of the Revised Code, which shall be paid into the | 12170 |
| county treasury to the credit of the real estate assessment fund | 12171 |
| hereby created. | 12172 |
| (B) Moneys to the credit of the real estate assessment fund | 12173 |
| may be expended, upon appropriation by the board of county | 12174 |
| commissioners, for the purpose of defraying one or more of the | 12175 |
| following: | 12176 |
| (1) The cost incurred by the county auditor in assessing real | 12177 |
| estate pursuant to Chapter 5713. of the Revised Code and | 12178 |
| manufactured and mobile homes pursuant to Chapter 4503. of the | 12179 |
| Revised Code; | 12180 |
| (2) At the county auditor's discretion, costs and expenses | 12181 |
| incurred by the county auditor in preparing the list of real and | 12182 |
| public utility property, in administering laws related to the | 12183 |
| taxation of real property and the levying of special assessments | 12184 |
| on real property, including administering reductions under | 12185 |
| Chapters 319. and 323. and section 4503.065 of the Revised Code, | 12186 |
| and to support assessments of real property in any administrative | 12187 |
| or judicial proceeding; | 12188 |
| (3) At the county auditor's discretion, the expenses incurred | 12189 |
| by the county board of revision under Chapter 5715. of the Revised | 12190 |
| Code; | 12191 |
| (4) At the county auditor's discretion, the expenses incurred | 12192 |
| by the county auditor for geographic information systems, mapping | 12193 |
| programs, and technological advances in those or similar systems | 12194 |
| or programs; | 12195 |
| (5) At the county auditor's discretion, expenses incurred by | 12196 |
| the county auditor in compiling the general tax list of tangible | 12197 |
| personal property and administering tangible personal property | 12198 |
| taxes under Chapters 5711. and 5719. of the Revised Code; | 12199 |
| (6) At the county auditor's discretion, costs, expenses, and | 12200 |
| fees incurred by the county auditor in the administration of | 12201 |
| estate taxes under Chapter 5731. of the Revised Code and the | 12202 |
| amounts incurred under section 5731.41 of the Revised Code. | 12203 |
| Any expenditures made from the real estate assessment fund | 12204 |
| shall comply with rules that the tax commissioner adopts under | 12205 |
| division (O) of section 5703.05 of the Revised Code. Those rules | 12206 |
| shall include a requirement that a copy of any appraisal plans, | 12207 |
| progress of work reports, contracts, or other documents required | 12208 |
| to be filed with the tax commissioner shall be filed also with the | 12209 |
| board of county commissioners. | 12210 |
| The board of county commissioners shall not transfer moneys | 12211 |
| required to be deposited in the real estate assessment fund to any | 12212 |
| other fund. Following an assessment of real property pursuant to | 12213 |
| Chapter 5713. of the Revised Code, or an assessment of a | 12214 |
| manufactured or mobile home pursuant to Chapter 4503. of the | 12215 |
| Revised Code, any moneys not expended for the purpose of defraying | 12216 |
| the cost incurred in assessing real estate or manufactured or | 12217 |
| mobile homes or for the purpose of defraying the expenses | 12218 |
| described in divisions (B)(2), (3), (4), (5), and (6) of this | 12219 |
| section, and thereby remaining to the credit of the real estate | 12220 |
| assessment fund, shall be apportioned ratably and distributed to | 12221 |
| those taxing authorities that contributed to the fund. However, no | 12222 |
| such distribution shall be made if the amount of such unexpended | 12223 |
| moneys remaining to the credit of the real estate assessment fund | 12224 |
| does not exceed five thousand dollars. | 12225 |
| (C) None of the officers named in section 325.27 of the | 12226 |
| Revised Code shall collect any fees from the county. Each of such | 12227 |
| officers shall, at the end of each calendar year, make and file a | 12228 |
| sworn statement with the board of county commissioners of all such | 12229 |
| fees, costs, penalties, percentages, allowances, and perquisites | 12230 |
| which have been due in the officer's office and unpaid for more | 12231 |
| than one year prior to the date such statement is required to be | 12232 |
| made. | 12233 |
| Sec. 329.04. (A) The county department of job and family | 12234 |
| services shall have, exercise, and perform the following powers | 12235 |
| and duties: | 12236 |
| (1) Perform any duties assigned by the state department of | 12237 |
| job and family services regarding the provision of public family | 12238 |
| services, including the provision of the following services to | 12239 |
| prevent or reduce economic or personal dependency and to | 12240 |
| strengthen family life: | 12241 |
| (a) Services authorized by a Title IV-A program, as defined | 12242 |
| in section 5101.80 of the Revised Code; | 12243 |
| (b) Social services authorized by Title XX of the "Social | 12244 |
| Security Act" and provided for by section 5101.46 or 5101.461 of | 12245 |
| the Revised Code; | 12246 |
| (c) If the county department is designated as the child | 12247 |
| support enforcement agency, services authorized by Title IV-D of | 12248 |
| the "Social Security Act" and provided for by Chapter 3125. of the | 12249 |
| Revised Code. The county department may perform the services | 12250 |
| itself or contract with other government entities, and, pursuant | 12251 |
| to division (C) of section 2301.35 and section 2301.42 of the | 12252 |
| Revised Code, private entities, to perform the Title IV-D | 12253 |
| services. | 12254 |
| (d) Duties assigned under section 5111.98 of the Revised | 12255 |
| Code. | 12256 |
| (2) Administer disability financial assistance, as required | 12257 |
| by the state department of job and family services under section | 12258 |
| 5115.03 of the Revised Code; | 12259 |
| (3) | 12260 |
| 12261 | |
| 12262 |
| | 12263 |
| burials was, prior to September 12, 1947, imposed upon the board | 12264 |
| of county commissioners and if otherwise required by state law; | 12265 |
| | 12266 |
| matter relating to family services and to act as the agent of such | 12267 |
| authorities; | 12268 |
| | 12269 |
| the board of county commissioners and to the state department of | 12270 |
| job and family services at the close of each fiscal year; | 12271 |
| | 12272 |
| services duties or workforce development activities imposed upon | 12273 |
| the county department of job and family services by law, by | 12274 |
| resolution of the board of county commissioners, or by order of | 12275 |
| the governor, when authorized by law, to meet emergencies during | 12276 |
| war or peace; | 12277 |
| | 12278 |
| recipients of aid under Title XVI of the "Social Security Act"; | 12279 |
| | 12280 |
| services under section 5101.515 of the Revised Code, determine | 12281 |
| applicants' eligibility for health assistance under the children's | 12282 |
| health insurance program part II; | 12283 |
| | 12284 |
| county commissioners under section 307.983, consult with the board | 12285 |
| in the development of the transportation work plan developed under | 12286 |
| section 307.985, establish with the board procedures under section | 12287 |
| 307.986 for providing services to children whose families relocate | 12288 |
| frequently, and comply with the contracts the board enters into | 12289 |
| under sections 307.981 and 307.982 of the Revised Code that affect | 12290 |
| the county department; | 12291 |
| | 12292 |
| the board of county commissioners enters into under section 307.98 | 12293 |
| of the Revised Code, exercise the powers and perform the duties | 12294 |
| the fiscal agreement assigns to the county department; | 12295 |
| | 12296 |
| workforce development agency, provide the workforce development | 12297 |
| activities specified in the contract required by section 330.05 of | 12298 |
| the Revised Code. | 12299 |
| (B) The powers and duties of a county department of job and | 12300 |
| family services are, and shall be exercised and performed, under | 12301 |
| the control and direction of the board of county commissioners. | 12302 |
| The board may assign to the county department any power or duty of | 12303 |
| the board regarding family services duties and workforce | 12304 |
| development activities. If the new power or duty necessitates the | 12305 |
| state department of job and family services changing its federal | 12306 |
| cost allocation plan, the county department may not implement the | 12307 |
| power or duty unless the United States department of health and | 12308 |
| human services approves the changes. | 12309 |
| Sec. 329.051. The county department of job and family | 12310 |
| services shall make voter registration applications as prescribed | 12311 |
| by the secretary of state under section 3503.10 of the Revised | 12312 |
| Code available to persons who are applying for, receiving | 12313 |
| assistance from, or participating in any of the following: | 12314 |
| (A) The disability financial assistance program established | 12315 |
| under Chapter 5115. of the Revised Code; | 12316 |
| (B) | 12317 |
| 12318 |
| | 12319 |
| 5111. of the Revised Code; | 12320 |
| | 12321 |
| 5107. of the Revised Code; | 12322 |
| | 12323 |
| established under Chapter 5108. of the Revised Code. | 12324 |
| Sec. 339.72. (A) Each board of county commissioners shall | 12325 |
| provide for the county to be served by a tuberculosis control unit | 12326 |
| by designating a county tuberculosis control unit or by entering | 12327 |
| into an agreement with one or more boards of county commissioners | 12328 |
| of other counties under which the boards jointly designate a | 12329 |
| district tuberculosis control unit. The entity designated as the | 12330 |
| county or district tuberculosis control unit may be any of the | 12331 |
| following: | 12332 |
| (1) A communicable disease control program operated by a | 12333 |
| board of health of a city or general health district pursuant to | 12334 |
| section 3709.22 of the Revised Code; | 12335 |
| (2) | 12336 |
| 12337 |
| | 12338 |
| commissioners pursuant to section 339.76 of the Revised Code; | 12339 |
| | 12340 |
| under a contract with a board of county commissioners pursuant to | 12341 |
| section 339.75 of the Revised Code. | 12342 |
| (B) The entity designated under division (A) of this section | 12343 |
| as the tuberculosis control unit shall accept that designation and | 12344 |
| fulfill its duties as the tuberculosis control unit specified | 12345 |
| under sections 339.71 to 339.89 of the Revised Code. | 12346 |
| Sec. 339.88. The expenses incurred for detention under | 12347 |
| section 339.86 or 339.87 of the Revised Code shall be paid by the | 12348 |
| individual detained or if the individual is indigent, by the board | 12349 |
| of county commissioners of the county from which the individual | 12350 |
| was removed. | 12351 |
| 12352 | |
| 12353 | |
| 12354 |
| Sec. 340.03. (A) Subject to rules issued by the director of | 12355 |
| mental health after consultation with relevant constituencies as | 12356 |
| required by division (A)(11) of section 5119.06 of the Revised | 12357 |
| Code, with regard to mental health services, the board of alcohol, | 12358 |
| drug addiction, and mental health services shall: | 12359 |
| (1) Serve as the community mental health planning agency for | 12360 |
| the county or counties under its jurisdiction, and in so doing it | 12361 |
| shall: | 12362 |
| (a) Evaluate the need for facilities and community mental | 12363 |
| health services; | 12364 |
| (b) In cooperation with other local and regional planning and | 12365 |
| funding bodies and with relevant ethnic organizations, assess the | 12366 |
| community mental health needs, set priorities, and develop plans | 12367 |
| for the operation of facilities and community mental health | 12368 |
| services; | 12369 |
| (c) In accordance with guidelines issued by the director of | 12370 |
| mental health after consultation with board representatives, | 12371 |
| develop and submit to the department of mental health, no later | 12372 |
| than six months prior to the conclusion of the fiscal year in | 12373 |
| which the board's current plan is scheduled to expire, a community | 12374 |
| mental health plan listing community mental health needs, | 12375 |
| including the needs of all residents of the district now residing | 12376 |
| in state mental institutions and severely mentally disabled | 12377 |
| adults, children, and adolescents; all children subject to a | 12378 |
| determination made pursuant to section 121.38 of the Revised Code; | 12379 |
| and all the facilities and community mental health services that | 12380 |
| are or will be in operation or provided during the period for | 12381 |
| which the plan will be in operation in the service district to | 12382 |
| meet such needs. | 12383 |
| The plan shall include, but not be limited to, a statement of | 12384 |
| which of the services listed in section 340.09 of the Revised Code | 12385 |
| the board intends to provide or purchase, an explanation of how | 12386 |
| the board intends to make any payments that it may be required to | 12387 |
| pay under section 5119.62 of the Revised Code, a statement of the | 12388 |
| inpatient and community-based services the board proposes that the | 12389 |
| department operate, an assessment of the number and types of | 12390 |
| residential facilities needed, and such other information as the | 12391 |
| department requests, and a budget for moneys the board expects to | 12392 |
| receive. The board shall also submit an allocation request for | 12393 |
| state and federal funds. Within sixty days after the department's | 12394 |
| determination that the plan and allocation request are complete, | 12395 |
| the department shall approve or disapprove the plan and request, | 12396 |
| in whole or in part, according to the criteria developed pursuant | 12397 |
| to section 5119.61 of the Revised Code. The department's statement | 12398 |
| of approval or disapproval shall specify the inpatient and the | 12399 |
| community-based services that the department will operate for the | 12400 |
| board. Eligibility for financial support shall be contingent upon | 12401 |
| an approved plan or relevant part of a plan. | 12402 |
| If the director disapproves all or part of any plan, the | 12403 |
| director shall inform the board of the reasons for the disapproval | 12404 |
| and of the criteria that must be met before the plan may be | 12405 |
| approved. The director shall provide the board an opportunity to | 12406 |
| present its case on behalf of the plan. The director shall give | 12407 |
| the board a reasonable time in which to meet the criteria, and | 12408 |
| shall offer the board technical assistance to help it meet the | 12409 |
| criteria. | 12410 |
| If the approval of a plan remains in dispute thirty days | 12411 |
| prior to the conclusion of the fiscal year in which the board's | 12412 |
| current plan is scheduled to expire, the board or the director may | 12413 |
| request that the dispute be submitted to a mutually agreed upon | 12414 |
| third-party mediator with the cost to be shared by the board and | 12415 |
| the department. The mediator shall issue to the board and the | 12416 |
| department recommendations for resolution of the dispute. Prior to | 12417 |
| the conclusion of the fiscal year in which the current plan is | 12418 |
| scheduled to expire, the director, taking into consideration the | 12419 |
| recommendations of the mediator, shall make a final determination | 12420 |
| and approve or disapprove the plan, in whole or in part. | 12421 |
| If a board determines that it is necessary to amend a plan or | 12422 |
| an allocation request that has been approved under division | 12423 |
| (A)(1)(c) of this section, the board shall submit a proposed | 12424 |
| amendment to the director. The director may approve or disapprove | 12425 |
| all or part of the amendment. If the director does not approve all | 12426 |
| or part of the amendment within thirty days after it is submitted, | 12427 |
| the amendment or part of it shall be considered to have been | 12428 |
| approved. The director shall inform the board of the reasons for | 12429 |
| disapproval of all or part of an amendment and of the criteria | 12430 |
| that must be met before the amendment may be approved. The | 12431 |
| director shall provide the board an opportunity to present its | 12432 |
| case on behalf of the amendment. The director shall give the board | 12433 |
| a reasonable time in which to meet the criteria, and shall offer | 12434 |
| the board technical assistance to help it meet the criteria. | 12435 |
| The board shall implement the plan approved by the | 12436 |
| department. | 12437 |
| (d) Receive, compile, and transmit to the department of | 12438 |
| mental health applications for state reimbursement; | 12439 |
| (e) Promote, arrange, and implement working agreements with | 12440 |
| social agencies, both public and private, and with judicial | 12441 |
| agencies. | 12442 |
| (2) Investigate, or request another agency to investigate, | 12443 |
| any complaint alleging abuse or neglect of any person receiving | 12444 |
| services from a community mental health agency as defined in | 12445 |
| section 5122.01 of the Revised Code, or from a residential | 12446 |
| facility licensed under section 5119.22 of the Revised Code. If | 12447 |
| the investigation substantiates the charge of abuse or neglect, | 12448 |
| the board shall take whatever action it determines is necessary to | 12449 |
| correct the situation, including notification of the appropriate | 12450 |
| authorities. Upon request, the board shall provide information | 12451 |
| about such investigations to the department. | 12452 |
| (3) For the purpose of section 5119.611 of the Revised Code, | 12453 |
| cooperate with the director of mental health in visiting and | 12454 |
| evaluating whether the services of a community mental health | 12455 |
| agency satisfy the certification standards established by rules | 12456 |
| adopted under that section; | 12457 |
| (4) In accordance with criteria established under division | 12458 |
| (G) of section 5119.61 of the Revised Code, review and evaluate | 12459 |
| the quality, effectiveness, and efficiency of services provided | 12460 |
| through its community mental health plan and submit its findings | 12461 |
| and recommendations to the department of mental health; | 12462 |
| (5) In accordance with section 5119.22 of the Revised Code, | 12463 |
| review applications for residential facility licenses and | 12464 |
| recommend to the department of mental health approval or | 12465 |
| disapproval of applications; | 12466 |
| (6) Audit, in accordance with rules adopted by the auditor of | 12467 |
| state pursuant to section 117.20 of the Revised Code, at least | 12468 |
| annually all programs and services provided under contract with | 12469 |
| the board. In so doing, the board may contract for or employ the | 12470 |
| services of private auditors. A copy of the fiscal audit report | 12471 |
| shall be provided to the director of mental health, the auditor of | 12472 |
| state, and the county auditor of each county in the board's | 12473 |
| district. | 12474 |
| (7) Recruit and promote local financial support for mental | 12475 |
| health programs from private and public sources; | 12476 |
| (8)(a) Enter into contracts with public and private | 12477 |
| facilities for the operation of facility services included in the | 12478 |
| board's community mental health plan and enter into contracts with | 12479 |
| public and private community mental health agencies for the | 12480 |
| provision of community mental health services listed in section | 12481 |
| 340.09 of the Revised Code and included in the board's community | 12482 |
| mental health plan. Contracts with community mental health | 12483 |
| agencies are subject to section 5119.611 of the Revised Code. | 12484 |
| Section 307.86 of the Revised Code does not apply to contracts | 12485 |
| entered into under this division. In contracting with a community | 12486 |
| mental health agency, a board shall consider the cost | 12487 |
| effectiveness of services provided by that agency and the quality | 12488 |
| and continuity of care, and may review cost elements, including | 12489 |
| salary costs, of the services to be provided. A utilization review | 12490 |
| process shall be established as part of the contract for services | 12491 |
| entered into between a board and a community mental health agency. | 12492 |
| The board may establish this process in a way that is most | 12493 |
| effective and efficient in meeting local needs. In the case of a | 12494 |
| contract with a community mental health facility, as defined in | 12495 |
|
section | 12496 |
| listed in division (B) of that section, the contract shall provide | 12497 |
| for the facility to be paid in accordance with the contract | 12498 |
| entered into between the departments of job and family services | 12499 |
| and mental health under section 5111.91 of the Revised Code and | 12500 |
| any rules adopted under division (A) of section 5119.61 of the | 12501 |
| Revised Code. | 12502 |
| If either the board or a facility or community mental health | 12503 |
| agency with which the board contracts under division (A)(8)(a) of | 12504 |
| this section proposes not to renew the contract or proposes | 12505 |
| substantial changes in contract terms, the other party shall be | 12506 |
| given written notice at least one hundred twenty days before the | 12507 |
| expiration date of the contract. During the first sixty days of | 12508 |
| this one hundred twenty-day period, both parties shall attempt to | 12509 |
| resolve any dispute through good faith collaboration and | 12510 |
| negotiation in order to continue to provide services to persons in | 12511 |
| need. If the dispute has not been resolved sixty days before the | 12512 |
| expiration date of the contract, either party may notify the | 12513 |
| department of mental health of the unresolved dispute. The | 12514 |
| director may require both parties to submit the dispute to a third | 12515 |
| party with the cost to be shared by the board and the facility or | 12516 |
| community mental health agency. The third party shall issue to the | 12517 |
| board, the facility or agency, and the department recommendations | 12518 |
| on how the dispute may be resolved twenty days prior to the | 12519 |
| expiration date of the contract, unless both parties agree to a | 12520 |
| time extension. The director shall adopt rules establishing the | 12521 |
| procedures of this dispute resolution process. | 12522 |
| (b) With the prior approval of the director of mental health, | 12523 |
| a board may operate a facility or provide a community mental | 12524 |
| health service as follows, if there is no other qualified private | 12525 |
| or public facility or community mental health agency that is | 12526 |
| immediately available and willing to operate such a facility or | 12527 |
| provide the service: | 12528 |
| (i) In an emergency situation, any board may operate a | 12529 |
| facility or provide a community mental health service in order to | 12530 |
| provide essential services for the duration of the emergency; | 12531 |
| (ii) In a service district with a population of at least one | 12532 |
| hundred thousand but less than five hundred thousand, a board may | 12533 |
| operate a facility or provide a community mental health service | 12534 |
| for no longer than one year; | 12535 |
| (iii) In a service district with a population of less than | 12536 |
| one hundred thousand, a board may operate a facility or provide a | 12537 |
| community mental health service for no longer than one year, | 12538 |
| except that such a board may operate a facility or provide a | 12539 |
| community mental health service for more than one year with the | 12540 |
| prior approval of the director and the prior approval of the board | 12541 |
| of county commissioners, or of a majority of the boards of county | 12542 |
| commissioners if the district is a joint-county district. | 12543 |
| The director shall not give a board approval to operate a | 12544 |
| facility or provide a community mental health service under | 12545 |
| division (A)(8)(b)(ii) or (iii) of this section unless the | 12546 |
| director determines that it is not feasible to have the department | 12547 |
| operate the facility or provide the service. | 12548 |
| The director shall not give a board approval to operate a | 12549 |
| facility or provide a community mental health service under | 12550 |
| division (A)(8)(b)(iii) of this section unless the director | 12551 |
| determines that the board will provide greater administrative | 12552 |
| efficiency and more or better services than would be available if | 12553 |
| the board contracted with a private or public facility or | 12554 |
| community mental health agency. | 12555 |
| The director shall not give a board approval to operate a | 12556 |
| facility previously operated by a person or other government | 12557 |
| entity unless the board has established to the director's | 12558 |
| satisfaction that the person or other government entity cannot | 12559 |
| effectively operate the facility or that the person or other | 12560 |
| government entity has requested the board to take over operation | 12561 |
| of the facility. The director shall not give a board approval to | 12562 |
| provide a community mental health service previously provided by a | 12563 |
| community mental health agency unless the board has established to | 12564 |
| the director's satisfaction that the agency cannot effectively | 12565 |
| provide the service or that the agency has requested the board | 12566 |
| take over providing the service. | 12567 |
| The director shall review and evaluate a board's operation of | 12568 |
| a facility and provision of community mental health service under | 12569 |
| division (A)(8)(b) of this section. | 12570 |
| Nothing in division (A)(8)(b) of this section authorizes a | 12571 |
| board to administer or direct the daily operation of any facility | 12572 |
| or community mental health agency, but a facility or agency may | 12573 |
| contract with a board to receive administrative services or staff | 12574 |
| direction from the board under the direction of the governing body | 12575 |
| of the facility or agency. | 12576 |
| (9) Approve fee schedules and related charges or adopt a unit | 12577 |
| cost schedule or other methods of payment for contract services | 12578 |
| provided by community mental health agencies in accordance with | 12579 |
| guidelines issued by the department as necessary to comply with | 12580 |
| state and federal laws pertaining to financial assistance; | 12581 |
| (10) Submit to the director and the county commissioners of | 12582 |
| the county or counties served by the board, and make available to | 12583 |
| the public, an annual report of the programs under the | 12584 |
| jurisdiction of the board, including a fiscal accounting; | 12585 |
| (11) Establish, to the extent resources are available, a | 12586 |
| community support system, which provides for treatment, support, | 12587 |
| and rehabilitation services and opportunities. The essential | 12588 |
| elements of the system include, but are not limited to, the | 12589 |
| following components in accordance with section 5119.06 of the | 12590 |
| Revised Code: | 12591 |
| (a) To locate persons in need of mental health services to | 12592 |
| inform them of available services and benefits mechanisms; | 12593 |
| (b) Assistance for clients to obtain services necessary to | 12594 |
| meet basic human needs for food, clothing, shelter, medical care, | 12595 |
| personal safety, and income; | 12596 |
| (c) Mental health care, including, but not limited to, | 12597 |
| outpatient, partial hospitalization, and, where appropriate, | 12598 |
| inpatient care; | 12599 |
| (d) Emergency services and crisis intervention; | 12600 |
| (e) Assistance for clients to obtain vocational services and | 12601 |
| opportunities for jobs; | 12602 |
| (f) The provision of services designed to develop social, | 12603 |
| community, and personal living skills; | 12604 |
| (g) Access to a wide range of housing and the provision of | 12605 |
| residential treatment and support; | 12606 |
| (h) Support, assistance, consultation, and education for | 12607 |
| families, friends, consumers of mental health services, and | 12608 |
| others; | 12609 |
| (i) Recognition and encouragement of families, friends, | 12610 |
| neighborhood networks, especially networks that include racial and | 12611 |
| ethnic minorities, churches, community organizations, and | 12612 |
| meaningful employment as natural supports for consumers of mental | 12613 |
| health services; | 12614 |
| (j) Grievance procedures and protection of the rights of | 12615 |
| consumers of mental health services; | 12616 |
| (k) Case management, which includes continual individualized | 12617 |
| assistance and advocacy to ensure that needed services are offered | 12618 |
| and procured. | 12619 |
| (12) Designate the treatment program, agency, or facility for | 12620 |
| each person involuntarily committed to the board pursuant to | 12621 |
| Chapter 5122. of the Revised Code and authorize payment for such | 12622 |
| treatment. The board shall provide the least restrictive and most | 12623 |
| appropriate alternative that is available for any person | 12624 |
| involuntarily committed to it and shall assure that the services | 12625 |
| listed in section 340.09 of the Revised Code are available to | 12626 |
| severely mentally disabled persons residing within its service | 12627 |
| district. The board shall establish the procedure for authorizing | 12628 |
| payment for services, which may include prior authorization in | 12629 |
| appropriate circumstances. The board may provide for services | 12630 |
| directly to a severely mentally disabled person when life or | 12631 |
| safety is endangered and when no community mental health agency is | 12632 |
| available to provide the service. | 12633 |
| (13) Establish a method for evaluating referrals for | 12634 |
| involuntary commitment and affidavits filed pursuant to section | 12635 |
| 5122.11 of the Revised Code in order to assist the probate | 12636 |
| division of the court of common pleas in determining whether there | 12637 |
| is probable cause that a respondent is subject to involuntary | 12638 |
| hospitalization and what alternative treatment is available and | 12639 |
| appropriate, if any; | 12640 |
| (14) Ensure that apartments or rooms built, subsidized, | 12641 |
| renovated, rented, owned, or leased by the board or a community | 12642 |
| mental health agency have been approved as meeting minimum fire | 12643 |
| safety standards and that persons residing in the rooms or | 12644 |
| apartments are receiving appropriate and necessary services, | 12645 |
| including culturally relevant services, from a community mental | 12646 |
| health agency. This division does not apply to residential | 12647 |
| facilities licensed pursuant to section 5119.22 of the Revised | 12648 |
| Code. | 12649 |
| (15) Establish a mechanism for involvement of consumer | 12650 |
| recommendation and advice on matters pertaining to mental health | 12651 |
| services in the alcohol, drug addiction, and mental health service | 12652 |
| district; | 12653 |
| (16) Perform the duties under section 3722.18 of the Revised | 12654 |
| Code required by rules adopted under section 5119.61 of the | 12655 |
| Revised Code regarding referrals by the board or mental health | 12656 |
| agencies under contract with the board of individuals with mental | 12657 |
| illness or severe mental disability to adult care facilities and | 12658 |
| effective arrangements for ongoing mental health services for the | 12659 |
| individuals. The board is accountable in the manner specified in | 12660 |
| the rules for ensuring that the ongoing mental health services are | 12661 |
| effectively arranged for the individuals. | 12662 |
| (B) The board shall establish such rules, operating | 12663 |
| procedures, standards, and bylaws, and perform such other duties | 12664 |
| as may be necessary or proper to carry out the purposes of this | 12665 |
| chapter. | 12666 |
| (C) A board of alcohol, drug addiction, and mental health | 12667 |
| services may receive by gift, grant, devise, or bequest any | 12668 |
| moneys, lands, or property for the benefit of the purposes for | 12669 |
| which the board is established, and may hold and apply it | 12670 |
| according to the terms of the gift, grant, or bequest. All money | 12671 |
| received, including accrued interest, by gift, grant, or bequest | 12672 |
| shall be deposited in the treasury of the county, the treasurer of | 12673 |
| which is custodian of the alcohol, drug addiction, and mental | 12674 |
| health services funds to the credit of the board and shall be | 12675 |
| available for use by the board for purposes stated by the donor or | 12676 |
| grantor. | 12677 |
| (D) No board member or employee of a board of alcohol, drug | 12678 |
| addiction, and mental health services shall be liable for injury | 12679 |
| or damages caused by any action or inaction taken within the scope | 12680 |
| of the board member's official duties or the employee's | 12681 |
| employment, whether or not such action or inaction is expressly | 12682 |
| authorized by this section, section 340.033, or any other section | 12683 |
| of the Revised Code, unless such action or inaction constitutes | 12684 |
| willful or wanton misconduct. Chapter 2744. of the Revised Code | 12685 |
| applies to any action or inaction by a board member or employee of | 12686 |
| a board taken within the scope of the board member's official | 12687 |
| duties or employee's employment. For the purposes of this | 12688 |
| division, the conduct of a board member or employee shall not be | 12689 |
| considered willful or wanton misconduct if the board member or | 12690 |
| employee acted in good faith and in a manner that the board member | 12691 |
| or employee reasonably believed was in or was not opposed to the | 12692 |
| best interests of the board and, with respect to any criminal | 12693 |
| action or proceeding, had no reasonable cause to believe the | 12694 |
| conduct was unlawful. | 12695 |
| (E) The meetings held by any committee established by a board | 12696 |
| of alcohol, drug addiction, and mental health services shall be | 12697 |
| considered to be meetings of a public body subject to section | 12698 |
| 121.22 of the Revised Code. | 12699 |
| Sec. 340.16. Not later than ninety days after
| 12700 |
| 12701 | |
| health and the department of job and family services shall adopt | 12702 |
| rules that establish requirements and procedures for prior | 12703 |
| notification and service coordination between public children | 12704 |
| services agencies and boards of alcohol, drug addiction, and | 12705 |
| mental health services when a public children services agency | 12706 |
| refers a child in its custody to a board for services funded by | 12707 |
| the board. The rules shall be adopted in accordance with Chapter | 12708 |
| 119. of the Revised Code. | 12709 |
| The department of mental health and department of job and | 12710 |
| family services shall collaborate in formulating a plan that | 12711 |
| delineates the funding responsibilities of public children | 12712 |
| services agencies and boards of alcohol, drug addiction, and | 12713 |
| mental health services for services provided under section | 12714 |
| 12715 | |
| of public children services agencies. The departments shall | 12716 |
| complete the
plan not later than ninety days after
| 12717 |
| 12718 |
| Sec. 341.192. (A) As used in this section: | 12719 |
| (1) "Medical assistance program" has the same meaning as in | 12720 |
| section 2913.40 of the Revised Code. | 12721 |
| (2) "Medical provider" means a physician, hospital, | 12722 |
| laboratory, pharmacy, or other health care provider that is not | 12723 |
| employed by or under contract to a county or the department of | 12724 |
| rehabilitation and correction to provide medical services to | 12725 |
| persons confined in the county jail or a state correctional | 12726 |
| institution. | 12727 |
| (3) "Necessary care" means medical care of a nonelective | 12728 |
| nature that cannot be postponed until after the period of | 12729 |
| confinement of a person who is confined in a county jail or a | 12730 |
| state correctional institution or is in the custody of a law | 12731 |
| enforcement officer without endangering the life or health of the | 12732 |
| person. | 12733 |
| (B) If a physician employed by or under contract to a county | 12734 |
| or the department of rehabilitation and correction to provide | 12735 |
| medical services to persons confined in the county jail or state | 12736 |
| correctional institution determines that a person who is confined | 12737 |
| in the county jail or a state correctional institution or who is | 12738 |
| in the custody of a law enforcement officer prior to the person's | 12739 |
| confinement in the county jail or a state correctional institution | 12740 |
| requires necessary care that the physician cannot provide, the | 12741 |
| necessary care shall be provided by a medical provider. The county | 12742 |
| or the department of rehabilitation and correction shall pay a | 12743 |
| medical provider for necessary care an amount not exceeding the | 12744 |
| authorized reimbursement rate for the same service established by | 12745 |
| the department of job and family services under the medical | 12746 |
| assistance program. | 12747 |
| Sec. 351.01. As used in this chapter: | 12748 |
| (A) "Convention facilities authority" means a body corporate | 12749 |
| and politic created pursuant to section 351.02 of the Revised | 12750 |
| Code. | 12751 |
| (B) "Governmental agency" means a department, division, or | 12752 |
| other unit of the state government or of a municipal corporation, | 12753 |
| county, township, or other political subdivision of the state; any | 12754 |
| state university or college, as defined in section 3345.12 of the | 12755 |
| Revised Code, community college, state community college, | 12756 |
| university branch, or technical college; any other public | 12757 |
| corporation or agency having the power to acquire, construct, or | 12758 |
| operate facilities; the United States or any agency thereof; and | 12759 |
| any agency, commission, or authority established pursuant to an | 12760 |
| interstate compact or agreement. | 12761 |
| (C) "Person" means any individual, firm, partnership, | 12762 |
| association, or corporation, or any combination of them. | 12763 |
| (D) "Facility" or "facilities" means any convention, | 12764 |
| entertainment, or sports facility, or combination of them, located | 12765 |
| within the territory of the convention facilities authority, | 12766 |
| together with all parking facilities, walkways, and other | 12767 |
| auxiliary facilities, real and personal property, property rights, | 12768 |
| easements and interests that may be appropriate for, or used in | 12769 |
| connection with, the operation of the facility. | 12770 |
| (E) "Cost" means the cost of acquisition of all land, | 12771 |
| rights-of-way, property rights, easements, franchise rights, and | 12772 |
| interests required for such acquisition; the cost of demolishing | 12773 |
| or removing any buildings or structures on land so acquired, | 12774 |
| including the cost of acquiring any lands to which such buildings | 12775 |
| or structures may be moved; the cost of acquiring or constructing | 12776 |
| and equipping a principal office of the convention facilities | 12777 |
| authority; the cost of diverting highways, interchange of | 12778 |
| highways, access roads to private property, including the cost of | 12779 |
| land or easements for such access roads; the cost of public | 12780 |
| utility and common carrier relocation or duplication; the cost of | 12781 |
| all machinery, furnishings, and equipment; financing charges; | 12782 |
| interest prior to and during construction and for no more than | 12783 |
| eighteen months after completion of construction; expenses of | 12784 |
| research and development with respect to facilities; legal | 12785 |
| expenses; expenses of obtaining plans, specifications, engineering | 12786 |
| surveys, studies, and estimates of cost and revenues; working | 12787 |
| capital; expenses necessary or incident to determining the | 12788 |
| feasibility or practicability of acquiring or constructing such | 12789 |
| facility; administrative expense; and such other expenses as may | 12790 |
| be necessary or incident to the acquisition or construction of the | 12791 |
| facility, the financing of such acquisition or construction, | 12792 |
| including the amount authorized in the resolution of the | 12793 |
| convention facilities authority providing for the issuance of | 12794 |
| convention facilities authority revenue bonds to be paid into any | 12795 |
| special funds from the proceeds of such bonds, the cost of issuing | 12796 |
| the bonds, and the financing of the placing of such facility in | 12797 |
| operation. Any obligation, cost, or expense incurred by any | 12798 |
| governmental agency or person for surveys, borings, preparation of | 12799 |
| plans and specifications, and other engineering services, or any | 12800 |
| other cost described above, in connection with the acquisition or | 12801 |
| construction of a facility may be regarded as part of the cost of | 12802 |
| such facility and may be reimbursed out of the proceeds of | 12803 |
| convention facilities authority revenue bonds as authorized by | 12804 |
| this chapter. | 12805 |
| (F) "Owner" includes a person having any title or interest in | 12806 |
| any property, rights, easements, or interests authorized to be | 12807 |
| acquired by Chapter 351. of the Revised Code. | 12808 |
| (G) "Revenues" means all rentals and other charges received | 12809 |
| by the convention facilities authority for the use or services of | 12810 |
| any facility, the sale of any merchandise, or the operation of any | 12811 |
| concessions; any gift or grant received with respect to any | 12812 |
| facility, any moneys received with respect to the lease, sublease, | 12813 |
| sale, including installment sale or conditional sale, or other | 12814 |
| disposition of a facility or part thereof; moneys received in | 12815 |
| repayment of and for interest on any loans made by the authority | 12816 |
| to a person or governmental agency, whether from the United States | 12817 |
| or any department, administration, or agency thereof, or | 12818 |
| otherwise; proceeds of convention facilities authority revenue | 12819 |
| bonds to the extent the use thereof for payment of principal or of | 12820 |
| premium, if any, or interest on the bonds is authorized by the | 12821 |
| authority; proceeds from any insurance, appropriation, or guaranty | 12822 |
| pertaining to a facility or property mortgaged to secure bonds or | 12823 |
| pertaining to the financing of the facility; income and profit | 12824 |
| from the investment of the proceeds of convention facilities | 12825 |
| authority revenue bonds or of any revenues; contributions of the | 12826 |
| proceeds of a tax levied pursuant to division (A)(3) of section | 12827 |
| 5739.09 of the Revised Code; and moneys transmitted to the | 12828 |
| authority pursuant to division (B) of section 5739.211 and | 12829 |
| division (B) of section 5741.031 of the Revised Code. | 12830 |
| (H) "Public roads" includes all public highways, roads, and | 12831 |
| streets in the state, whether maintained by the state, county, | 12832 |
| city, township, or other political subdivision. | 12833 |
| (I) "Construction," unless the context indicates a different | 12834 |
| meaning or intent, includes, but is not limited to, | 12835 |
| reconstruction, enlargement, improvement, or providing fixtures, | 12836 |
| furnishings, and equipment. | 12837 |
| (J) "Convention facilities authority revenue bonds" or | 12838 |
| "revenue bonds," unless the context indicates a different meaning | 12839 |
| or intent, includes convention facilities authority revenue notes, | 12840 |
| convention facilities authority revenue renewal notes, and | 12841 |
| convention facilities authority revenue refunding bonds. | 12842 |
| (K) "Convention facilities authority tax anticipation bonds" | 12843 |
| or "tax anticipation bonds," unless the context indicates a | 12844 |
| different meaning, includes convention facilities authority tax | 12845 |
| anticipation bonds, tax anticipation notes, tax anticipation | 12846 |
| renewal notes, and tax anticipation refunding bonds. | 12847 |
| (L) "Bonds and notes" means convention facilities authority | 12848 |
| revenue bonds and convention facilities authority tax anticipation | 12849 |
| bonds. | 12850 |
| (M) "Territory of the authority" means all of the area of the | 12851 |
| county creating the convention facilities authority. | 12852 |
| (N) "Excise taxes" means | 12853 |
| levied pursuant to division (B) or (C) of section 351.021 of the | 12854 |
| Revised Code. "Excise taxes" does not include taxes levied | 12855 |
| pursuant to section 4301.424, 5743.026, or 5743.324 of the Revised | 12856 |
| Code. | 12857 |
| (O) "Transaction" means the charge by a hotel for each | 12858 |
| occupancy by transient guests of a room or suite of rooms used in | 12859 |
| a hotel as a single unit for any period of twenty-four hours or | 12860 |
| less. | 12861 |
| (P) "Hotel" and "transient guests" have the same meanings as | 12862 |
| in section 5739.01 of the Revised Code. | 12863 |
| (Q) "Sports facility" means a facility intended to house | 12864 |
| major league professional athletic teams. | 12865 |
| (R) "Constructing" or "construction" includes providing | 12866 |
| fixtures, furnishings, and equipment. | 12867 |
| Sec. 351.021. (A) The resolution of the county commissioners | 12868 |
| creating a convention facilities authority, or any amendment or | 12869 |
| supplement to that resolution, may authorize the authority to levy | 12870 |
| one or both of the excise taxes authorized by division (B) of this | 12871 |
| section to pay the cost of one or more facilities; to pay | 12872 |
| principal, interest, and premium on convention facilities | 12873 |
| authority tax anticipation bonds issued to pay those costs; to pay | 12874 |
| the operating costs of the authority; to pay operating and | 12875 |
| maintenance costs of those facilities; and to pay the costs of | 12876 |
| administering the excise tax. | 12877 |
| (B) The board of directors of a convention facilities | 12878 |
| authority that has been authorized pursuant to resolution adopted, | 12879 |
| amended, or supplemented by the board of county commissioners | 12880 |
| pursuant to division (A) of this section may levy, by resolution | 12881 |
| adopted on or before December 31, 1988, either or both of the | 12882 |
| following: | 12883 |
| (1) Within the territory of the authority, an additional | 12884 |
| excise tax not to exceed four per cent on each transaction. The | 12885 |
| excise tax authorized by division (B)(1) of this section shall be | 12886 |
| in addition to any excise tax levied pursuant to section 5739.08 | 12887 |
| or 5739.09 of the Revised Code, or division (B)(2) of this | 12888 |
| section. | 12889 |
| (2) Within that portion of any municipal corporation that is | 12890 |
| located within the territory of the authority or within the | 12891 |
| boundaries of any township that is located within the territory of | 12892 |
| the authority, which municipal corporation or township is levying | 12893 |
| any portion of the excise tax authorized by division (A) of | 12894 |
| section 5739.08 of the Revised Code, and with the approval, by | 12895 |
| ordinance or resolution, of the legislative authority of that | 12896 |
| municipal corporation or township, an additional excise tax not to | 12897 |
| exceed nine-tenths of one per cent on each transaction. The excise | 12898 |
| tax authorized by division (B)(2) of this section may be levied | 12899 |
| only if, on the effective date of the levy specified in the | 12900 |
| resolution making the levy, the amount being levied pursuant to | 12901 |
| division (A) of section 5739.08 of the Revised Code by each | 12902 |
| municipal corporation or township in which the tax authorized by | 12903 |
| division (B)(2) of this section will be levied, when added to the | 12904 |
| amount levied under division (B)(2) of this section, does not | 12905 |
| exceed three per cent on each transaction. The excise tax | 12906 |
| authorized by division (B)(2) of this section shall be in addition | 12907 |
| to any excise tax that is levied pursuant to section 5739.08 or | 12908 |
| 5739.09 of the Revised Code, or division (B)(1) of this section. | 12909 |
| (C)(1) The board of directors of a convention facilities | 12910 |
| authority that is located in an eligible Appalachian county; that | 12911 |
| has been authorized pursuant to resolution adopted, amended, or | 12912 |
| supplemented by the board of county commissioners pursuant to | 12913 |
| division (A) of this section; and that is not levying a tax under | 12914 |
| division (B)(1) or (2) of this section may levy within the | 12915 |
| territory of the authority, by resolution adopted on or before | 12916 |
| December 31, 2005, an additional excise tax not to exceed three | 12917 |
| per cent on each transaction. The excise tax authorized under | 12918 |
| division (C) of this section shall be in addition to any excise | 12919 |
| tax levied pursuant to section 5739.08 or 5739.09 of the Revised | 12920 |
| Code. | 12921 |
| (2) As used in division (C)(1) of this section, "eligible | 12922 |
| Appalachian county" means a county in this state designated as | 12923 |
| being in the "Appalachian region" under the "Appalachian Regional | 12924 |
| Development Act of 1965," 79 Stat. 4, 40 U.S.C. App. 403, and | 12925 |
| having a population less than eighty thousand according to the | 12926 |
| most recent federal decennial census. | 12927 |
| (D) The authority shall provide for the administration and | 12928 |
|
allocation of | 12929 |
| (B) or (C) of this section. All receipts arising from those excise | 12930 |
| taxes shall be expended for the purposes provided in, and in | 12931 |
| accordance with this section and section 351.141 of the Revised | 12932 |
| Code. An excise tax levied under division (B) or (C) of this | 12933 |
| section shall remain in effect at the rate at which it is levied | 12934 |
| for at least the duration of the period for which the receipts | 12935 |
| from the tax have been anticipated and pledged pursuant to section | 12936 |
| 351.141 of the Revised Code. | 12937 |
| | 12938 |
| the levy of an excise tax on each transaction pursuant to sections | 12939 |
| 5739.08 and 5739.09 of the Revised Code does not prevent a | 12940 |
| convention
facilities authority from levying | 12941 |
| tax pursuant to division (B) or (C) of this section. | 12942 |
| Sec. 351.06. A facility to be constructed pursuant to this | 12943 |
| chapter is a public improvement and a convention facilities | 12944 |
| authority is a public authority for purposes of section 4115.03 of | 12945 |
| the Revised Code. All contractors and subcontractors working on | 12946 |
| such facilities are subject to and shall comply with sections | 12947 |
| 4115.03 to 4115.16 of the Revised Code. A convention facilities | 12948 |
| authority is a contracting authority for purposes of sections | 12949 |
| 307.86 to 307.91 of the Revised Code. | 12950 |
| No convention facilities authority shall construct a facility | 12951 |
| under this chapter unless the plans for the facility provide for | 12952 |
| parking and transportation determined by the board of county | 12953 |
| commissioners as adequate to serve that facility. | 12954 |
| A convention facilities authority may do all of the | 12955 |
| following: | 12956 |
| (A) Adopt bylaws for the regulation of its affairs and the | 12957 |
| conduct of its business; | 12958 |
| (B) Adopt an official seal; | 12959 |
| (C) Maintain a principal office within its territory; | 12960 |
| (D) Acquire, purchase, construct, reconstruct, enlarge, | 12961 |
| furnish, equip, maintain, repair, sell, exchange, lease or rent | 12962 |
| to, lease or rent from, operate, or contract for the operation by | 12963 |
| others of, facilities within its territory, and make charges for | 12964 |
| the use of the facilities; | 12965 |
| (E) Make available the use or services of any facility to | 12966 |
| persons or governmental agencies on such terms and conditions as | 12967 |
| the authority shall determine; | 12968 |
| (F) By resolution of its board of directors, issue convention | 12969 |
| facilities authority revenue bonds beyond the limit of bonded | 12970 |
| indebtedness provided by law, payable solely from revenues as | 12971 |
| provided in section 351.14 of the Revised Code, unless the bonds | 12972 |
| are refunded by refunding bonds, for the purpose of providing | 12973 |
| funds to pay the costs of any facility or facilities or parts of | 12974 |
| any facility or facilities, and, if moneys raised by taxation are | 12975 |
| not obligated or pledged for the payment of those revenue bonds, | 12976 |
| to pay the costs of any facility or facilities or parts of any | 12977 |
| facility or facilities pursuant to Section 13 of Article VIII, | 12978 |
| Ohio Constitution, and in order to create or preserve jobs and | 12979 |
| employment opportunities and improve the economic welfare of the | 12980 |
| people of the state; | 12981 |
| (G) Maintain such funds as it determines necessary; | 12982 |
| (H) Direct its agents or employees, when properly identified | 12983 |
| in writing and after at least five days' written notice, to enter | 12984 |
| upon lands within its territory in order to make surveys and | 12985 |
| examinations preliminary to location and construction of | 12986 |
| facilities, or other work for the purposes of the convention | 12987 |
| facilities authority, without liability of the authority or its | 12988 |
| agents or employees except for actual damage done; | 12989 |
| (I) Promote, advertise, and publicize the authority and its | 12990 |
| facilities; | 12991 |
| (J)(1) Adopt rules, not in conflict with general law, | 12992 |
| governing the use of its property, grounds, buildings, equipment, | 12993 |
| and facilities, and the conduct of its employees and the public, | 12994 |
| in order to promote the public safety and convenience in and about | 12995 |
| its facilities and grounds, and to maintain order. Any such rule | 12996 |
| shall be posted at a prominent place in each of the buildings or | 12997 |
| facilities to which it applies. | 12998 |
| (2) No person shall violate any lawful rule adopted and | 12999 |
| posted as provided in this division. | 13000 |
| (K) Acquire by gift or purchase, hold, lease, and dispose of | 13001 |
| real and personal property and interests in the property in the | 13002 |
| exercise of its powers and the performance of its duties under | 13003 |
| this chapter; | 13004 |
| (L) Acquire, in the name of the authority, by purchase or | 13005 |
| otherwise, on such terms and in such manner as the authority finds | 13006 |
| proper, or by the exercise of the right of appropriation in the | 13007 |
| manner provided by section 351.22 of the Revised Code, such public | 13008 |
| or private lands, including public parks, playgrounds, or | 13009 |
| reservations, or parts thereof or rights therein, rights-of-way, | 13010 |
| rights, franchises, easements, and interests as it finds necessary | 13011 |
| or proper for carrying out this chapter, and compensation shall be | 13012 |
| paid for public or private lands so taken; | 13013 |
| (M) Make and enter into all contracts and agreements and | 13014 |
| execute all instruments necessary or incidental to the performance | 13015 |
| of its duties and the execution of its powers under this chapter | 13016 |
| provided that no construction contract or contract for the | 13017 |
| purchase of goods or services shall be approved or entered into by | 13018 |
| the authority prior to the adoption and implementation of a policy | 13019 |
| on the set aside of contracts for bidding by or award to minority | 13020 |
| business enterprises, as defined in division (E)(1) of section | 13021 |
| 122.71 of the Revised Code; | 13022 |
| (N) Employ managers, superintendents, and other employees and | 13023 |
| retain or contract with consulting engineers, financial | 13024 |
| consultants, accounting experts, architects, attorneys, and such | 13025 |
| other consultants and independent contractors as are necessary in | 13026 |
| its judgment to carry out this chapter, and fix their | 13027 |
| compensation. All expenses of doing so shall be payable solely | 13028 |
| from the proceeds of convention facilities authority bonds and | 13029 |
| notes issued under this chapter, or from excise taxes and | 13030 |
| revenues. | 13031 |
| (O) Receive and accept from any governmental agency grants | 13032 |
| for or in aid of the purposes of the authority, and receive and | 13033 |
| accept aid or contributions from any source of money, property, | 13034 |
| labor, or other things of value, to be held, used, and applied | 13035 |
| only for the purposes for which such grants and contributions are | 13036 |
| made; | 13037 |
| (P) Engage in research and development with respect to | 13038 |
| facilities; | 13039 |
| (Q) Purchase fire and extended coverage and liability | 13040 |
| insurance for any facility and for the offices of the authority, | 13041 |
| insurance protecting the authority and its officers and employees | 13042 |
| against liability for damage to property or injury to or death of | 13043 |
| persons arising from its operations, and any other insurance the | 13044 |
| authority may agree to provide under any resolution authorizing | 13045 |
| its convention facilities authority revenue bonds or in any trust | 13046 |
| agreement securing the same; | 13047 |
| (R) Charge, alter, and collect rentals and other charges for | 13048 |
| the use or services of any facility as provided in section 351.09 | 13049 |
| of the Revised Code; | 13050 |
| (S) If a tax proposed under section 5739.026 of the Revised | 13051 |
| Code is disapproved by the electors, request the board of county | 13052 |
| commissioners to dissolve the authority pursuant to section 351.03 | 13053 |
| of the Revised Code; | 13054 |
| (T) By resolution of its board of directors, levy | 13055 |
| any of the excise taxes authorized by division (B) or (C) of | 13056 |
| section 351.021 of the Revised Code if authorized by the county | 13057 |
| commissioners, and issue convention facilities authority tax | 13058 |
| anticipation bonds beyond any limit of bonded indebtedness | 13059 |
| provided by law, payable solely from excise taxes levied pursuant | 13060 |
| to division (B) or (C) of section 351.021 of the Revised Code and | 13061 |
| revenues as provided in section 351.141 of the Revised Code. | 13062 |
| (U) Do all acts necessary or proper to carry out the powers | 13063 |
| expressly granted in this chapter. | 13064 |
| Sec. 351.141. A convention facilities authority that levies | 13065 |
| 13066 | |
| (C) of section 351.021 of the Revised Code or that receives | 13067 |
| contributions pursuant to division (A)(3) of section 5739.09 of | 13068 |
| the Revised Code, by resolution may anticipate the proceeds of the | 13069 |
| levy and issue convention facilities authority tax anticipation | 13070 |
| bonds, and notes anticipating the proceeds or the bonds, in the | 13071 |
| principal amount that, in the opinion of the authority, are | 13072 |
| necessary for the purpose of paying the cost of one or more | 13073 |
| facilities or parts of one or more facilities, and as able, with | 13074 |
| the interest on them, be paid over the term of the issue, or in | 13075 |
| the case of notes anticipating bonds over the term of the bonds, | 13076 |
| by the estimated amount of the excise taxes or contributions | 13077 |
| anticipated thereby. The excise taxes or contributions are | 13078 |
| determined by the general assembly to satisfy any applicable | 13079 |
| requirement of Section 11 of Article XII, Ohio Constitution. An | 13080 |
| authority, at any time, may issue renewal tax anticipation notes, | 13081 |
| issue tax anticipation bonds to pay such notes, and, whenever it | 13082 |
| considers refunding expedient, refund any tax anticipation bonds | 13083 |
| by the issuance of tax anticipation refunding bonds whether the | 13084 |
| bonds to be refunded have or have not matured, and issue tax | 13085 |
| anticipation bonds partly to refund bonds then outstanding and | 13086 |
| partly for any other authorized purpose. The refunding bonds shall | 13087 |
| be sold and the proceeds needed for such purpose applied in the | 13088 |
| manner provided in the bond proceedings to the purchase, | 13089 |
| redemption, or payment of the bonds to be refunded. | 13090 |
| Every issue of outstanding tax anticipation bonds shall be | 13091 |
| payable out of the proceeds of the excise taxes or contributions | 13092 |
| anticipated and other revenues of the authority that are pledged | 13093 |
| for such payment. The pledge shall be valid and binding from the | 13094 |
| time the pledge is made, and the anticipated excise taxes, | 13095 |
| contributions, and revenues so pledged and thereafter received by | 13096 |
| the authority immediately shall be subject to the lien of that | 13097 |
| pledge without any physical delivery of those excise taxes, | 13098 |
| contributions, and revenues or further act. The lien of any pledge | 13099 |
| is valid and binding as against all parties having claims of any | 13100 |
| kind in tort, contract, or otherwise against the authority, | 13101 |
| whether or not such parties have notice of the lien. Neither the | 13102 |
| resolution nor any trust agreement by which a pledge is created | 13103 |
| need be filed or recorded except in the authority's records. | 13104 |
| Whether or not the bonds or notes are of such form and | 13105 |
| character as to be negotiable instruments under Title XIII of the | 13106 |
| Revised Code, the bonds or notes shall have all the qualities and | 13107 |
| incidents of negotiable instruments, subject only to their | 13108 |
| provisions for registration, if any. | 13109 |
| The tax anticipation bonds shall bear such date or dates, and | 13110 |
| shall mature at such time or times, in the case of any such notes | 13111 |
| or any renewals of such notes not exceeding twenty years from the | 13112 |
| date of issue of such original notes and in the case of any such | 13113 |
| bonds or any refunding bonds not exceeding forty years from the | 13114 |
| date of the original issue of notes or bonds for the purpose, and | 13115 |
| shall be executed in the manner that the resolution authorizing | 13116 |
| the bonds may provide. The tax anticipation bonds shall bear | 13117 |
| interest at such rates, or at variable rate or rates changing from | 13118 |
| time to time, in accordance with provisions provided in the | 13119 |
| authorizing resolution, be in such denominations and form, either | 13120 |
| coupon or registered, carry such registration privileges, be | 13121 |
| payable in such medium of payment and at such place or places, and | 13122 |
| be subject to such terms of redemption, as the authority may | 13123 |
| authorize or provide. The tax anticipation bonds may be sold at | 13124 |
| public or private sale, and at, or at not less than the price or | 13125 |
| prices as the authority determines. If any officer whose signature | 13126 |
| or a facsimile of whose signature appears on any bonds or coupons | 13127 |
| ceases to be such officer before delivery of the bonds, the | 13128 |
| signature or facsimile shall nevertheless be sufficient for all | 13129 |
| purposes as if the officer had remained in office until delivery | 13130 |
| of the bonds, and in case the seal of the authority has been | 13131 |
| changed after a facsimile has been imprinted on the bonds, the | 13132 |
| facsimile seal will continue to be sufficient for all purposes. | 13133 |
| Any resolution or resolutions authorizing any tax | 13134 |
| anticipation bonds or any issue of tax anticipation bonds may | 13135 |
| contain provisions, subject to any agreements with bondholders as | 13136 |
| may then exist, which provisions shall be a part of the contract | 13137 |
| with the holders of the bonds, as to the pledging of any or all of | 13138 |
| the authority's anticipated excise taxes, contributions, and | 13139 |
| revenues to secure the payment of the bonds or of any issue of the | 13140 |
| bonds; the use and disposition of revenues of the authority; the | 13141 |
| crediting of the proceeds of the sale of bonds to and among the | 13142 |
| funds referred to or provided for in the resolution; limitations | 13143 |
| on the purpose to which the proceeds of sale of the bonds may be | 13144 |
| applied and the pledging of portions of such proceeds to secure | 13145 |
| the payment of the bonds or of any issue of the bonds; as to notes | 13146 |
| issued in anticipation of the issuance of bonds, the agreement of | 13147 |
| the authority to do all things necessary for the authorization, | 13148 |
| issuance, and sale of such bonds in such amounts as may be | 13149 |
| necessary for the timely retirement of such notes; limitations on | 13150 |
| the issuance of additional bonds; the terms upon which additional | 13151 |
| bonds may be issued and secured; the refunding of outstanding | 13152 |
| bonds; the procedure, if any, by which the terms of any contract | 13153 |
| with bondholders may be amended, the amount of bonds the holders | 13154 |
| of which must consent thereto, and the manner in which such | 13155 |
| consent may be given; securing any bonds by a trust agreement in | 13156 |
| accordance with section 351.16 of the Revised Code; any other | 13157 |
| matters, of like or different character, that in any way affect | 13158 |
| the security or protection of the bonds. The excise taxes | 13159 |
| anticipated by the bonds, including bonds anticipated by notes, | 13160 |
| shall not be subject to diminution by initiative or referendum or | 13161 |
| by law while the bonds or notes remain outstanding in accordance | 13162 |
| with their terms, unless provision is made by law or by the | 13163 |
| authority for an adequate substitute therefor reasonably | 13164 |
| satisfactory to the trustee, if a trust agreement secures the | 13165 |
| bonds. | 13166 |
| Neither the members of the board of directors of the | 13167 |
| authority nor any person executing the bonds shall be liable | 13168 |
| personally on the bonds or be subject to any personal liability or | 13169 |
| accountability by reason of the issuance thereof. | 13170 |
| Sec. 351.16. In the discretion of the convention facilities | 13171 |
| authority, any convention facilities authority bonds and notes | 13172 |
| issued under this chapter may be secured by a trust agreement | 13173 |
| between the authority and a corporate trustee, which trustee may | 13174 |
| be any trust company or bank having the powers of a trust company | 13175 |
| within or without the state. | 13176 |
| Any such trust agreement for convention facility authority | 13177 |
| revenue bonds may pledge or assign revenues of the convention | 13178 |
| facilities authority to be received and may convey or mortgage any | 13179 |
| facility or any part of any facility. Any such trust agreement for | 13180 |
| convention facility authority tax anticipation bonds may pledge or | 13181 |
| assign | 13182 |
| (B) or (C) of section 351.021 of the Revised Code and revenues of | 13183 |
| the convention facilities authority to be received and may convey | 13184 |
| or mortgage any facility or any part of any facility. Any such | 13185 |
| trust agreement or any resolution providing for the issuance of | 13186 |
| such bonds or notes may contain such provisions for protecting and | 13187 |
| enforcing the rights and remedies of the bondholders or | 13188 |
| noteholders as are reasonable and proper and not in violation of | 13189 |
| law, including covenants setting forth the duties of the authority | 13190 |
| in relation to the acquisition of property, the construction, | 13191 |
| improvement, maintenance, repair, operation, and insurance of the | 13192 |
| facility in connection with which such bonds or notes are | 13193 |
| authorized, the rentals or other charges to be imposed for the use | 13194 |
| or services of any facility, the custody, safeguarding, and | 13195 |
| application of all moneys, and provisions for the employment of | 13196 |
| consulting engineers in connection with the construction or | 13197 |
| operation of such facility. Any bank or trust company incorporated | 13198 |
| under the laws of this state that may act as depository of the | 13199 |
| proceeds of bonds or notes or of revenues may furnish such | 13200 |
| indemnifying bonds or may pledge such securities as are required | 13201 |
| by the authority. Any such trust agreement may set forth the | 13202 |
| rights and remedies of the bondholders and noteholders and of the | 13203 |
| trustee, and may restrict the individual right of action by | 13204 |
| bondholders and noteholders as is customary in trust agreements or | 13205 |
| trust indentures securing similar bonds. Such trust agreement may | 13206 |
| contain such other provisions as the authority determines | 13207 |
| reasonable and proper for the security of the bondholders or | 13208 |
| noteholders. All expenses incurred in carrying out the provisions | 13209 |
| of any such trust agreement may be treated as a part of the cost | 13210 |
| of the operation of the facility. Any such trust agreement or | 13211 |
| resolution authorizing the issuance of convention facilities | 13212 |
| authority bonds or notes may provide the method whereby the | 13213 |
| general administrative expenses of the authority shall be | 13214 |
| allocated among facilities acquired or constructed by it as a | 13215 |
| factor of the operation expenses of such facility. | 13216 |
| Sec. 718.09. (A) This section applies to either of the | 13217 |
| following: | 13218 |
| (1) A municipal corporation that shares the same territory as | 13219 |
| a city, local, or exempted village school district, to the extent | 13220 |
| that not more than five per cent of the territory of the municipal | 13221 |
| corporation is located outside the school district and not more | 13222 |
| than five per cent of the territory of the school district is | 13223 |
| located outside the municipal corporation; | 13224 |
| (2) A municipal corporation that shares the same territory as | 13225 |
| a city, local, or exempted village school district, to the extent | 13226 |
| that not more than five per cent of the territory of the municipal | 13227 |
| corporation is located outside the school district, more than five | 13228 |
| per cent but not more than ten per cent of the territory of the | 13229 |
| school district is located outside the municipal corporation, and | 13230 |
| that portion of the territory of the school district that is | 13231 |
| located outside the municipal corporation is located entirely | 13232 |
| within another municipal corporation having a population of four | 13233 |
| hundred thousand or more according to the federal decennial census | 13234 |
| most recently completed before the agreement is entered into under | 13235 |
| division (B) of this section. | 13236 |
| (B) | 13237 |
| a municipal corporation to which this section applies may propose | 13238 |
| to the electors an income tax, one of the purposes of which shall | 13239 |
| be to provide financial assistance to the school district through | 13240 |
| payment to the district of not less than twenty-five per cent of | 13241 |
| the revenue generated by the tax, except that the legislative | 13242 |
| authority may not propose to levy the income tax on the incomes of | 13243 |
| nonresident individuals. Prior to proposing the tax, the | 13244 |
| legislative authority shall negotiate and enter into a written | 13245 |
| agreement with the board of education of the school district | 13246 |
| specifying the tax rate, the percentage of tax revenue to be paid | 13247 |
| to the school district, the purpose for which the school district | 13248 |
| will use the money, the first year the tax will be levied, the | 13249 |
| date of the special election on the question of the tax, and the | 13250 |
| method and schedule by which the municipal corporation will make | 13251 |
| payments to the school district. The special election shall be | 13252 |
|
held | 13253 |
| section 3501.01 of the Revised Code, except that the special | 13254 |
| election may not be held on the day for holding a primary election | 13255 |
| as authorized by the municipal corporation's charter unless the | 13256 |
| municipal corporation is to have a primary election on that day. | 13257 |
| After the legislative authority and board of education have | 13258 |
| entered into the agreement, the legislative authority shall | 13259 |
| provide for levying the tax by ordinance. The ordinance shall | 13260 |
| state the tax rate, the percentage of tax revenue to be paid to | 13261 |
| the school district, the purpose for which the municipal | 13262 |
| corporation will use its share of the tax revenue, the first year | 13263 |
| the tax will be levied, and that the question of the income tax | 13264 |
| will be submitted to the electors of the municipal corporation. | 13265 |
| The legislative authority also shall adopt a resolution specifying | 13266 |
| the regular or special election date the election will be held and | 13267 |
| directing the board of elections to conduct the election. At least | 13268 |
| seventy-five days before the date of the election, the legislative | 13269 |
| authority shall file certified copies of the ordinance and | 13270 |
| resolution with the board of elections. | 13271 |
| (C) The board of elections shall make the necessary | 13272 |
| arrangements for the submission of the question to the electors of | 13273 |
| the municipal corporation, and shall conduct the election in the | 13274 |
| same manner as any other municipal income tax election. Notice of | 13275 |
| the election shall be published in a newspaper of general | 13276 |
| circulation in the municipal corporation once a week for four | 13277 |
| consecutive weeks prior to the election, and shall include | 13278 |
| statements of the rate and municipal corporation and school | 13279 |
| district purposes of the income tax, the percentage of tax revenue | 13280 |
| that will be paid to the school district, and the first year the | 13281 |
| tax will be levied. The ballot shall be in the following form: | 13282 |
| "Shall the ordinance providing for a ..... per cent levy on | 13283 |
| income for (brief description of the municipal corporation and | 13284 |
| school district purposes of the levy, including a statement of the | 13285 |
| percentage of tax revenue that will be paid to the school | 13286 |
| district) be passed? The income tax, if approved, will not be | 13287 |
| levied on the incomes of individuals who do not reside in (the | 13288 |
| name of the municipal corporation). | 13289 |
| 13290 |
| For the income tax | 13291 | ||||
| Against the income tax | " | 13292 |
| 13293 |
| (D) If the question is approved by a majority of the | 13294 |
| electors, the municipal corporation shall impose the income tax | 13295 |
| beginning in the year specified in the ordinance. The proceeds of | 13296 |
| the levy may be used only for the specified purposes, including | 13297 |
| payment of the specified percentage to the school district. | 13298 |
| Sec. 718.10. (A) This section applies to a group of two or | 13299 |
| more municipal corporations that, taken together, share the same | 13300 |
| territory as a single city, local, or exempted village school | 13301 |
| district, to the extent that not more than five per cent of the | 13302 |
| territory of the municipal corporations as a group is located | 13303 |
| outside the school district and not more than five per cent of the | 13304 |
| territory of the school district is located outside the municipal | 13305 |
| corporations as a group. | 13306 |
| (B) | 13307 |
| of the municipal corporations in a group of municipal corporations | 13308 |
| to which this section applies each may propose to the electors an | 13309 |
| income tax, to be levied in concert with income taxes in the other | 13310 |
| municipal corporations of the group, except that a legislative | 13311 |
| authority may not propose to levy the income tax on the incomes of | 13312 |
| individuals who do not reside in the municipal corporation. One of | 13313 |
| the purposes of such a tax shall be to provide financial | 13314 |
| assistance to the school district through payment to the district | 13315 |
| of not less than twenty-five per cent of the revenue generated by | 13316 |
| the tax. Prior to proposing the taxes, the legislative authorities | 13317 |
| shall negotiate and enter into a written agreement with each other | 13318 |
| and with the board of education of the school district specifying | 13319 |
| the tax rate, the percentage of the tax revenue to be paid to the | 13320 |
| school district, the first year the tax will be levied, and the | 13321 |
| date of the election on the question of the tax, all of which | 13322 |
| shall be the same for each municipal corporation. The agreement | 13323 |
| also shall state the purpose for which the school district will | 13324 |
| use the money, and specify the method and schedule by which each | 13325 |
| municipal corporation will make payments to the school district. | 13326 |
|
The special election shall be held | 13327 |
| day specified in division (D) of section 3501.01 of the Revised | 13328 |
| Code, including a day on which all of the municipal corporations | 13329 |
| are to have a primary election. | 13330 |
| After the legislative authorities and board of education have | 13331 |
| entered into the agreement, each legislative authority shall | 13332 |
| provide for levying its tax by ordinance. Each ordinance shall | 13333 |
| state the rate of the tax, the percentage of tax revenue to be | 13334 |
| paid to the school district, the purpose for which the municipal | 13335 |
| corporation will use its share of the tax revenue, and the first | 13336 |
| year the tax will be levied. Each ordinance also shall state that | 13337 |
| the question of the income tax will be submitted to the electors | 13338 |
| of the municipal corporation on the same date as the submission of | 13339 |
| questions of an identical tax to the electors of each of the other | 13340 |
| municipal corporations in the group, and that unless the electors | 13341 |
| of all of the municipal corporations in the group approve the tax | 13342 |
| in their respective municipal corporations, none of the municipal | 13343 |
| corporations in the group shall levy the tax. Each legislative | 13344 |
| authority also shall adopt a resolution specifying the regular or | 13345 |
| special election date the election will be held and directing the | 13346 |
| board of elections to conduct the election. At least seventy-five | 13347 |
| days before the date of the election, each legislative authority | 13348 |
| shall file certified copies of the ordinance and resolution with | 13349 |
| the board of elections. | 13350 |
| (C) For each of the municipal corporations, the board of | 13351 |
| elections shall make the necessary arrangements for the submission | 13352 |
| of the question to the electors, and shall conduct the election in | 13353 |
| the same manner as any other municipal income tax election. For | 13354 |
| each of the municipal corporations, notice of the election shall | 13355 |
| be published in a newspaper of general circulation in the | 13356 |
| municipal corporation once a week for four consecutive weeks prior | 13357 |
| to the election. The notice shall include a statement of the rate | 13358 |
| and municipal corporation and school district purposes of the | 13359 |
| income tax, the percentage of tax revenue that will be paid to the | 13360 |
| school district, and the first year the tax will be levied, and an | 13361 |
| explanation that the tax will not be levied unless an identical | 13362 |
| tax is approved by the electors of each of the other municipal | 13363 |
| corporations in the group. The ballot shall be in the following | 13364 |
| form: | 13365 |
| "Shall the ordinance providing for a ... per cent levy on | 13366 |
| income for (brief description of the municipal corporation and | 13367 |
| school district purposes of the levy, including a statement of the | 13368 |
| percentage of income tax revenue that will be paid to the school | 13369 |
| district) be passed? The income tax, if approved, will not be | 13370 |
| levied on the incomes of individuals who do not reside in (the | 13371 |
| name of the municipal corporation). In order for the income tax to | 13372 |
| be levied, the voters of (the other municipal corporations in the | 13373 |
| group), which are also in the (name of the school district) school | 13374 |
| district, must approve an identical income tax and agree to pay | 13375 |
| the same percentage of the tax revenue to the school district. | 13376 |
| 13377 |
| For the income tax | 13378 | ||||
| Against the income tax | " | 13379 |
| 13380 |
| (D) If the question is approved by a majority of the electors | 13381 |
| and identical taxes are approved by a majority of the electors in | 13382 |
| each of the other municipal corporations in the group, the | 13383 |
| municipal corporation shall impose the tax beginning in the year | 13384 |
| specified in the ordinance. The proceeds of the levy may be used | 13385 |
| only for the specified purposes, including payment of the | 13386 |
| specified percentage to the school district. | 13387 |
| Sec. 731.14. All contracts made by the legislative authority | 13388 |
| of a village shall be executed in the name of the village and | 13389 |
| signed on its behalf by the mayor and clerk. Except where the | 13390 |
| contract is for equipment, services, materials, or supplies to be | 13391 |
| purchased under division (D) of section 713.23 or section 125.04 | 13392 |
| or 5513.01 of the Revised Code | 13393 |
| nonprofit agency pursuant to sections 4115.31 to 4115.35 of the | 13394 |
| Revised Code, or required to be purchased from a qualified | 13395 |
| nonprofit agency under sections 125.60 to 125.6012 of the Revised | 13396 |
| Code, when any expenditure, other than the compensation of persons | 13397 |
| employed in the village, exceeds twenty-five thousand dollars, | 13398 |
| such contracts shall be in writing and made with the lowest and | 13399 |
| best bidder after advertising for not less than two nor more than | 13400 |
| four consecutive weeks in a newspaper of general circulation | 13401 |
| within the village. The bids shall be opened and shall be publicly | 13402 |
| read by the clerk of the village or a person designated by the | 13403 |
| clerk at the time, date, and place specified in the advertisement | 13404 |
| to bidders or specifications. The time, date, and place of bid | 13405 |
| openings may be extended to a later date by the legislative | 13406 |
| authority of the village, provided that written or oral notice of | 13407 |
| the change shall be given to all persons who have received or | 13408 |
| requested specifications no later than ninety-six hours prior to | 13409 |
| the original time and date fixed for the opening. This section | 13410 |
| does not apply to those villages that have provided for the | 13411 |
| appointment of a village administrator under section 735.271 of | 13412 |
| the Revised Code. | 13413 |
| Sec. 731.141. In those villages that have established the | 13414 |
| position of village administrator, as provided by section 735.271 | 13415 |
| of the Revised Code, the village administrator shall make | 13416 |
| contracts, purchase supplies and materials, and provide labor for | 13417 |
| any work under the administrator's supervision involving not more | 13418 |
| than twenty-five thousand dollars. When an expenditure, other than | 13419 |
| the compensation of persons employed by the village, exceeds | 13420 |
| twenty-five thousand dollars, the expenditure shall first be | 13421 |
| authorized and directed by ordinance of the legislative authority | 13422 |
| of the village. When so authorized and directed, except where the | 13423 |
| contract is for equipment, services, materials, or supplies to be | 13424 |
| purchased under division (D) of section 713.23 or section 125.04 | 13425 |
|
or 5513.01 of the Revised Code | 13426 |
| nonprofit agency pursuant to sections 4115.31 to 4115.35 of the | 13427 |
| Revised Code, or required to be purchased from a qualified | 13428 |
| nonprofit agency under sections 125.60 to 125.6012 of the Revised | 13429 |
| Code, the village administrator shall make a written contract with | 13430 |
| the lowest and best bidder after advertisement for not less than | 13431 |
| two nor more than four consecutive weeks in a newspaper of general | 13432 |
| circulation within the village. The bids shall be opened and shall | 13433 |
| be publicly read by the village administrator or a person | 13434 |
| designated by the village administrator at the time, date, and | 13435 |
| place as specified in the advertisement to bidders or | 13436 |
| specifications. The time, date, and place of bid openings may be | 13437 |
| extended to a later date by the village administrator, provided | 13438 |
| that written or oral notice of the change shall be given to all | 13439 |
| persons who have received or requested specifications no later | 13440 |
| than ninety-six hours prior to the original time and date fixed | 13441 |
| for the opening. All contracts shall be executed in the name of | 13442 |
| the village and signed on its behalf by the village administrator | 13443 |
| and the clerk. | 13444 |
| The legislative authority of a village may provide, by | 13445 |
| ordinance, for central purchasing for all offices, departments, | 13446 |
| divisions, boards, and commissions of the village, under the | 13447 |
| direction of the village administrator, who shall make contracts, | 13448 |
| purchase supplies or materials, and provide labor for any work of | 13449 |
| the village in the manner provided by this section. | 13450 |
| Sec. 742.59. The board of trustees of the Ohio police and | 13451 |
| fire pension fund shall be the trustee of the funds created as | 13452 |
| follows: | 13453 |
| (A) The "police officers' contribution fund" is the fund in | 13454 |
| which shall be credited the contributions deducted from the | 13455 |
| salaries of members of police departments and paid into the Ohio | 13456 |
| police and fire pension fund, as provided by section 742.31 of the | 13457 |
| Revised Code, and that percentage of the employers' accrued | 13458 |
| liability that is attributable to deductions previously made from | 13459 |
| the salaries of members of the police department who are still in | 13460 |
| the active service at the time that portion of the employers' | 13461 |
| accrued liability is paid. The accumulated contributions of a | 13462 |
| member of a police department shall be transferred at the member's | 13463 |
| retirement from the police officers' contribution fund to the | 13464 |
| police officers' pension reserve fund. | 13465 |
| (B) The "firefighters' contribution fund" is the fund in | 13466 |
| which shall be credited contributions deducted from the salaries | 13467 |
| of members of fire departments and paid into the Ohio police and | 13468 |
| fire pension fund, as provided by section 742.31 of the Revised | 13469 |
| Code, and that percentage of the employers' accrued liability that | 13470 |
| is attributable to deductions previously made from the salaries of | 13471 |
| members of the fire department who are still in the active service | 13472 |
| at the time that portion of the employers' accrued liability is | 13473 |
| paid. The accumulated contributions of a member of a fire | 13474 |
| department shall be transferred at the member's retirement from | 13475 |
| the firefighters' contribution fund to the firefighters' pension | 13476 |
| reserve fund. | 13477 |
| (C) The "police officer employers' contribution fund" is the | 13478 |
| fund to which the following shall be credited: | 13479 |
| (1) The police officer employers' contribution, as provided | 13480 |
|
by section 742.33 of the Revised Code | 13481 |
| (2) The percentage of the employers' accrued liability that | 13482 |
| is attributable to the employers' liability for prior service of | 13483 |
| members of the police department who are still in the active | 13484 |
| service at the time that portion of the employers' accrued | 13485 |
| liability is paid | 13486 |
| 13487 | |
| 13488 | |
| 13489 |
| In the police officer employers' contribution fund shall | 13490 |
| accumulate the reserves held in trust for the payment of all | 13491 |
| pensions or other benefits provided by sections 742.01 to 742.61 | 13492 |
| of the Revised Code to members of a police department retiring in | 13493 |
| the future or their qualified beneficiaries and from which the | 13494 |
| reserves for such pensions and other benefits shall be transferred | 13495 |
| to the police officers' pension reserve fund. | 13496 |
| (D) The "firefighter employers' contribution fund" is the | 13497 |
| fund to which the following shall be credited: | 13498 |
| (1) The firefighter employers' contribution, as provided in | 13499 |
|
section 742.34 of the Revised Code | 13500 |
| (2) The percentage of the employers' accrued liability that | 13501 |
| is attributable to the employers' liability for prior service for | 13502 |
| members of the fire department who are still in the active service | 13503 |
| at the time that portion of the employers' accrued liability is | 13504 |
| paid | 13505 |
| 13506 | |
| 13507 |
| In the firefighter employers' contribution fund shall | 13508 |
| accumulate the reserves held in trust for the payment of all | 13509 |
| pensions and other benefits provided by sections 742.01 to 742.61 | 13510 |
| of the Revised Code to members of a fire department retiring in | 13511 |
| the future or their qualified beneficiaries and from which the | 13512 |
| reserves for such pensions and other benefits shall be transferred | 13513 |
| to the firefighters' pension reserve fund. | 13514 |
| (E) The "police officers' pension reserve fund" is the fund | 13515 |
| from which shall be paid all pensions and other benefits for which | 13516 |
| reserves have been transferred from the police officers' | 13517 |
| contribution fund and the police officer employers' contribution | 13518 |
| fund, and to which shall be credited that percentage of the | 13519 |
| employers' accrued liability that is attributable to the total of | 13520 |
| deductions previously made from the salaries of members of the | 13521 |
| police department who are retired and are receiving pensions or | 13522 |
| other benefits, or whose beneficiaries are receiving benefits, at | 13523 |
| the time that portion of the employers' accrued liability is paid, | 13524 |
| and that percentage of the employers' accrued liability that is | 13525 |
| attributable to prior service of members of the police department | 13526 |
| who are retired and are receiving pensions or other benefits, or | 13527 |
| whose beneficiaries are receiving benefits, at the time that | 13528 |
| portion of the employers' accrued liability is paid. | 13529 |
| (F) The "firefighters' pension reserve fund" is the fund from | 13530 |
| which shall be paid all pensions and other benefits for which | 13531 |
| reserves have been transferred from the firefighters' contribution | 13532 |
| fund and the firefighter employers' contribution fund, and to | 13533 |
| which shall be credited that percentage of the employers' accrued | 13534 |
| liability that is attributable to the total of deductions | 13535 |
| previously made from the salaries of members of the fire | 13536 |
| department who are retired and are receiving pensions or other | 13537 |
| benefits, or whose beneficiaries are receiving benefits, at the | 13538 |
| time that portion of the employers' accrued liability is paid, and | 13539 |
| that percentage of the employers' accrued liability that is | 13540 |
| attributable to prior service of members of the fire department | 13541 |
| who are retired and are receiving pensions or other benefits, or | 13542 |
| whose beneficiaries are receiving benefits, at the time that | 13543 |
| portion of the employers' accrued liability is paid. | 13544 |
| (G) The "guarantee fund" is the fund from which interest is | 13545 |
| transferred and credited on the amounts in the funds described in | 13546 |
| divisions (C), (D), (E), and (F) of this section, and is a | 13547 |
| contingent fund from which the special requirements of said funds | 13548 |
| may be paid by transfer from this fund. All income derived from | 13549 |
| the investment of funds by the board of trustees of the Ohio | 13550 |
| police and fire pension fund as trustee under section 742.11 of | 13551 |
| the Revised Code, together with all gifts and bequests or the | 13552 |
| income therefrom, shall be paid into this fund. | 13553 |
| Any deficit occurring in any other fund that will not be | 13554 |
| covered by payments to that fund, as otherwise provided by | 13555 |
| sections 742.01 to 742.61 of the Revised Code, shall be paid by | 13556 |
| transfers of amounts from the guarantee fund to such fund or | 13557 |
| funds. Should the amount in the guarantee fund be insufficient at | 13558 |
| any time to meet the amounts payable therefrom, the amount of such | 13559 |
| deficiency, with regular interest, shall be paid by an additional | 13560 |
| employer rate of current contribution as determined by the actuary | 13561 |
| and shall be approved by the board of trustees of the Ohio police | 13562 |
| and fire pension fund, and the amount of such additional employer | 13563 |
| contribution shall be credited to the guarantee fund. | 13564 |
| The board may accept gifts and bequests. Any funds that may | 13565 |
| come into the possession of the board in this manner, or any other | 13566 |
| funds whose disposition is not otherwise provided for, shall be | 13567 |
| credited to the guarantee fund. | 13568 |
| (H) The "expense fund" is the fund from which shall be paid | 13569 |
| the expenses for the administration and management of the Ohio | 13570 |
| police and fire pension fund, as provided by sections 742.01 to | 13571 |
| 742.61 of the Revised Code, and to which shall be credited from | 13572 |
| the guarantee fund an amount sufficient to pay the expenses of | 13573 |
| operation. | 13574 |
| Sec. 901.43. (A) The director of agriculture may authorize | 13575 |
| any department of agriculture laboratory to perform a laboratory | 13576 |
| service for any person, organization, political subdivision, state | 13577 |
| agency, federal agency, or other entity, whether public or | 13578 |
| private. The director shall adopt and enforce rules to provide for | 13579 |
| the rendering of a laboratory service. | 13580 |
| (B) The director may charge a reasonable fee for the | 13581 |
| performance of a laboratory service, except when the service is | 13582 |
| performed on an official sample taken by the director acting | 13583 |
| pursuant to Title IX, Chapter 3715., or Chapter 3717. of the | 13584 |
| Revised Code; by a board of health acting as the licensor of | 13585 |
| retail food establishments or food service operations under | 13586 |
| Chapter 3717. of the Revised Code; or by the director of health | 13587 |
| acting as the licensor of food service operations under Chapter | 13588 |
| 3717. of the Revised Code. The director of agriculture shall adopt | 13589 |
| rules specifying what constitutes an official sample. | 13590 |
| The director shall publish a list of laboratory services | 13591 |
| offered, together with the fee for each service. | 13592 |
| (C) The director may enter into a contract with any person, | 13593 |
| organization, political subdivision, state agency, federal agency, | 13594 |
| or other entity for the provision of a laboratory service. | 13595 |
| (D)(1) The director may adopt rules establishing standards | 13596 |
| for accreditation of laboratories and laboratory services and in | 13597 |
| doing so may adopt by reference existing or recognized standards | 13598 |
| or practices. | 13599 |
| (2) The director may inspect and accredit laboratories and | 13600 |
| laboratory services, and may charge a reasonable fee for the | 13601 |
| inspections and accreditation. | 13602 |
| (E)(1) | 13603 |
| animal health and food safety fund. Moneys from the following | 13604 |
| sources shall be deposited into the state treasury to the credit | 13605 |
| of the fund: all moneys collected by the director under this | 13606 |
| section that are from fees generated by a laboratory service | 13607 |
| performed by the department and related to the diseases of | 13608 |
|
animals, | 13609 |
| for the inspection and accreditation of laboratories and | 13610 |
|
laboratory services
related to the diseases of animals, | 13611 |
| 13612 | |
| 13613 | |
| 13614 | |
| 13615 | |
| 13616 |
| | 13617 |
| section that are from fees generated by a laboratory service | 13618 |
| performed by the consumer analytical laboratory, and all moneys so | 13619 |
| collected that are from fees generated for the inspection and | 13620 |
| accreditation of laboratories and laboratory services not related | 13621 |
| to weights
and
measures | 13622 |
| 13623 | |
| 13624 | |
| fund | 13625 |
| animal industry laboratory and the consumer analytical laboratory, | 13626 |
| including the purchase of supplies and equipment. | 13627 |
| | 13628 |
| section that are from fees generated by a laboratory service | 13629 |
| performed by the weights and measures laboratory, and all moneys | 13630 |
| so collected that are from fees generated for the inspection and | 13631 |
| accreditation of laboratories and laboratory services related to | 13632 |
| weights and measures, shall be deposited in the state treasury to | 13633 |
| the credit of the weights and measures laboratory fund, which is | 13634 |
| hereby created in the state treasury. The moneys held in the fund | 13635 |
| may be used to pay the expenses necessary to operate the division | 13636 |
| of weights and measures, including the purchase of supplies and | 13637 |
| equipment. | 13638 |
| Sec. 901.44. There is hereby created in the state treasury | 13639 |
| the laboratory and administrative support fund. The department of | 13640 |
| agriculture shall deposit the following moneys received by the | 13641 |
| department to the credit of the fund: payment for the rental of | 13642 |
| the department's auditoriums by outside parties and reimbursement | 13643 |
| for related utility expenses, laboratory fees that are not | 13644 |
| designated for deposit into another fund, and other miscellaneous | 13645 |
| moneys that are not designated for deposit into another fund. The | 13646 |
| department may use moneys in the fund to pay costs associated with | 13647 |
| any program of the department as the director of agriculture sees | 13648 |
| fit. | 13649 |
| Sec. 903.05. (A) Each application for a permit to install or | 13650 |
| permit to operate a concentrated animal feeding facility that is | 13651 |
| submitted by an applicant who has not operated a concentrated | 13652 |
| animal feeding facility in this state for at least two of the five | 13653 |
| years immediately preceding the submission of the application | 13654 |
| shall be accompanied by all of the following: | 13655 |
| (1) A listing of all | 13656 |
| that the owner or operator of the proposed new or modified | 13657 |
| concentrated animal feeding facility has operated or is operating | 13658 |
| in this state; | 13659 |
| (2) A listing of the | 13660 |
| that the owner or operator has operated or is operating elsewhere | 13661 |
| in the United States and that are regulated under the Federal | 13662 |
| Water Pollution Control Act together with a listing of the | 13663 |
| 13664 | |
| has operated or is operating outside the United States; | 13665 |
| (3) A listing of all administrative enforcement orders issued | 13666 |
| to the owner or operator, all civil actions in which the owner or | 13667 |
| operator was determined by the trier of fact to be liable in | 13668 |
| damages or was the subject of injunctive relief or another type of | 13669 |
| civil relief, and all criminal actions in which the owner or | 13670 |
| operator pleaded guilty or was convicted, during the five years | 13671 |
| immediately preceding the submission of the application, in | 13672 |
| connection with any violation of the federal Water Pollution | 13673 |
| Control Act, the "Safe Drinking Water Act," as defined in section | 13674 |
| 6109.01 of the Revised Code, or any other applicable state laws | 13675 |
| pertaining to environmental protection that was alleged to have | 13676 |
|
occurred or to be occurring at any | 13677 |
| facility that the owner or operator has operated or is operating | 13678 |
| in the United States or with any violation of the environmental | 13679 |
| laws of another country that was alleged to have occurred or to be | 13680 |
|
occurring at any
| 13681 |
| owner or operator has operated or is operating outside the United | 13682 |
| States. | 13683 |
| The lists of | 13684 |
| by the owner or operator within or outside this state or outside | 13685 |
| the United States shall include, respectively, all such facilities | 13686 |
| operated by the owner or operator during the five-year period | 13687 |
| immediately preceding the submission of the application. | 13688 |
| (B) If the applicant for a permit to install or permit to | 13689 |
| operate has been involved in any prior activity involving the | 13690 |
|
operation of | 13691 |
| director of agriculture may deny the application if the director | 13692 |
| finds from the application, the information submitted under | 13693 |
| divisions (A)(1) to (3) of this section, pertinent information | 13694 |
| submitted to the director, and other pertinent information | 13695 |
| obtained by the director at the director's discretion that the | 13696 |
| applicant and persons associated with the applicant, in the | 13697 |
|
operation of | 13698 |
| history of substantial noncompliance with the Federal Water | 13699 |
| Pollution Control Act, the "Safe Drinking Water Act," as defined | 13700 |
| in section 6109.01 of the Revised Code, any other applicable state | 13701 |
| laws pertaining to environmental protection, or the environmental | 13702 |
| laws of another country that indicates that the applicant lacks | 13703 |
| sufficient reliability, expertise, and competence to operate the | 13704 |
| proposed new or modified concentrated animal feeding facility in | 13705 |
| substantial compliance with this chapter and rules adopted under | 13706 |
| it. | 13707 |
| (C) A person who seeks to acquire a concentrated animal | 13708 |
| feeding facility that has been issued an installation permit that | 13709 |
| has been transferred from the director of environmental protection | 13710 |
| to the director of agriculture, a permit to install, or a permit | 13711 |
| to operate shall submit to the director the information specified | 13712 |
| in divisions (A)(1) to (3) of this section prior to the transfer | 13713 |
| of the permit. The permit shall not be transferred as otherwise | 13714 |
| provided in division (I) of section 903.09 of the Revised Code if | 13715 |
| the director finds from the information submitted under divisions | 13716 |
| (A)(1) to (3) of this section, pertinent information submitted to | 13717 |
| the director, and other pertinent information obtained by the | 13718 |
| director at the director's discretion that the person, in the | 13719 |
|
operation of | 13720 |
| of substantial noncompliance with the Federal Water Pollution | 13721 |
| Control Act, the "Safe Drinking Water Act," as defined in section | 13722 |
| 6109.01 of the Revised Code, any other applicable state laws | 13723 |
| pertaining to environmental protection, or the environmental laws | 13724 |
| of another country that indicates that the person lacks sufficient | 13725 |
| reliability, expertise, and competence to operate the concentrated | 13726 |
| animal feeding facility in substantial compliance with this | 13727 |
| chapter and rules adopted under it. | 13728 |
| Sec. 905.32. (A) No person shall manufacture or distribute | 13729 |
| in this state any type of fertilizer until a license to | 13730 |
| manufacture or distribute has been obtained by the manufacturer or | 13731 |
| distributor from the department of agriculture upon payment of a | 13732 |
| five dollar fee: | 13733 |
| (1) For each fixed (permanent) location at which fertilizer | 13734 |
| is manufactured in this state; | 13735 |
| (2) For each mobile unit used to manufacture fertilizer in | 13736 |
| this state; | 13737 |
| (3) For each location out of the state from which fertilizer | 13738 |
| is distributed in this state to nonlicensees. | 13739 |
| All licenses | 13740 |
| shall be valid for one year beginning on the first day of December | 13741 |
| of a calendar year through the thirtieth day of November of the | 13742 |
| following calendar year. A renewal application for a license shall | 13743 |
| be submitted | 13744 |
| no later than the thirtieth day of
| 13745 |
| person who submits a renewal application for a license after the | 13746 |
|
thirtieth day of | 13747 |
| a late filing fee of ten dollars. | 13748 |
| (B) An application for license shall include: | 13749 |
| (1) The name and address of the licensee; | 13750 |
| (2) The name and address of each bulk distribution point in | 13751 |
| the state, not licensed for fertilizer manufacture and | 13752 |
| distribution. | 13753 |
| The name and address shown on the license shall be shown on | 13754 |
| all labels, pertinent invoices, and bulk storage for fertilizers | 13755 |
| distributed by the licensee in this state. | 13756 |
| (C) The licensee shall inform the director of agriculture in | 13757 |
| writing of additional distribution points established during the | 13758 |
| period of the license. | 13759 |
| Sec. 905.33. (A) Except as provided in division (C) of this | 13760 |
| section, no person shall distribute in this state a specialty | 13761 |
| fertilizer until it is registered by the manufacturer or | 13762 |
| distributor with the department of agriculture. An application, in | 13763 |
| duplicate, for each brand and product name of each grade of | 13764 |
| specialty fertilizer shall be made on a form furnished by the | 13765 |
| director of agriculture and shall be accompanied with a fee of | 13766 |
| fifty dollars for each brand and product name of each grade. | 13767 |
| Labels for each brand and product name of each grade shall | 13768 |
| accompany the application. Upon the approval of an application by | 13769 |
| the director, a copy of the registration shall be furnished the | 13770 |
| applicant. All
registrations | 13771 |
| 13772 | |
| December of a calendar year through the thirtieth day of November | 13773 |
| of the following calendar year. | 13774 |
| (B) An application for registration shall include the | 13775 |
| following: | 13776 |
| (1) Name and address of the manufacturer or distributor; | 13777 |
| (2) The brand and product name; | 13778 |
| (3) The grade; | 13779 |
| (4) The guaranteed analysis; | 13780 |
| (5) The package sizes for persons that package fertilizers | 13781 |
| only in containers of ten pounds or less. | 13782 |
| (C)(1) No person who engages in the business of applying | 13783 |
| custom mixed fertilizer to lawns, golf courses, recreation areas, | 13784 |
| or other real property that is not used for agricultural | 13785 |
| production shall be required to register the custom mixed | 13786 |
| fertilizer as a specialty fertilizer in accordance with division | 13787 |
| (A) of this section if the fertilizer ingredients of the custom | 13788 |
| mixed fertilizer are registered as specialty fertilizers and the | 13789 |
| inspection fee described in division (A) of section 905.36 of the | 13790 |
| Revised Code is paid. | 13791 |
| (2) No person who engages in the business of blending custom | 13792 |
| mixed fertilizer for use on lawns, golf courses, recreation areas, | 13793 |
| or other real property that is not used for agricultural | 13794 |
| production shall be required to register the custom mixed | 13795 |
| fertilizer as a specialty fertilizer in accordance with division | 13796 |
| (A) of this section if the facility holds a nonagricultural | 13797 |
| production custom mixed fertilizer blender license issued under | 13798 |
| section 905.331 of the Revised Code. | 13799 |
| (D) A person who engages in the business of applying or | 13800 |
| blending custom mixed fertilizer as described in division (C) of | 13801 |
| this section shall maintain an original or a copy of an invoice or | 13802 |
| document of sale for all fertilizer the person applies or | 13803 |
| distributes for one year following the date of the application or | 13804 |
| distribution, and, upon the director's request, shall furnish the | 13805 |
| director with the invoice or document of sale for the director's | 13806 |
| review. | 13807 |
| Sec. 905.331. No person who engages in the business of | 13808 |
| blending a custom mixed fertilizer for use on lawns, golf courses, | 13809 |
| recreation areas, or other real property that is not used for | 13810 |
| agricultural production shall fail to register a specialty | 13811 |
| fertilizer in accordance with division (A) of section 905.33 of | 13812 |
| the
Revised Code
unless the person has obtained | 13813 |
| nonagricultural production custom mixed fertilizer blender license | 13814 |
| from the director of agriculture. | 13815 |
| A license issued under this section shall be valid from the | 13816 |
| first day of December of a calendar year through the thirtieth day | 13817 |
| of November of the following calendar year. A renewal application | 13818 |
| for a nonagricultural production custom mixed fertilizer blender | 13819 |
| license shall be submitted to the director | 13820 |
| 13821 | |
| 13822 | |
| the applicant and of the premises where the blending occurs and a | 13823 |
| one-hundred-dollar fee. A person who submits a renewal application | 13824 |
| for a
license after the thirtieth day of
| 13825 |
| include with the application a late filing fee of ten dollars. All | 13826 |
| nonagricultural production custom mixed fertilizer blender | 13827 |
|
licenses expire on the thirtieth day of | 13828 |
| year. | 13829 |
| A person holding a nonagricultural production custom mixed | 13830 |
| fertilizer blender license shall pay the inspection fees described | 13831 |
| in division (A) of section 905.36 of the Revised Code for each | 13832 |
| product being blended. | 13833 |
| Sec. 905.36. (A) A licensee or registrant, except | 13834 |
| registrants who package specialty fertilizers only in containers | 13835 |
| of ten pounds or less, shall pay the director of agriculture for | 13836 |
| all fertilizers distributed in this state an inspection fee at the | 13837 |
| rate of | 13838 |
| cents per metric ton. Licensees and registrants shall specify on | 13839 |
| an invoice whether the per ton inspection fee has been paid or | 13840 |
| whether payment of the fee is the responsibility of the purchaser | 13841 |
| of the fertilizer. The payment of this inspection fee by a | 13842 |
| licensee or registrant shall exempt all other persons from the | 13843 |
| payment of this fee. | 13844 |
| (B) Every licensee or registrant
shall file | 13845 |
| 13846 | |
| the number of net tons or metric tons of fertilizer distributed to | 13847 |
| nonlicensees or nonregistrants in this state by grade; packaged; | 13848 |
| bulk, dry or liquid | 13849 |
| 13850 | |
| 13851 | |
| the thirtieth day of November of each calendar year and shall | 13852 |
| include data from the period beginning on the first day of | 13853 |
| November of the year preceding the year in which the report is due | 13854 |
| through the thirty-first day of October of the year in which the | 13855 |
| report is due. The licensee or registrant, except registrants who | 13856 |
| package specialty fertilizers only in containers of ten pounds or | 13857 |
| less, shall include with this statement the inspection fee at the | 13858 |
| rate stated in division (A) of this section. For a tonnage report | 13859 |
| that is not filed or payment of inspection fees that is not made | 13860 |
| 13861 | |
| November of the applicable calendar year, a penalty of fifty | 13862 |
| dollars or ten per cent of the amount due, whichever is greater, | 13863 |
| shall be assessed against the licensee or registrant. The amount | 13864 |
| of fees due, plus penalty, shall constitute a debt and become the | 13865 |
| basis of a judgment against the licensee or registrant. For | 13866 |
| tonnage reports found to be incorrect, a penalty of fifteen per | 13867 |
| cent of the amount due shall be assessed against the licensee or | 13868 |
| registrant and shall constitute a debt and become the basis of a | 13869 |
| judgment against the licensee or registrant. | 13870 |
| (C) No information furnished under this section shall be | 13871 |
| disclosed by any employee of the department of agriculture in such | 13872 |
| a way as to divulge the operation of any person required to make | 13873 |
| such a report. The filing by a licensee or registrant of a sales | 13874 |
| volume tonnage statement required by division (B) of this section | 13875 |
| thereby grants permission to the director to verify the same with | 13876 |
| the records of the licensee or registrant. | 13877 |
| Sec. 905.37. (A) The director of agriculture | 13878 |
| distribute annual statements of fertilizer sales by grades of | 13879 |
| materials and mixed fertilizer by counties, in a manner prescribed | 13880 |
| by the director. | 13881 |
| (B) The director | 13882 |
| of the analysis of fertilizers inspected. | 13883 |
| (C) The director may distribute a state fertilizer usage | 13884 |
| report by grade of materials and mixed fertilizers for each month. | 13885 |
| Sec. 905.38. The commercial feed, fertilizer, seed, and lime | 13886 |
| inspection and laboratory fund is hereby created in the state | 13887 |
| treasury. All moneys collected by the director of agriculture | 13888 |
| under sections 905.31 to 905.50 of the Revised Code, shall be | 13889 |
| deposited into the fund. Moneys credited to the fund under this | 13890 |
| section and sections 905.66, 907.16, and 923.46 of the Revised | 13891 |
| Code shall be used for administering and enforcing this chapter | 13892 |
| and
| 13893 |
| adopted under them. | 13894 |
| Sec. 905.381. The director of agriculture shall keep | 13895 |
| accurate accounts of all receipts and disbursements from the | 13896 |
| commercial feed, fertilizer, seed, and lime inspection and | 13897 |
| laboratory fund, and shall prepare, and provide upon request, an | 13898 |
| annual report classifying the receipts and disbursements as | 13899 |
| pertaining to either feed, fertilizer, seed, or lime. | 13900 |
| Sec. 905.50. If the director of agriculture has taken an | 13901 |
| official sample of a fertilizer or mixed fertilizer and determined | 13902 |
| that it constitutes mislabeled fertilizer pursuant to rules | 13903 |
| adopted under section 905.40 of the Revised Code, the person who | 13904 |
| labeled the fertilizer or mixed fertilizer shall pay a penalty to | 13905 |
| the consumer of the mislabeled fertilizer or, if the consumer | 13906 |
| cannot be determined with reasonable diligence or is not | 13907 |
| available, to the director for deposit into the commercial feed, | 13908 |
| fertilizer, seed, and lime inspection and laboratory fund created | 13909 |
| under section 905.38 of the Revised Code. The amount of the | 13910 |
| penalty shall be calculated in accordance with either division (A) | 13911 |
| or (B) of this section, whichever method of calculation yields the | 13912 |
| largest amount. | 13913 |
| (A)(1) A penalty required to be paid under this section may | 13914 |
| be calculated as follows: | 13915 |
| (a) Five dollars for each percentage point of total nitrogen | 13916 |
| or phosphorus in the fertilizer that is below the percentage of | 13917 |
| nitrogen or phosphorus guaranteed on the label, multiplied by the | 13918 |
| number of tons of mislabeled fertilizer that have been sold to the | 13919 |
| consumer; | 13920 |
| (b) Three dollars for each percentage point of potash in the | 13921 |
| fertilizer that is below the percentage of potash guaranteed on | 13922 |
| the label, multiplied by the number of tons of mislabeled | 13923 |
| fertilizer that have been sold to the consumer. | 13924 |
| (2) In the case of a fertilizer that contains a quantity of | 13925 |
| nitrogen, phosphorus, or potash that is more than five percentage | 13926 |
| points below the percentages guaranteed on the label, the | 13927 |
| penalties calculated under division (A)(1) of this section shall | 13928 |
| be tripled. | 13929 |
| (3) No penalty calculated under division (A) of this section | 13930 |
| shall be less than twenty-five dollars. | 13931 |
| (B) A penalty required to be paid under this section may be | 13932 |
| calculated by multiplying the market value of one unit of the | 13933 |
| mislabeled fertilizer by the number of units of the mislabeled | 13934 |
| fertilizer that have been sold to the consumer. | 13935 |
| (C) Upon making a determination under this section that a | 13936 |
| person has mislabeled fertilizer or mixed fertilizer, the director | 13937 |
| shall determine the parties to whom the penalty imposed by this | 13938 |
| section is required to be paid and, in accordance with division | 13939 |
| (A) or (B) of this section, as applicable, shall calculate the | 13940 |
| amount of the penalty required to be paid to each such party. | 13941 |
| After completing those determinations and calculations, the | 13942 |
| director shall issue to the person who allegedly mislabeled the | 13943 |
| fertilizer or mixed fertilizer a notice of violation. The notice | 13944 |
| shall be accompanied by an order requiring, and specifying the | 13945 |
| manner of, payment of the penalty imposed by this section to the | 13946 |
| parties in the amounts set forth in the determinations and | 13947 |
| calculations required by this division. The order shall be issued | 13948 |
| in accordance with Chapter 119. of the Revised Code. | 13949 |
| No person shall violate a term or condition of an order | 13950 |
| issued under this division. | 13951 |
| Sec. 905.501. (A) As used in this section | 13952 |
| (1) "Political subdivision" means a county, township, or | 13953 |
| municipal corporation and any other body corporate and politic | 13954 |
| that is responsible for government activities in a geographic area | 13955 |
| smaller than that of the state. | 13956 |
| (2) "Local legislation" includes, but is not limited to, an | 13957 |
| ordinance, resolution, regulation, rule, motion, or amendment that | 13958 |
| is enacted or adopted by a political subdivision. | 13959 |
| (B)(1) No political subdivision shall regulate the | 13960 |
| registration, packaging, labeling, sale, storage, distribution, | 13961 |
| use, or application of fertilizer, or require a person licensed or | 13962 |
| registered under sections 905.31 to 905.99 of the Revised Code to | 13963 |
| obtain a license or permit to operate in a manner described in | 13964 |
| those sections, or to satisfy any other condition except as | 13965 |
| provided by a statute or rule of this state or of the United | 13966 |
| States. | 13967 |
| (2) No political subdivision shall enact, adopt, or continue | 13968 |
| in effect local legislation relating to the registration, | 13969 |
| packaging, labeling, sale, storage, distribution, use, or | 13970 |
| application of fertilizers. | 13971 |
| Sec. 905.66. All moneys collected by the director of | 13972 |
| agriculture under sections 905.51 to 905.65 of the Revised Code | 13973 |
| shall be deposited into the commercial feed, fertilizer, seed, and | 13974 |
| lime inspection and laboratory fund created under section 905.38 | 13975 |
| of the Revised Code. | 13976 |
| The director shall prepare and provide a report concerning | 13977 |
| the fund in accordance with section 905.381 of the Revised Code. | 13978 |
| Sec. 907.111. (A) The department of agriculture has sole and | 13979 |
| exclusive authority to regulate the registration, labeling, sale, | 13980 |
| storage, transportation, distribution, notification of use, use, | 13981 |
| and planting of seed within the state. The regulation of seed is a | 13982 |
| matter of general statewide interest that requires uniform | 13983 |
| statewide regulation, and this chapter and rules adopted under it | 13984 |
| constitute a comprehensive plan with respect to all aspects of the | 13985 |
| regulation of seed within this state. | 13986 |
| (B) No political subdivision shall do any of the following: | 13987 |
| (1) Regulate the registration, labeling, sale, storage, | 13988 |
| transportation, distribution, notification of use, use, or | 13989 |
| planting of seed; | 13990 |
| (2) Require a person who has been issued a permit or license | 13991 |
| under this chapter to obtain a permit or license to operate in a | 13992 |
| manner described in this chapter or to satisfy any other condition | 13993 |
| except as provided by a statute or rule of this state or of the | 13994 |
| United States; | 13995 |
| (3) Require a person who has registered a legume innoculant | 13996 |
| under this chapter to register that innoculant in a manner | 13997 |
| described in this chapter or to satisfy any other condition except | 13998 |
| as provided by a statute or rule of this state or of the United | 13999 |
| States. | 14000 |
| (C) No political subdivision shall enact, adopt, or continue | 14001 |
| in effect local legislation relating to the permitting or | 14002 |
| licensure of any person who is required to obtain a permit or | 14003 |
| license under this chapter or to the registration, labeling, sale, | 14004 |
| storage, transportation, distribution, notification of use, use, | 14005 |
| or planting of seed. | 14006 |
| (D) As used in this section, "political subdivision" and | 14007 |
| "local legislation" have the same meanings as in section 905.501 | 14008 |
| of the Revised Code. | 14009 |
| Sec. 907.16. All money collected by the director of | 14010 |
| agriculture under sections 907.01 to 907.17 of the Revised Code | 14011 |
| shall be deposited into the treasury of the state to the credit of | 14012 |
| the commercial feed, fertilizer, seed, and lime inspection and | 14013 |
| laboratory fund | 14014 |
| 14015 | |
| 14016 | |
| Revised Code. | 14017 |
| Sec. 913.02. No person, firm, or corporation shall engage in | 14018 |
| the business of operating a cannery without obtaining a license | 14019 |
| for the operation of each cannery from the director of | 14020 |
| agriculture. | 14021 |
| In order to obtain a license, an application shall be made on | 14022 |
| a form prescribed by the director and shall be accompanied by a | 14023 |
| fee of | 14024 |
| an investigation to be made. If the applicant is supplied with the | 14025 |
| facilities necessary for complying with sections 913.01 to 913.05 | 14026 |
| of the Revised Code and rules adopted under them, a license shall | 14027 |
| be issued and shall be effective until the thirtieth day of June, | 14028 |
| and shall become invalid on that date unless renewed. The fee for | 14029 |
| each renewal is | 14030 |
| fees shall be deposited to the credit of the food safety fund | 14031 |
| created in section 915.24 of the Revised Code. | 14032 |
| The director may suspend or revoke any license for failure to | 14033 |
| comply with sections 913.01 to 913.05 of the Revised Code, or any | 14034 |
| rule or order adopted under those sections. In such event, the | 14035 |
| cannery immediately shall cease operation. | 14036 |
| Sec. 913.23. (A) The director of agriculture may issue | 14037 |
| licenses as required by sections 913.22 to 913.28 of the Revised | 14038 |
| Code, may make the inspections and registrations required by those | 14039 |
| sections, and may prescribe the form of application to be filed | 14040 |
| under this section. | 14041 |
| (B) No person shall manufacture or bottle for sale within | 14042 |
| this state any soft drink in closed containers unless the person | 14043 |
| has a license issued by the director. Upon receipt of an | 14044 |
| application for such a license, the director shall examine the | 14045 |
| products and the place of manufacture where the business is to be | 14046 |
| conducted, to determine whether the products and place comply with | 14047 |
| sections 913.22 to 913.28 of the Revised Code. Upon finding there | 14048 |
| is
compliance, and upon payment of a license fee of | 14049 |
| hundred dollars, the director shall issue a license authorizing | 14050 |
| the applicant to manufacture or bottle for sale such soft drinks, | 14051 |
| subject to sections 913.22 to 913.28 of the Revised Code. The | 14052 |
| license shall expire on the last day of March of each year unless | 14053 |
| renewed. | 14054 |
| (C) No soft drink that is manufactured or bottled out of the | 14055 |
| state shall be sold or offered for sale within this state unless | 14056 |
| the soft drink and the plant in which the soft drink is | 14057 |
| manufactured or bottled are found by the director to comply with | 14058 |
| sections 913.22
to 913.28 of the Revised Code, and | 14059 |
| registered by the director, which shall be upon a like application | 14060 |
| as provided in division (B) of this section. | 14061 |
| An annual registration fee of | 14062 |
| be paid to the director by each applicant under this division. The | 14063 |
| registration shall be renewed annually, and the registration fee | 14064 |
| paid with the application for annual renewal. | 14065 |
| Registration of out-of-state soft drink manufacturers or | 14066 |
| bottlers or syrup and extract manufacturers is not required if a | 14067 |
| reciprocal agreement is in effect whereby a soft drink | 14068 |
| manufacturer or bottler or syrup and extract manufacturer located | 14069 |
| in this state is not subject to a license or registration fee by | 14070 |
| another state or a political subdivision thereof. | 14071 |
| (D) No person, other than a manufacturer or bottler holding a | 14072 |
| soft drink plant license under this section, shall sell, offer for | 14073 |
| sale, use, or have in the person's possession with intent to sell, | 14074 |
| any soda water syrup or extract or soft drink syrup, to be used in | 14075 |
| making, drawing, or dispensing soda water or other soft drinks, | 14076 |
| without first registering the person's name and address, the name | 14077 |
| and address of the manufacturer of the syrup or extract, the | 14078 |
| number and variety of such syrups or extracts intended to be sold, | 14079 |
| and the trade name or brand of those products, with the director, | 14080 |
| together with such samples of the syrups or extracts as the | 14081 |
| director requests for analysis. The person also shall pay to the | 14082 |
| department of agriculture at the time of making registration a | 14083 |
| license fee of
| 14084 |
| granted by the director unless the director determines that the | 14085 |
| syrup or extract is free from all harmful drugs and other | 14086 |
| ingredients that, as used, may be injurious to health. The | 14087 |
| registration shall be renewed annually upon like terms. If any | 14088 |
| manufacturer, bottler, agent, or seller is licensed or has | 14089 |
| registered the manufacturer's, bottler's, agent's, or seller's | 14090 |
| name and product as required by this section and has paid the | 14091 |
| manufacturer's, bottler's, agent's, or seller's fee, the | 14092 |
| manufacturer's, bottler's, agent's, or seller's distributor, | 14093 |
| retail agent, or retail seller using the products shall not be | 14094 |
| required to pay that fee. This section does not apply to local | 14095 |
| sellers of soft drinks as to syrups and extracts made by | 14096 |
| themselves for their own use exclusively. | 14097 |
| (E) All moneys received under sections 913.22 to 913.28 of | 14098 |
| the Revised Code shall be deposited with the treasurer of state to | 14099 |
| the credit of the food safety fund created in section 915.24 of | 14100 |
| the Revised Code. | 14101 |
| (F) The director may revoke any license or registration | 14102 |
| issued under sections 913.22 to 913.28 of the Revised Code, | 14103 |
| whenever the director determines that those sections have been | 14104 |
| violated. When a license has been revoked, the licensee shall | 14105 |
| discontinue the manufacture and sale of soft drinks or other | 14106 |
| products for which the license was issued. When a registration has | 14107 |
| been revoked, the registrant shall discontinue the sale within | 14108 |
| this state of the registrant's products until those sections have | 14109 |
| been complied with and a new license or registration has been | 14110 |
| issued. The director may suspend any such license or registration | 14111 |
| temporarily, pending compliance with such conditions required by | 14112 |
| those sections as the director prescribes. | 14113 |
| Sec. 915.02. No person, firm, or corporation shall operate a | 14114 |
| cold-storage warehouse, for hire, without a license issued by the | 14115 |
| director of agriculture.
| 14116 |
| written application stating the location
of | 14117 |
| Upon receipt of the application the director shall cause an | 14118 |
| examination to be made into the sanitary conditions of | 14119 |
| warehouse. If it is found to be in a sanitary condition and | 14120 |
| properly equipped for the purpose of cold storage, the director | 14121 |
| shall cause a license to be issued authorizing the applicant to | 14122 |
| operate a warehouse. No license shall be issued until the | 14123 |
| applicant has paid to the director the sum of | 14124 |
| dollars.
| 14125 |
| of each year and becomes invalid on that date unless renewed. A | 14126 |
| license shall be required for each separate warehouse building. | 14127 |
| Sec. 915.16. The license fee for an establishment is | 14128 |
| 14129 | |
| with a cold-storage warehouse holding a license under section | 14130 |
| 915.02 of the Revised Code is not required to secure an additional | 14131 |
| license
under section 915.15 of the Revised Code so long as | 14132 |
| operator continues to be licensed as a cold-storage warehouse; but | 14133 |
| 14134 | |
| 14135 | |
| promulgated thereunder. The license issued shall be in such form | 14136 |
| as the department of agriculture prescribes. Licenses shall be | 14137 |
| valid until the last day of November following initial issuance or | 14138 |
| renewal and shall become invalid on that date unless renewed. The | 14139 |
| original license or a certified copy thereof shall be | 14140 |
| conspicuously displayed by the operator in the establishment. | 14141 |
| Sec. 915.24. (A) There is hereby created in the state | 14142 |
| treasury the food safety fund. All of the following moneys shall | 14143 |
| be credited to the fund: | 14144 |
| (1) Bakery registration fees and fines received under | 14145 |
| sections 911.02 to 911.20 of the Revised Code; | 14146 |
| (2) Cannery license fees and renewal fees received under | 14147 |
| sections 913.01 to 913.05 of the Revised Code; | 14148 |
| (3) Moneys received under sections 913.22 to 913.28 of the | 14149 |
| Revised Code; | 14150 |
| (4) License fees, fines, and penalties recovered for the | 14151 |
| violation of sections 915.01 to 915.12 of the Revised Code; | 14152 |
| (5) License fees collected under sections 915.14 to 915.23 of | 14153 |
| the Revised Code; | 14154 |
| (6) License fees, other fees, and fines collected by or for | 14155 |
| the director of agriculture under Chapter 3717. of the Revised | 14156 |
| Code; | 14157 |
| (7) Fees collected under section 3715.04 of the Revised Code | 14158 |
| for the issuance of certificates of health and freesale. | 14159 |
| (B) The director of agriculture shall use the moneys | 14160 |
| deposited into the food safety fund to administer and enforce the | 14161 |
| laws pursuant to which the moneys were collected. | 14162 |
| Sec. 921.02. (A) No person shall distribute a pesticide | 14163 |
| within this state unless the pesticide is registered with the | 14164 |
| director of agriculture under this chapter. Registrations shall be | 14165 |
| issued for a period of time established by rule and shall be | 14166 |
| renewed in accordance with deadlines established by rule. | 14167 |
| Registration is not required if a pesticide is shipped from one | 14168 |
| plant or warehouse to another plant or warehouse operated by the | 14169 |
| same person and used solely at that plant or warehouse as a | 14170 |
| constituent part to make a pesticide that is registered under this | 14171 |
| chapter, or if the pesticide is distributed under the provisions | 14172 |
| of an experimental use permit issued under section 921.03 of the | 14173 |
| Revised Code or an experimental use permit issued by the United | 14174 |
| States environmental protection agency. | 14175 |
| (B) The applicant for registration of a pesticide shall file | 14176 |
| a statement with the director on a form provided by the director, | 14177 |
| which shall include all of the following: | 14178 |
| (1) The name and address of the applicant and the name and | 14179 |
| address of the person whose name will appear on the label, if | 14180 |
| other than the applicant's name; | 14181 |
| (2) The brand and product name of the pesticide; | 14182 |
| (3) Any necessary information required for completion of the | 14183 |
| department of agriculture's application for registration, | 14184 |
| including the agency registration number; | 14185 |
| (4) A complete copy of the labeling accompanying the | 14186 |
| pesticide and a statement of all claims to be made for it, | 14187 |
| including the directions for use and the use classification as | 14188 |
| provided for in the federal act. | 14189 |
| (C) The director, when the director considers it necessary in | 14190 |
| the administration of this chapter, may require the submission of | 14191 |
| the complete formula of any pesticide including the active and | 14192 |
| inert ingredients. | 14193 |
| (D) The director may require a full description of the tests | 14194 |
| made and the results thereof upon which the claims are based for | 14195 |
| any pesticide. The director shall not consider any data submitted | 14196 |
| in support of an application, without permission of the applicant, | 14197 |
| in support of any other application for registration unless the | 14198 |
| other applicant first has offered to pay reasonable compensation | 14199 |
| for producing the test data to be relied upon and the data are not | 14200 |
| protected from disclosure by section 921.04 of the Revised Code. | 14201 |
| In the case of a renewal of registration, a statement shall be | 14202 |
| required only with respect to information that is different from | 14203 |
| that furnished when the pesticide was registered or last | 14204 |
| registered. | 14205 |
| (E) The director may require any other information to be | 14206 |
| submitted with an application. | 14207 |
| Any applicant may designate any portion of the required | 14208 |
| registration information as a trade secret or confidential | 14209 |
| business information. Upon receipt of any required registration | 14210 |
| information designated as a trade secret or confidential business | 14211 |
| information, the director shall consider the designated | 14212 |
| information as confidential and shall not reveal or cause to be | 14213 |
| revealed any such designated information without the consent of | 14214 |
| the applicants, except to persons directly involved in the | 14215 |
| registration process described in this section or as required by | 14216 |
| law. | 14217 |
| (F) | 14218 |
| a registration and
inspection
fee
| 14219 |
| hundred fifty dollars for each product name and brand registered | 14220 |
| for the company whose name appears on the label. If an applicant | 14221 |
| files for a renewal of registration after the deadline established | 14222 |
| by rule, the
applicant shall pay a
penalty fee
| 14223 |
| of seventy-five dollars for each product name and brand registered | 14224 |
| for the applicant. The penalty fee shall be added to the original | 14225 |
| fee and paid before the renewal registration is issued. In | 14226 |
| addition to any other remedy available under this chapter, if a | 14227 |
| pesticide that is not registered pursuant to this section is | 14228 |
| distributed within this state, the person required to register the | 14229 |
|
pesticide
shall do so
and shall pay a
penalty fee
| 14230 |
| 14231 | |
| registered for the applicant. The penalty fee shall be added to | 14232 |
| the original fee of one hundred fifty dollars and paid before the | 14233 |
| registration is issued. | 14234 |
| (G) Provided that the state is authorized by the | 14235 |
| administrator of the United States environmental protection agency | 14236 |
| to register pesticides to meet special local needs, the director | 14237 |
| shall require the information set forth under divisions (B), (C), | 14238 |
| (D), and (E) of this section and shall register any such pesticide | 14239 |
| after determining that all of the following conditions are met: | 14240 |
| (1) Its composition is such as to warrant the proposed claims | 14241 |
| for it. | 14242 |
| (2) Its labeling and other material required to be submitted | 14243 |
| comply with the requirements of the federal act and of this | 14244 |
| chapter, and rules adopted thereunder. | 14245 |
| (3) It will perform its intended function without | 14246 |
| unreasonable adverse effects on the environment. | 14247 |
| (4) When used in accordance with widespread and commonly | 14248 |
| recognized practice, it will not generally cause unreasonable | 14249 |
| adverse effects on the environment. | 14250 |
| (5) The classification for general or restricted use is in | 14251 |
| conformity with the federal act. | 14252 |
| The director shall not make any lack of essentiality a | 14253 |
| criterion for denying the registration of any pesticide. When two | 14254 |
| pesticides meet the requirements of division (G) of this section, | 14255 |
| the director shall not register one in preference to the other. | 14256 |
| (H)(1) The director may refuse to register a pesticide if the | 14257 |
| application for registration fails to comply with this section. | 14258 |
| (2) The director may suspend or revoke a pesticide | 14259 |
| registration after a hearing in accordance with Chapter 119. of | 14260 |
| the Revised Code for a pesticide that fails to meet the claims | 14261 |
| made for it on its label. | 14262 |
| (3) The director may immediately suspend a pesticide | 14263 |
| registration, prior to a hearing, when the director believes that | 14264 |
| the pesticide poses an immediate hazard to human or animal health | 14265 |
| or a hazard to the environment. Not later than fifteen days after | 14266 |
| suspending the registration, the director shall determine whether | 14267 |
| the pesticide poses such a hazard. If the director determines that | 14268 |
| no hazard exists, the director shall lift the suspension of the | 14269 |
| registration. If the director determines that a hazard exists, the | 14270 |
| director shall revoke the registration in accordance with Chapter | 14271 |
| 119. of the Revised Code. | 14272 |
| Sec. 921.16. (A) The director of agriculture shall adopt | 14273 |
| rules the director determines necessary for the effective | 14274 |
| enforcement and administration of this chapter. The rules may | 14275 |
| relate to, but are not limited to, the time, place, manner, and | 14276 |
| methods of application, materials, and amounts and concentrations | 14277 |
| of application of pesticides, may restrict or prohibit the use of | 14278 |
| pesticides in designated areas during specified periods of time, | 14279 |
| and shall encompass all reasonable factors that the director | 14280 |
| determines necessary to minimize or prevent damage to the | 14281 |
|
environment. In
addition, the
rules shall establish the
| 14282 |
|
deadlines | 14283 |
| renewal, late registration renewal, and failure to register under | 14284 |
| section 921.02 of the Revised Code; the fees for registration, | 14285 |
| registration renewal, late registration renewal, and failure to | 14286 |
| register under section 921.02 of the Revised Code that shall apply | 14287 |
| until the fees that are established under that section take effect | 14288 |
| on January 1, 2007; and the fees, deadlines, and time periods for | 14289 |
| licensure and license renewal under sections 921.06, 921.09, | 14290 |
|
921.11, and 921.13 of the Revised
Code. | 14291 |
| 14292 | |
| 14293 | |
| 14294 | |
| 14295 | |
| 14296 |
| (B) The director shall adopt rules that establish a schedule | 14297 |
| of civil penalties for violations of this chapter, or any rule or | 14298 |
| order adopted or issued under it, provided that the civil penalty | 14299 |
| for a first violation shall not exceed five thousand dollars and | 14300 |
| the civil penalty for each subsequent violation shall not exceed | 14301 |
| ten thousand dollars. In determining the amount of a civil penalty | 14302 |
| for a violation, the director shall consider factors relevant to | 14303 |
| the severity of the violation, including past violations and the | 14304 |
| amount of actual or potential damage to the environment or to | 14305 |
| human beings. | 14306 |
| (C) The director shall adopt rules that set forth the | 14307 |
| conditions under which the director: | 14308 |
| (1) Requires that notice or posting be given of a proposed | 14309 |
| application of a pesticide; | 14310 |
| (2) Requires inspection, condemnation, or repair of equipment | 14311 |
| used to apply a pesticide; | 14312 |
| (3) Will suspend, revoke, or refuse to issue any pesticide | 14313 |
| registration for a violation of this chapter; | 14314 |
| (4) Requires safe handling, transportation, storage, display, | 14315 |
| distribution, and disposal of pesticides and their containers; | 14316 |
| (5) Ensures the protection of the health and safety of | 14317 |
| agricultural workers storing, handling, or applying pesticides, | 14318 |
| and all residents of agricultural labor camps, as that term is | 14319 |
| defined in section 3733.41 of the Revised Code, who are living or | 14320 |
| working in the vicinity of pesticide-treated areas; | 14321 |
| (6) Requires a record to be kept of all pesticide | 14322 |
| applications made by each commercial applicator and by any trained | 14323 |
| serviceperson acting under the commercial applicator's direct | 14324 |
| supervision and of all restricted use pesticide applications made | 14325 |
| by each private applicator and by any immediate family member or | 14326 |
| subordinate employee of that private applicator who is acting | 14327 |
| under the private applicator's direct supervision as required | 14328 |
| under section 921.14 of the Revised Code; | 14329 |
| (7) Determines the pesticide-use categories of diagnostic | 14330 |
| inspections that must be conducted by a commercial applicator; | 14331 |
| (8) Requires a record to be kept of all diagnostic | 14332 |
| inspections conducted by each commercial applicator and by any | 14333 |
| trained service person. | 14334 |
| (D) The director shall prescribe standards for the licensure | 14335 |
| of applicators of pesticides consistent with those prescribed by | 14336 |
| the federal act and the regulations adopted under it or prescribe | 14337 |
| standards that are more restrictive than those prescribed by the | 14338 |
| federal act and the regulations adopted under it. The standards | 14339 |
| may relate to the use of a pesticide or to an individual's | 14340 |
| pesticide-use category. | 14341 |
| The director shall take into consideration standards of the | 14342 |
| United States environmental protection agency. | 14343 |
| (E) The director may adopt rules setting forth the conditions | 14344 |
| under which the director will: | 14345 |
| (1) Collect and examine samples of pesticides or devices; | 14346 |
| (2) Specify classes of devices that shall be subject to this | 14347 |
| chapter; | 14348 |
| (3) Prescribe other necessary registration information. | 14349 |
| (F) The director may adopt rules that do either or both of | 14350 |
| the following: | 14351 |
| (1) Designate, in addition to those restricted uses so | 14352 |
| classified by the administrator of the United States environmental | 14353 |
| protection agency, restricted uses of pesticides for the state or | 14354 |
| for designated areas within the state and, if the director | 14355 |
| considers it necessary, to further restrict such use; | 14356 |
| (2) Define what constitutes "acting under the instructions | 14357 |
| and control of a commercial applicator" as used in the definition | 14358 |
| of "direct supervision" in division (Q)(1) of section 921.01 of | 14359 |
| the Revised Code. In adopting a rule under division (F)(2) of this | 14360 |
| section, the director shall consider the factors associated with | 14361 |
| the use of pesticide in the various pesticide-use categories. | 14362 |
| Based on consideration of the factors, the director may define | 14363 |
| "acting under the instructions and control of a commercial | 14364 |
| applicator" to include communications between a commercial | 14365 |
| applicator and a trained serviceperson that are conducted via | 14366 |
| landline telephone or a means of wireless communication. Any rules | 14367 |
| adopted under division (F)(2) of this section shall be drafted in | 14368 |
| consultation with representatives of the pesticide industry. | 14369 |
| (G) Except as provided in division (D) of this section, the | 14370 |
| director shall not adopt any rule under this chapter that is | 14371 |
| inconsistent with the requirements of the federal act and | 14372 |
| regulations adopted thereunder. | 14373 |
| (H) The director, after notice and opportunity for hearing, | 14374 |
| may declare as a pest any form of plant or animal life, other than | 14375 |
| human beings and other than bacteria, viruses, and other | 14376 |
| microorganisms on or in living human beings or other living | 14377 |
| animals, that is injurious to health or the environment. | 14378 |
| (I) The director may make reports to the United States | 14379 |
| environmental protection agency, in the form and containing the | 14380 |
| information the agency may require. | 14381 |
| (J) The director shall adopt rules for the application, use, | 14382 |
| storage, and disposal of pesticides if, in the director's | 14383 |
| judgment, existing programs of the United States environmental | 14384 |
| protection agency necessitate such rules or pesticide labels do | 14385 |
| not sufficiently address issues or situations identified by the | 14386 |
| department of agriculture or interested state agencies. | 14387 |
| (K) The director shall adopt rules establishing all of the | 14388 |
| following: | 14389 |
| (1) Standards, requirements, and procedures for the | 14390 |
| examination and re-examination of commercial applicators and | 14391 |
| private applicators; | 14392 |
| (2) With respect to training programs that the director may | 14393 |
| require commercial applicators and private applicators to | 14394 |
| complete: | 14395 |
| (a) Standards and requirements that a training program must | 14396 |
| satisfy in order to be offered by the director or the director's | 14397 |
| representative or in order to be approved by the director if a | 14398 |
| third party wishes to offer it; | 14399 |
| (b) Eligibility standards and requirements that must be | 14400 |
| satisfied by third parties who wish to provide the training | 14401 |
| programs; | 14402 |
| (c) Procedures that third parties must follow in order to | 14403 |
| submit a proposed training program to the director for approval; | 14404 |
| (d) Criteria that the director must consider when determining | 14405 |
| whether to authorize a commercial applicator or private applicator | 14406 |
| to participate in a training program instead of being required to | 14407 |
| pass a re-examination. | 14408 |
| (3) Training requirements for a trained serviceperson. | 14409 |
| (L) The director shall adopt all rules under this chapter in | 14410 |
| accordance with Chapter 119. of the Revised Code. | 14411 |
| Sec. 923.44. (A)(1) Except as otherwise provided in | 14412 |
| divisions (A)(2), (3), and (4) of this section, the first | 14413 |
| distributor of a commercial feed shall pay the director of | 14414 |
|
agriculture a semiannual inspection fee at the rate of | 14415 |
| twenty-five cents
per ton, with a minimum payment of | 14416 |
| twenty-five dollars, on all commercial
feeds distributed by | 14417 |
| the first distributor in this state. | 14418 |
| (2) The semiannual inspection fee required under division | 14419 |
| (A)(1) of this section shall not be paid by the first distributor | 14420 |
| of a commercial feed if the distribution is made to an exempt | 14421 |
| buyer who shall be responsible for the fee. The director shall | 14422 |
| establish an exempt list consisting of those buyers who are | 14423 |
| responsible for the fee. | 14424 |
| (3) The semiannual inspection fee shall not be paid on a | 14425 |
| commercial feed if the fee has been paid by a previous | 14426 |
| distributor. | 14427 |
| (4) The semiannual inspection fee shall not be paid on | 14428 |
| customer-formula feed if the fee has been paid on the commercial | 14429 |
|
feeds | 14430 |
| feed. | 14431 |
| (B) Each distributor or exempt buyer who is required to pay a | 14432 |
| fee under division (A)(1) or (2) of this section shall file a | 14433 |
| semiannual statement with the director that includes the number of | 14434 |
| net tons of commercial feed distributed by | 14435 |
| exempt buyer in this state, within thirty days after the thirtieth | 14436 |
| day of June and within thirty days after the thirty-first day of | 14437 |
| December, respectively, of each calendar year. | 14438 |
| The inspection fee at the rate stated in division (A)(1) of | 14439 |
| this section shall accompany the statement. For a tonnage report | 14440 |
| that is not filed or payment of inspection fees that is not made | 14441 |
| within fifteen days after the due date, a penalty of ten per cent | 14442 |
| of the amount due, with a minimum penalty of fifty dollars shall | 14443 |
| be assessed against the distributor or exempt buyer. The amount of | 14444 |
| fees due, plus penalty, shall constitute a debt and become the | 14445 |
| basis of a judgment against the distributor or exempt buyer. | 14446 |
| (C) No information furnished under this section shall be | 14447 |
| disclosed by an employee of the department of agriculture in such | 14448 |
| a way as to divulge the operation of any person required to make | 14449 |
| such a report. | 14450 |
| Sec. 923.45. The director of agriculture | 14451 |
| 14452 | |
| proper: | 14453 |
| (A) Information concerning the sale of commercial feed, | 14454 |
| including any
production and use data | 14455 |
| advisable, provided that the data does not disclose the operation | 14456 |
| of any manufacturer or distributor; | 14457 |
| (B) A comparison of the analyses of official samples of | 14458 |
| commercial feeds distributed in this state with the guaranteed | 14459 |
| analyses on the label. | 14460 |
| Sec. 923.46. All moneys collected by the director of | 14461 |
| agriculture under sections 923.41 to 923.55 of the Revised Code | 14462 |
| shall be deposited into the state treasury to the credit of the | 14463 |
| commercial feed, fertilizer, seed, and lime inspection and | 14464 |
| laboratory fund created in section 905.38 of the Revised Code. | 14465 |
| 14466 | |
| 14467 | |
| 14468 |
| The director shall prepare and provide a report concerning | 14469 |
| the fund in accordance with section 905.381 of the Revised Code. | 14470 |
| Sec. 926.01. As used in this chapter: | 14471 |
| (A) "Agricultural commodity" means barley, corn, oats, rye, | 14472 |
| grain sorghum, soybeans, wheat, sunflower, speltz, or any other | 14473 |
| agricultural crop | 14474 |
| designate by rule. "Agricultural commodity" does not mean any | 14475 |
| grain that is purchased for sale as seed. | 14476 |
| (B) "Agricultural commodity handling" or "handling" means any | 14477 |
| of the following: | 14478 |
| (1) Engaging in or participating in the business of | 14479 |
|
purchasing | 14480 |
| 14481 | |
| 14482 |
| | 14483 |
| excess of thirty thousand bushels annually; | 14484 |
| | 14485 |
| 14486 |
| | 14487 |
| 14488 | |
| 14489 |
| (2) Operating a warehouse as a bailee for the receiving, | 14490 |
| storing, shipping, or conditioning of an agricultural commodity; | 14491 |
| (3) Receiving into a warehouse an agricultural commodity | 14492 |
| purchased under a delayed price agreement; | 14493 |
| (4) Providing marketing functions, including storage, delayed | 14494 |
| price marketing, deferred payment, feed agreements, or any other | 14495 |
| marketing transaction whereby control is exerted over the monetary | 14496 |
| proceeds of a producer's agricultural commodities by a person | 14497 |
| other than the producer. | 14498 |
| (C) "Agricultural commodity handler" or "handler" means any | 14499 |
| person who is engaged in the business of agricultural commodity | 14500 |
| handling. | 14501 |
| 14502 | |
| 14503 | |
| 14504 |
| | 14505 |
| | 14506 |
| 14507 |
| | 14508 |
| 14509 | |
| 14510 | |
| 14511 | |
| 14512 | |
| 14513 | |
| 14514 | |
| 14515 |
| (D) "Depositor" means: | 14516 |
| (1) Any person who delivers an agricultural commodity to a | 14517 |
| licensed handler for storage, conditioning, shipment, or sale; | 14518 |
| (2) Any owner or legal holder of a ticket or receipt issued | 14519 |
| for an agricultural commodity who is a creditor of the licensed | 14520 |
| handler for the value of the agricultural commodity; | 14521 |
| (3) Any licensed handler storing an agricultural commodity | 14522 |
| that the licensed handler owns solely, jointly, or in common with | 14523 |
| others in a warehouse owned or controlled by the licensed handler | 14524 |
| or any other licensed handler. | 14525 |
| (E) "Receipt" means a warehouse receipt issued by a licensed | 14526 |
| handler. | 14527 |
| (F) "Nonnegotiable receipt" means a receipt on which it is | 14528 |
| stated that the agricultural commodity received will be delivered | 14529 |
| to the depositor or to the order of any other person named in the | 14530 |
| receipt. | 14531 |
| (G) "Negotiable receipt" means a receipt on which it is | 14532 |
| stated that the agricultural commodity received will be delivered | 14533 |
| to the bearer or to the order of any person named in the receipt. | 14534 |
| (H) "Ticket" means a scale weight ticket, a load slip, or any | 14535 |
| evidence, other than a receipt, given to a depositor by a licensed | 14536 |
| handler upon delivery of an agricultural commodity to the handler. | 14537 |
| (I) "Warehouse" means any building, bin, protected enclosure, | 14538 |
| or similar premises under the control of a licensed or unlicensed | 14539 |
| handler used for receiving, storing, shipping, or handling an | 14540 |
| agricultural commodity. | 14541 |
| (J) "Storage" means the deposit of an agricultural commodity | 14542 |
| into a warehouse either for the account of the licensed handler | 14543 |
| operating the warehouse or for the account of a depositor. | 14544 |
| (K) "Producer" means any person who grows an agricultural | 14545 |
| commodity on land that the person owns or leases. | 14546 |
| (L) "Agent" means any person, other than a producer, who | 14547 |
| delivers an agricultural commodity to a licensed handler, either | 14548 |
| for sale or for storage, for the account of the producer. | 14549 |
| (M) "Agricultural commodity tester" or "tester" means a | 14550 |
| person who operates a moisture meter and other quality testing | 14551 |
| devices to determine the quality of an agricultural commodity. | 14552 |
| (N) "Federally licensed grain inspector" means a person who | 14553 |
| is licensed by the United States department of agriculture under | 14554 |
| the "United States Grain Standards Act," 39 Stat. 482 (1916), 7 | 14555 |
| U.S.C. 71, as amended, to test and grade grain, as "grain" is | 14556 |
| defined in that act. | 14557 |
| (O) "Bailee" means a person to whom an agricultural commodity | 14558 |
| is delivered in trust for storage in a warehouse with title | 14559 |
| remaining in the name of the depositor. | 14560 |
| (P) "Bailor" means a person who delivers an agricultural | 14561 |
| commodity to a bailee in trust for storage in a warehouse with | 14562 |
| title remaining in the name of the depositor. | 14563 |
| (Q) "Bailment agreement" means a bailor-bailee agreement | 14564 |
| between a depositor and a licensed handler as stated in the terms | 14565 |
| of a receipt that is issued for an agricultural commodity in | 14566 |
| storage and subject to the requirements of this chapter governing | 14567 |
| the use of a receipt. | 14568 |
| (R) "Delayed price agreement" means a written executory | 14569 |
| contract executed by and between a licensed handler and a | 14570 |
| depositor that covers the sale and transfer of title of an | 14571 |
| agricultural commodity and states in its written terms the service | 14572 |
| charges and the method for pricing the commodity at a later date. | 14573 |
| (S) "Delayed price marketing" means the sale and transfer of | 14574 |
| title of an agricultural commodity with the price to be | 14575 |
| established at a later date according to the terms of a delayed | 14576 |
| price agreement. | 14577 |
| (T) "Deferred payment" means the deferral of payment to a | 14578 |
| depositor by a licensed handler for an agricultural commodity to | 14579 |
| which the licensed handler has taken title, for the purpose of | 14580 |
| deferring income of the depositor from one tax year to another. | 14581 |
| (U) "Feed agreement" means a written contract executed by and | 14582 |
| between a licensed handler and a producer or depositor who | 14583 |
| delivers an agricultural commodity to the licensed handler for | 14584 |
| storage whereby each of the following applies: | 14585 |
| (1) The producer or depositor transfers title to the | 14586 |
| agricultural commodity to the licensed handler in exchange for a | 14587 |
| nominal sum; | 14588 |
| (2) The producer, upon delivery of the agricultural commodity | 14589 |
| to the licensed handler, becomes a creditor of the licensed | 14590 |
| handler due to the lien that arises under section 926.021 of the | 14591 |
| Revised Code; | 14592 |
| (3) All or part of the agricultural commodity is returned to | 14593 |
| the producer at a later date and used for feed purposes. | 14594 |
| (V) Notwithstanding section 1.02 of the Revised Code, "and" | 14595 |
| shall not be read "or" and "or" shall not be read "and." | 14596 |
| Sec. 927.69. To effect the purpose of sections 927.51 to | 14597 |
| 927.74 of the Revised Code, the director of agriculture or the | 14598 |
| director's authorized representative may: | 14599 |
| (A) Make reasonable inspection of any premises in this state | 14600 |
| and any property therein or thereon; | 14601 |
| (B) Stop and inspect in a reasonable manner, any means of | 14602 |
| conveyance moving within this state upon probable cause to believe | 14603 |
| it contains or carries any pest, host, commodity, or other article | 14604 |
| that is subject to sections 927.51 to 927.72 of the Revised Code; | 14605 |
| (C) Conduct inspections of agricultural products that are | 14606 |
| required by other states, the United States department of | 14607 |
| agriculture, other federal agencies, or foreign countries to | 14608 |
| determine whether the products are infested. If, upon making such | 14609 |
| an inspection, the director or the director's authorized | 14610 |
| representative determines that an agricultural product is not | 14611 |
| infested, the director or the director's authorized representative | 14612 |
| may issue a certificate, as required by other states, the United | 14613 |
| States department of agriculture, other federal agencies, or | 14614 |
| foreign countries, indicating that the product is not infested. | 14615 |
| If the director charges fees for any of the certificates, | 14616 |
| agreements, or inspections specified in this section, the fees | 14617 |
| shall be as follows: | 14618 |
| (1) Phyto sanitary certificates, twenty-five dollars; | 14619 |
| (2) Compliance agreements, twenty dollars; | 14620 |
| (3) Solid wood packing certificates, twenty dollars; | 14621 |
| (4) Agricultural products and their conveyances inspections, | 14622 |
| 14623 | |
| the highest step in the pay range, including fringe benefits, of a | 14624 |
| plant pest control specialist multiplied by the number of hours | 14625 |
| worked by such a specialist in conducting an inspection. | 14626 |
| The director may adopt rules under section 927.52 of the | 14627 |
| Revised Code that define the certificates, agreements, and | 14628 |
| inspections. | 14629 |
| The fees shall be deposited into the state treasury to the | 14630 |
| credit of the pesticide program fund created in Chapter 921. of | 14631 |
| the Revised Code. Money credited to the fund shall be used to pay | 14632 |
| the costs incurred by the department of agriculture in | 14633 |
| administering this chapter, including employing a minimum of two | 14634 |
| additional inspectors. | 14635 |
| Sec. 1111.04. (A) Prior to soliciting or engaging in trust | 14636 |
| business in this state, a trust company shall pledge to the | 14637 |
| treasurer of state interest bearing securities authorized in | 14638 |
| division (B) of this section, having a par value, not including | 14639 |
| unaccrued interest, of one hundred thousand dollars, and approved | 14640 |
| by the superintendent of financial institutions. The trust company | 14641 |
| may pledge the securities either by delivery to the treasurer of | 14642 |
| state or by placing the securities with a qualified trustee for | 14643 |
| safekeeping to the account of the treasurer of state, the | 14644 |
| corporate fiduciary, and any other person having an interest in | 14645 |
| the securities under Chapter 1109. of the Revised Code, as their | 14646 |
| respective interests may appear and be asserted by written notice | 14647 |
| to or demand upon the qualified trustee or by order of judgment of | 14648 |
| a court. | 14649 |
| (B) Securities pledged by a trust company to satisfy the | 14650 |
| requirements of division (A) of this section shall be one or more | 14651 |
| of the following: | 14652 |
| (1) Bonds, notes, or other obligations of or guaranteed by | 14653 |
| the United States or for which the full faith and credit of the | 14654 |
| United States is pledged for the payment of principal and | 14655 |
| interest; | 14656 |
| (2) Bonds, notes, debentures, or other obligations or | 14657 |
| securities issued by any agency or instrumentality of the United | 14658 |
| States; | 14659 |
| (3) General obligations of this or any other state of the | 14660 |
| United States or any subdivision of this or any other state of the | 14661 |
| United States. | 14662 |
| (C) The treasurer of state shall accept delivery of | 14663 |
| securities pursuant to this section when accompanied by the | 14664 |
| superintendent's approval of the securities or the written receipt | 14665 |
| of a qualified trustee describing the securities and showing the | 14666 |
| superintendent's approval of the securities, and shall issue a | 14667 |
| written acknowledgment of the delivery of the securities or the | 14668 |
| qualified trustee's receipt and the superintendent's approval to | 14669 |
| the trust company. | 14670 |
| (D) The superintendent shall approve securities to be pledged | 14671 |
| by a trust company pursuant to this section if the securities are | 14672 |
| all of the following: | 14673 |
| (1) Interest bearing and of the value required by division | 14674 |
| (A) of this section; | 14675 |
| (2) Of one or more of the kinds authorized by division (B) of | 14676 |
| this section and not a derivative of or merely an interest in any | 14677 |
| of those securities; | 14678 |
| (3) Not in default. | 14679 |
| (E) The treasurer of state shall, with the approval of the | 14680 |
| superintendent, permit a trust company to pledge securities in | 14681 |
| substitution for securities pledged pursuant to this section and | 14682 |
| the withdrawal of the securities substituted for so long as the | 14683 |
| securities remaining pledged satisfy the requirements of division | 14684 |
| (A) of this section. The treasurer of state shall permit a trust | 14685 |
| company to collect interest paid on securities pledged pursuant to | 14686 |
| this section so long as the trust company is solvent. The | 14687 |
| treasurer of state shall, with the approval of the superintendent, | 14688 |
| permit a trust company to withdraw securities pledged pursuant to | 14689 |
| this section when the trust company has ceased to solicit or | 14690 |
| engage in trust business in this state. | 14691 |
| (F) For purposes of this section, a qualified trustee is a | 14692 |
| federal reserve bank located in this state, a branch of a federal | 14693 |
| reserve bank located in this state regardless of where the branch | 14694 |
| is located, a federal home loan bank, or a trust company as | 14695 |
| defined in section 1101.01 of the Revised Code, except a trust | 14696 |
| company may not act as a qualified trustee for securities it or | 14697 |
| any of its affiliates is pledging pursuant to this section. | 14698 |
| (G) The superintendent, with the approval of the treasurer of | 14699 |
| state and the attorney general, shall prescribe the form of all | 14700 |
| receipts and acknowledgments provided for by this section, and | 14701 |
| upon request shall furnish a copy of each form, with the | 14702 |
| superintendent's certification attached, to each qualified trustee | 14703 |
| eligible to hold securities for safekeeping under this section. | 14704 |
| Sec. 1327.511. All money collected under section 1327.50 of | 14705 |
| the Revised Code for services rendered by the department of | 14706 |
| agriculture in operating the type evaluation program shall be | 14707 |
| deposited in the state treasury to the credit of the metrology and | 14708 |
| scale certification fund, which is hereby created. Money credited | 14709 |
| to the fund shall be used to pay operating costs incurred by the | 14710 |
| department in administering the program. | 14711 |
| Sec. 1502.02. (A) There is hereby created in the department | 14712 |
| of natural resources the division of recycling and litter | 14713 |
| prevention to be headed by the chief of recycling and litter | 14714 |
| prevention. | 14715 |
| (B) There is hereby created in the state treasury the | 14716 |
| recycling and litter prevention fund, consisting of moneys | 14717 |
| distributed to it from fees, including the fee levied under | 14718 |
| division (A)(2) of section 3714.073 of the Revised Code, gifts, | 14719 |
| donations, grants, reimbursements, and other sources, including | 14720 |
| investment earnings. | 14721 |
| (C) The chief of recycling and litter prevention shall do all | 14722 |
| of the following: | 14723 |
| (1) Use moneys credited to the fund exclusively for the | 14724 |
| purposes set forth in sections 1502.03, 1502.04, and 1502.05 of | 14725 |
| the Revised Code, with particular emphasis on programs relating to | 14726 |
| recycling; | 14727 |
| (2) Expend for administration of the division not more than | 14728 |
| ten per cent of any fiscal year's appropriation to the division, | 14729 |
| excluding the amount assessed to the division for direct and | 14730 |
| indirect central support charges; | 14731 |
| (3) Require recipients of grants under section 1502.05 of the | 14732 |
| Revised Code, as a condition of receiving and retaining them, to | 14733 |
| do all of the following: | 14734 |
| (a) Create a separate account for the grants and any cash | 14735 |
| donations received that qualify for the donor credit allowed by | 14736 |
| section 5733.064 of the Revised Code; | 14737 |
| (b) Make expenditures from the account exclusively for the | 14738 |
| purposes for which the grants were received; | 14739 |
| (c) Use any auditing and accounting practices the chief | 14740 |
| considers necessary regarding the account; | 14741 |
| (d) Report to the chief information regarding the amount and | 14742 |
| donor of cash donations received as described by section 5733.064 | 14743 |
| of the Revised Code; | 14744 |
| (e) Use grants received to supplement and not to replace any | 14745 |
| existing funding for such purposes. | 14746 |
| (4) Report to the tax commissioner information the chief | 14747 |
| receives pursuant to division (C)(3)(d) of this section. | 14748 |
| Sec. 1509.06. (A) An application for a permit to drill a new | 14749 |
| well, drill an existing well deeper, reopen a well, convert a well | 14750 |
| to any use other than its original purpose, or plug back a well to | 14751 |
| a different source of supply shall be filed with the chief of the | 14752 |
| division of mineral resources management upon such form as the | 14753 |
| chief prescribes and shall contain each of the following that is | 14754 |
| applicable: | 14755 |
| | 14756 |
| corporation, the name and address of the statutory agent; | 14757 |
| | 14758 |
| agent. When an authorized agent signs an application, it shall be | 14759 |
| accompanied by a certified copy of the appointment as such agent. | 14760 |
| | 14761 |
| royalty interest in the tract upon which the well is located or is | 14762 |
| to be drilled or within a proposed drilling unit; | 14763 |
| | 14764 |
| the well is located or is to be drilled identified by section or | 14765 |
| lot number, city, village, township, and county; | 14766 |
| | 14767 |
| | 14768 |
| proposed total depth of the well; | 14769 |
| | 14770 |
| | 14771 |
| of the geological formation to be used as the injection zone and | 14772 |
| the composition of the liquid to be injected; | 14773 |
| | 14774 |
| sworn statement that the applicant has provided notice of the | 14775 |
| application to the owner of each occupied dwelling unit that is | 14776 |
| located within five hundred feet of the surface location of the | 14777 |
| well if the surface location will be less than five hundred feet | 14778 |
| from the boundary of the drilling unit and more than fifteen | 14779 |
| occupied dwelling units are located less than five hundred feet | 14780 |
| from the surface location of the well, excluding any dwelling that | 14781 |
| is located on real property all or any portion of which is | 14782 |
| included in the drilling unit. The notice shall contain a | 14783 |
| statement that an application has been filed with the division of | 14784 |
| mineral resources management, identify the name of the applicant | 14785 |
| and the proposed well location, include the name and address of | 14786 |
| the division, and contain a statement that comments regarding the | 14787 |
| application may be sent to the division. The notice may be | 14788 |
| provided by hand delivery or regular mail. The identity of the | 14789 |
| owners of occupied dwelling units shall be determined using the | 14790 |
| tax records of the municipal corporation or county in which the | 14791 |
| dwelling unit is located as of the date of the notice. | 14792 |
| | 14793 |
| by drilling operations. The plan shall provide for compliance with | 14794 |
| the restoration requirements of division (A) of section 1509.072 | 14795 |
| of the Revised Code and any rules adopted by the chief pertaining | 14796 |
| to that restoration. | 14797 |
| | 14798 |
| township, and municipal corporation roads, streets, and highways | 14799 |
| that the applicant anticipates will be used for access to and | 14800 |
| egress from the well site; | 14801 |
| | 14802 |
| prescribes by rule. | 14803 |
| Each application shall be accompanied by a map, on a scale | 14804 |
| not smaller than four hundred feet to the inch, prepared by an | 14805 |
| Ohio registered surveyor, showing the location of the well and | 14806 |
| containing such other data as may be prescribed by the chief. If | 14807 |
| the well is or is to be located within the excavations and | 14808 |
| workings of a mine, the map also shall include the location of the | 14809 |
| mine, the name of the mine, and the name of the person operating | 14810 |
| the mine. | 14811 |
| (B) The chief shall cause a copy of the weekly circular | 14812 |
| prepared by the division to be provided to the county engineer of | 14813 |
| each county that contains active or proposed drilling activity. | 14814 |
| The weekly circular shall contain, in the manner prescribed by the | 14815 |
| chief, the names of all applicants for permits, the location of | 14816 |
| each well or proposed well, the information required by division | 14817 |
| 14818 | |
| chief prescribes. In addition, the chief promptly shall transfer | 14819 |
| an electronic copy or facsimile, or if those methods are not | 14820 |
| available to a municipal corporation or township, a copy via | 14821 |
| regular mail, of a drilling permit application to the clerk of the | 14822 |
| legislative authority of the municipal corporation or to the clerk | 14823 |
| of the township in which the well or proposed well is or is to be | 14824 |
| located if the legislative authority of the municipal corporation | 14825 |
| or the board of township trustees has asked to receive copies of | 14826 |
| such applications and the appropriate clerk has provided the chief | 14827 |
| an accurate, current electronic mailing address or facsimile | 14828 |
| number, as applicable. | 14829 |
| (C) The chief shall not issue a permit for at least ten days | 14830 |
| after the date of filing of the application for the permit unless, | 14831 |
| upon reasonable cause shown, the chief waives that period or a | 14832 |
| request for expedited review is filed under this section. However, | 14833 |
| the chief shall issue a permit within twenty-one days of the | 14834 |
| filing of the application unless the chief denies the application | 14835 |
| by order. | 14836 |
| (D) An applicant may file a request with the chief for | 14837 |
| expedited review of a permit application if the well is not or is | 14838 |
| not to be located in a gas storage reservoir or reservoir | 14839 |
| protective area, as "reservoir protective area" is defined in | 14840 |
| section 1571.01 of the Revised Code. If the well is or is to be | 14841 |
| located in a coal bearing township, the application shall be | 14842 |
| accompanied by the affidavit of the landowner prescribed in | 14843 |
| section 1509.08 of the Revised Code. | 14844 |
| In addition to a complete application for a permit that meets | 14845 |
| the requirements of this section and the permit fee prescribed by | 14846 |
| this section, a request for expedited review shall be accompanied | 14847 |
| by a separate nonrefundable filing fee of five hundred dollars. | 14848 |
| Upon the filing of a request for expedited review, the chief shall | 14849 |
| cause the county engineer of the county in which the well is or is | 14850 |
| to be located to be notified of the filing of the permit | 14851 |
| application and the request for expedited review by telephone or | 14852 |
| other means that in the judgment of the chief will provide timely | 14853 |
| notice of the application and request. The chief shall issue a | 14854 |
| permit within seven days of the filing of the request unless the | 14855 |
| chief denies the application by order. Notwithstanding the | 14856 |
| provisions of this section governing expedited review of permit | 14857 |
| applications, the chief may refuse to accept requests for | 14858 |
| expedited review if, in the chief's judgment, the acceptance of | 14859 |
| the requests would prevent the issuance, within twenty-one days of | 14860 |
| their filing, of permits for which applications are pending. | 14861 |
| (E) A well shall be drilled and operated in accordance with | 14862 |
| the plans, sworn statements, and other information submitted in | 14863 |
| the approved application. | 14864 |
| (F) The chief shall issue an order denying a permit if the | 14865 |
| chief finds that there is a substantial risk that the operation | 14866 |
| will result in violations of this chapter or rules adopted under | 14867 |
| it that will present an imminent danger to public health or safety | 14868 |
| or damage to the environment, provided that where the chief finds | 14869 |
| that terms or conditions to the permit can reasonably be expected | 14870 |
| to prevent such violations, the chief shall issue the permit | 14871 |
| subject to those terms or conditions, including, if applicable, | 14872 |
| terms and conditions regarding subjects identified in rules | 14873 |
| adopted under section 1509.03 of the Revised Code. | 14874 |
| (G) Each application for a permit required by section 1509.05 | 14875 |
| of the Revised Code, except an application to plug back an | 14876 |
| existing well that is required by that section and an application | 14877 |
| for a well drilled or reopened for purposes of section 1509.22 of | 14878 |
| the Revised Code, also shall be accompanied by a nonrefundable fee | 14879 |
| 14880 |
| (1) Two hundred fifty dollars for a permit to conduct | 14881 |
| activities in a township with a population of fewer than five | 14882 |
| thousand; | 14883 |
| (2) Five hundred dollars for a permit to conduct activities | 14884 |
| in a township with a population of five thousand or more, but | 14885 |
| fewer than ten thousand; | 14886 |
| (3) Seven hundred fifty dollars for a permit to conduct | 14887 |
| activities in a township with a population of ten thousand or | 14888 |
| more, but fewer than fifteen thousand; | 14889 |
| (4) One thousand dollars for a permit to conduct activities | 14890 |
| in either of the following: | 14891 |
| (a) A township with a population of fifteen thousand or more; | 14892 |
| (b) A municipal corporation regardless of population. | 14893 |
| For purposes of calculating fee amounts, populations shall be | 14894 |
| determined using the most recent federal decennial census. | 14895 |
| Each application for the revision or reissuance of a permit | 14896 |
| shall be accompanied by a nonrefundable fee of two hundred fifty | 14897 |
| dollars. | 14898 |
| (H) The chief may order the immediate suspension of drilling, | 14899 |
| operating, or plugging activities after finding that any person is | 14900 |
| causing, engaging in, or maintaining a condition or activity that | 14901 |
| in the chief's judgment presents an imminent danger to public | 14902 |
| health or safety or results in or is likely to result in immediate | 14903 |
|
substantial damage to natural resources or for
nonpayment of | 14904 |
| fee required by this section. The chief may order the immediate | 14905 |
| suspension of the drilling or reopening of a well in a coal | 14906 |
| bearing township after determining that the drilling or reopening | 14907 |
| activities present an imminent and substantial threat to public | 14908 |
| health or safety or to miners' health or safety. Before issuing | 14909 |
| any such order, the chief shall notify the owner in such manner as | 14910 |
| in the chief's judgment would provide reasonable notification that | 14911 |
| the chief intends to issue a suspension order. The chief may issue | 14912 |
| such an order without prior notification if reasonable attempts to | 14913 |
| notify the owner have failed, but in such an event notification | 14914 |
| shall be given as soon thereafter as practical. Within five | 14915 |
| calendar days after the issuance of the order, the chief shall | 14916 |
| provide the owner an opportunity to be heard and to present | 14917 |
| evidence that the condition or activity is not likely to result in | 14918 |
| immediate substantial damage to natural resources or does not | 14919 |
| present an imminent danger to public health or safety or to | 14920 |
| miners' health or safety, if applicable. In the case of activities | 14921 |
| in a coal bearing township, if the chief, after considering | 14922 |
| evidence presented by the owner, determines that the activities do | 14923 |
| not present such a threat, the chief shall revoke the suspension | 14924 |
| order. Notwithstanding any provision of this chapter, the owner | 14925 |
| may appeal a suspension order directly to the court of common | 14926 |
| pleas of the county in which the activity is located or, if in a | 14927 |
| coal bearing township, to the reclamation commission under section | 14928 |
| 1513.13 of the Revised Code. | 14929 |
| Sec. 1509.072. No oil or gas well owner or agent of an oil | 14930 |
| or gas well owner shall fail to restore the land surface within | 14931 |
| the area disturbed in siting, drilling, completing, and producing | 14932 |
| the well as required in this section. | 14933 |
| (A) Within five months after the date upon which the surface | 14934 |
| drilling of a well is commenced, the owner or the owner's agent, | 14935 |
| in accordance with the restoration plan filed under division | 14936 |
| 14937 | |
| the pits for containing brine, other waste substances resulting, | 14938 |
| obtained, or produced in connection with exploration or drilling | 14939 |
| for, or production of, oil or gas, or oil that are not required by | 14940 |
| other state or federal law or regulation, and remove all concrete | 14941 |
| bases, drilling supplies, and drilling equipment. Within nine | 14942 |
| months after the date upon which the surface drilling of a well is | 14943 |
| commenced, the owner or the owner's agent shall grade or terrace | 14944 |
| and plant, seed, or sod the area disturbed that is not required in | 14945 |
| production of the well where necessary to bind the soil and | 14946 |
| prevent substantial erosion and sedimentation. If the chief of the | 14947 |
| division of mineral resources management finds that a pit used for | 14948 |
| containing brine, other waste substances, or oil is in violation | 14949 |
| of section 1509.22 of the Revised Code or rules adopted or orders | 14950 |
| issued under it, the chief may require the pit to be emptied and | 14951 |
| closed before expiration of the five-month restoration period. | 14952 |
| (B) Within six months after a well that has produced oil or | 14953 |
| gas is plugged, or after the plugging of a dry hole, the owner or | 14954 |
| the owner's agent shall remove all production and storage | 14955 |
| structures, supplies, and equipment, and any oil, salt water, and | 14956 |
| debris, and fill any remaining excavations. Within that period the | 14957 |
| owner or the owner's agent shall grade or terrace and plant, seed, | 14958 |
| or sod the area disturbed where necessary to bind the soil and | 14959 |
| prevent substantial erosion and sedimentation. | 14960 |
| The owner shall be released from responsibility to perform | 14961 |
| any or all restoration requirements of this section on any part or | 14962 |
| all of the area disturbed upon the filing of a request for a | 14963 |
| waiver with and obtaining the written approval of the chief, which | 14964 |
| request shall be signed by the surface owner to certify the | 14965 |
| approval of the surface owner of the release sought. The chief | 14966 |
| shall approve the request unless the chief finds upon inspection | 14967 |
| that the waiver would be likely to result in substantial damage to | 14968 |
| adjoining property, substantial contamination of surface or | 14969 |
| underground water, or substantial erosion or sedimentation. | 14970 |
| The chief, by order, may shorten the time periods provided | 14971 |
| for under division (A) or (B) of this section if failure to | 14972 |
| shorten the periods would be likely to result in damage to public | 14973 |
| health or the waters or natural resources of the state. | 14974 |
| The chief, upon written application by an owner or an owner's | 14975 |
| agent showing reasonable cause, may extend the period within which | 14976 |
| restoration shall be completed under divisions (A) and (B) of this | 14977 |
| section, but not to exceed a further six-month period, except | 14978 |
| under extraordinarily adverse weather conditions or when essential | 14979 |
| equipment, fuel, or labor is unavailable to the owner or the | 14980 |
| owner's agent. | 14981 |
| If the chief refuses to approve a request for waiver or | 14982 |
| extension, the chief shall do so by order. | 14983 |
| Sec. 1509.31. Whenever the entire interest of an oil and gas | 14984 |
| lease is assigned or otherwise transferred, the assignor or | 14985 |
| transferor shall notify the holders of the royalty interests, and, | 14986 |
| if a well or wells exist on the lease, the division of mineral | 14987 |
| resources management, of the name and address of the assignee or | 14988 |
| transferee by certified mail, return receipt requested, not later | 14989 |
| than thirty days after the date of the assignment or transfer. | 14990 |
| When notice of any such assignment or transfer is required to be | 14991 |
| provided to the division, it shall be provided on a form | 14992 |
| prescribed and provided by the division and verified by both the | 14993 |
| assignor or transferor and by the assignee or transferee. The | 14994 |
| notice form applicable to assignments or transfers of a well to | 14995 |
| the owner of the surface estate of the tract on which the well is | 14996 |
| located shall contain a statement informing the landowner that the | 14997 |
| well may require periodic servicing to maintain its productivity; | 14998 |
| that, upon assignment or transfer of the well to the landowner, | 14999 |
| the landowner becomes responsible for compliance with the | 15000 |
| requirements of this chapter and rules adopted under it, | 15001 |
| including, without limitation, the proper disposal of brine | 15002 |
| obtained from the well, the plugging of the well when it becomes | 15003 |
| incapable of producing oil or gas, and the restoration of the well | 15004 |
| site; and that, upon assignment or transfer of the well to the | 15005 |
| landowner, the landowner becomes responsible for the costs of | 15006 |
| compliance with the requirements of this chapter and rules adopted | 15007 |
| under it and the costs for operating and servicing the well. | 15008 |
| The owner holding a permit under section 1509.05 of the | 15009 |
| Revised Code is responsible for all obligations and liabilities | 15010 |
| imposed by this chapter and any rules, orders, and terms and | 15011 |
| conditions of a permit adopted or issued under it, and no | 15012 |
| assignment or transfer by the owner relieves the owner of the | 15013 |
| obligations and liabilities until and unless the assignee or | 15014 |
| transferee files with the division the information described in | 15015 |
|
divisions (A)(1), | 15016 |
| 15017 | |
| obtains liability insurance coverage required by section 1509.07 | 15018 |
| of the Revised Code, except when none is required by that section; | 15019 |
| and executes and files a surety bond, negotiable certificates of | 15020 |
| deposit or irrevocable letters of credit, or cash, as described in | 15021 |
| that section. Instead of a bond, but only upon acceptance by the | 15022 |
| chief of the division of mineral resources management, the | 15023 |
| assignee or transferee may file proof of financial responsibility, | 15024 |
| described in section 1509.07 of the Revised Code. Section 1509.071 | 15025 |
| of the Revised Code applies to the surety bond, cash, and | 15026 |
| negotiable certificates of deposit and irrevocable letters of | 15027 |
| credit described in this section. Unless the chief approves a | 15028 |
| modification, each assignee or transferee shall operate in | 15029 |
| accordance with the plans and information filed by the permit | 15030 |
| holder pursuant to section 1509.06 of the Revised Code. | 15031 |
| Sec. 1515.14. Within the limits of funds appropriated to the | 15032 |
| department of natural resources and the soil and water | 15033 |
| conservation district assistance fund created in this section, | 15034 |
| there shall be paid in each calendar year to each local soil and | 15035 |
| water conservation district an amount not to exceed one dollar for | 15036 |
| each one dollar received in accordance with section 1515.10 of the | 15037 |
| Revised Code, received from tax levies in excess of the ten-mill | 15038 |
| levy limitation approved for the benefit of local soil and water | 15039 |
| conservation districts, or received from an appropriation by a | 15040 |
| municipal corporation or a township to a maximum of eight thousand | 15041 |
| dollars, provided that the Ohio soil and water conservation | 15042 |
| commission may approve payment to a district in an amount in | 15043 |
| excess of eight thousand dollars in any calendar year upon receipt | 15044 |
| of a request and justification from the district. The county | 15045 |
| auditor shall credit such payments to the special fund established | 15046 |
| pursuant to section 1515.10 of the Revised Code for the local soil | 15047 |
| and water conservation district. The department may make advances | 15048 |
| at least quarterly to each district on the basis of the estimated | 15049 |
| contribution of the state to each district. Moneys received by | 15050 |
| each district shall be expended for the purposes of the district. | 15051 |
| For the purpose of providing money to soil and water | 15052 |
| conservation districts under this section, there is hereby created | 15053 |
| in the state treasury the soil and water conservation district | 15054 |
| assistance fund consisting of money credited to it under section | 15055 |
| 3714.073 of the Revised Code. | 15056 |
| Sec. 1517.02. There is hereby created in the department of | 15057 |
| natural resources the division of natural areas and preserves, | 15058 |
| which shall be administered by the chief of natural areas and | 15059 |
| preserves. The chief shall take an oath of office and shall file | 15060 |
| in the office of the secretary of state a bond signed by the chief | 15061 |
| and by a surety approved by the governor for a sum fixed pursuant | 15062 |
| to section 121.11 of the Revised Code. | 15063 |
| The chief shall administer a system of nature preserves and | 15064 |
| wild, scenic, and recreational river areas. The chief shall | 15065 |
| establish a system of nature preserves through acquisition and | 15066 |
| dedication of natural areas of state or national significance, | 15067 |
| which shall include, but not be limited to, areas
| 15068 |
| represent characteristic examples of Ohio's natural landscape | 15069 |
| types and its natural vegetation and geological history. The chief | 15070 |
| shall encourage landowners to dedicate areas of unusual | 15071 |
| significance as nature preserves, and shall establish and maintain | 15072 |
| a registry of natural areas of unusual significance. | 15073 |
| The chief may supervise, operate, protect, and maintain wild, | 15074 |
| scenic, and recreational river areas, as designated by the | 15075 |
| director of natural resources. The chief may cooperate with | 15076 |
| federal agencies administering any federal program concerning | 15077 |
| wild, scenic, or recreational river areas. | 15078 |
| | 15079 |
| 15080 | |
| 15081 | |
| 15082 | |
| 15083 | |
| 15084 |
| The chief shall do the following: | 15085 |
| (A) Formulate policies and plans for the acquisition, use, | 15086 |
| management, and protection of nature preserves; | 15087 |
| (B) Formulate policies for the selection of areas suitable | 15088 |
| for registration; | 15089 |
| (C) Formulate policies for the dedication of areas as nature | 15090 |
| preserves; | 15091 |
| (D) Prepare and maintain surveys and inventories of natural | 15092 |
| areas and habitats of rare and endangered species of plants and | 15093 |
| animals; | 15094 |
| (E) Adopt rules for the use, visitation, and protection of | 15095 |
|
nature preserves, | 15096 |
| easement, license, or lease by the department and administered by | 15097 |
|
the division, | 15098 |
|
license, or lease | 15099 |
|
division | 15100 |
| recreational river area, in accordance with Chapter 119. of the | 15101 |
| Revised Code; | 15102 |
| (F) Provide facilities and improvements within the state | 15103 |
| system of nature preserves that are necessary for their | 15104 |
| visitation, use, restoration, and protection and do not impair | 15105 |
| their natural character; | 15106 |
| (G) Provide interpretive programs and publish and disseminate | 15107 |
| information pertaining to nature preserves and natural areas for | 15108 |
| their visitation and use; | 15109 |
| (H) Conduct and grant permits to qualified persons for the | 15110 |
| conduct of scientific research and investigations within nature | 15111 |
| preserves; | 15112 |
| (I) Establish an appropriate system for marking nature | 15113 |
| preserves; | 15114 |
| (J) Publish and submit to the governor and the general | 15115 |
| assembly a biennial report of the status and condition of each | 15116 |
| nature preserve, activities conducted within each preserve, and | 15117 |
| plans and recommendations for natural area preservation. | 15118 |
| Sec. 1521.062. (A) All dams, dikes, and levees constructed | 15119 |
| in this state and not exempted by this section or by the chief of | 15120 |
| the division of water under section 1521.06 of the Revised Code | 15121 |
| shall be inspected periodically by the chief | 15122 |
| classes of dams that, in accordance with rules adopted under this | 15123 |
| section, are required to be inspected by registered professional | 15124 |
| engineers who have been approved for that purpose by the chief. | 15125 |
| The inspection shall ensure that continued operation and use of | 15126 |
| the dam, dike, or levee does not constitute a hazard to life, | 15127 |
| health, or property. Periodic inspections shall not be required of | 15128 |
| the following structures: | 15129 |
| (1) A dam that is less than ten feet in height and has a | 15130 |
| storage capacity of not more than fifty acre-feet at the elevation | 15131 |
| of the top of the dam, as determined by the chief. For the | 15132 |
| purposes of this section, the height of a dam shall be measured | 15133 |
| from the natural stream bed or lowest ground elevation at the | 15134 |
| downstream or outside limit of the dam to the elevation of the top | 15135 |
| of the dam. | 15136 |
| (2) A dam, regardless of height, that has a storage capacity | 15137 |
| of not more than fifteen acre-feet at the elevation of the top of | 15138 |
| the dam, as determined by the chief; | 15139 |
| (3) A dam, regardless of storage capacity, that is six feet | 15140 |
| or less in height, as determined by the chief; | 15141 |
| (4) A dam, dike, or levee belonging to a class exempted by | 15142 |
| the chief; | 15143 |
| (5) A dam, dike, or levee that has been exempted in | 15144 |
| accordance with rules adopted under section 1521.064 of the | 15145 |
| Revised Code. | 15146 |
| (B) In accordance with rules adopted under this section, the | 15147 |
| owner of a dam that is in a class of dams that is designated in | 15148 |
| the rules for inspection by registered professional engineers | 15149 |
| shall obtain the services of a registered professional engineer | 15150 |
| who has been approved by the chief to conduct the periodic | 15151 |
| inspection of dams pursuant to schedules and other standards and | 15152 |
| procedures established in the rules. The registered professional | 15153 |
| engineer shall prepare a report of the inspection in accordance | 15154 |
| with the rules and provide the inspection report to the dam owner | 15155 |
| who shall submit it to the chief. A dam that is designated under | 15156 |
| the rules for inspection by a registered professional engineer but | 15157 |
| that is not inspected within a five-year period may be inspected | 15158 |
| by the chief at the owner's expense. | 15159 |
| (C) Intervals between periodic inspections shall be | 15160 |
|
determined by the chief, but shall not exceed five years. | 15161 |
| 15162 | |
| 15163 |
| | 15164 |
| the chief inspects, the chief shall | 15165 |
| of | 15166 |
| levee. With regard to a dam, dike, or levee that has been | 15167 |
| inspected, either by the chief or by a registered professional | 15168 |
| engineer, and that is the subject of an inspection report prepared | 15169 |
| or received by the chief, the chief shall | 15170 |
| the owner of any required repairs, maintenance, investigations, | 15171 |
| and other remedial and operational
measures | 15172 |
| chief shall order the owner to perform such repairs, maintenance, | 15173 |
| investigations, or other
remedial or operational measures as | 15174 |
| the chief considers necessary to safeguard life, health, or | 15175 |
| property. The order shall permit the owner a reasonable time in | 15176 |
| which to perform the needed repairs, maintenance, investigations, | 15177 |
| or other remedial measures, and the cost thereof shall be borne by | 15178 |
| the owner. All orders of the chief are subject to appeal as | 15179 |
| provided in Chapter 119. of the Revised Code. The attorney | 15180 |
| general, upon written request of the chief, may bring an action | 15181 |
| for an injunction against any person who violates this section or | 15182 |
| to enforce an order of the chief made pursuant to this section. | 15183 |
| | 15184 |
| maintain, and operate the structure and its appurtenances safely | 15185 |
| in accordance with state rules, terms and conditions of permits, | 15186 |
| orders, and other requirements issued pursuant to this section or | 15187 |
| section 1521.06 of the Revised Code. The owner shall fully and | 15188 |
| promptly notify the division of water and other responsible | 15189 |
|
authorities of any condition | 15190 |
| the structure and shall take all necessary actions to safeguard | 15191 |
| life, health, and property. | 15192 |
| | 15193 |
| or removal of a dam, dike, or levee, the owner shall file an | 15194 |
| application including plans, specifications, and other required | 15195 |
| information with the division and shall secure written approval of | 15196 |
| the application by the chief. Emergency actions by the owner | 15197 |
| required to safeguard life, health, or property are exempt from | 15198 |
| this requirement. The chief may, by rule, define maintenance, | 15199 |
|
repairs, or other remedial measures of a routine nature | 15200 |
| are exempt from this requirement. | 15201 |
| | 15202 |
| owner, any unsafe structures found to be constructed or maintained | 15203 |
| in violation of this section or section 1521.06 of the Revised | 15204 |
| Code. In the case of an owner other than a governmental agency, | 15205 |
| the cost of removal or correction of any unsafe structure, | 15206 |
| together with a description of the property on which the unsafe | 15207 |
| structure is located, shall be certified by the chief to the | 15208 |
| county auditor and placed by the county auditor upon the tax | 15209 |
| duplicate. This cost is a lien upon the lands from the date of | 15210 |
| entry and shall be collected as other taxes and returned to the | 15211 |
| division. In the case of an owner that is a governmental agency, | 15212 |
| the cost of removal or correction of any unsafe structure shall be | 15213 |
| recoverable from the owner by appropriate action in a court of | 15214 |
| competent jurisdiction. | 15215 |
| | 15216 |
| in the judgment of the chief, to be so dangerous to the safety of | 15217 |
| life, health, or property as not to permit time for the issuance | 15218 |
| and enforcement of an order relative to repair, maintenance, or | 15219 |
| operation, the chief shall employ any of the following remedial | 15220 |
| means necessary to protect life, health, and property: | 15221 |
| (1) Lower the water level of the lake or reservoir by | 15222 |
| releasing water; | 15223 |
| (2) Completely drain the lake or reservoir; | 15224 |
| (3) Take such other measures or actions as | 15225 |
| considers necessary to safeguard life, health, and property. | 15226 |
| The chief shall continue in full charge and control of the | 15227 |
| dam, dike, or levee until the structure is rendered safe. The cost | 15228 |
| of the remedy shall be recoverable from the owner of the structure | 15229 |
| by appropriate action in a court of competent jurisdiction. | 15230 |
| | 15231 |
| grants from the United States government or from any other public | 15232 |
| or private source and may contract with the United States | 15233 |
| government or any other agency or entity for the purpose of | 15234 |
| carrying out the dam safety functions set forth in this section | 15235 |
| and section 1521.06 of the Revised Code. | 15236 |
| (J) In accordance with Chapter 119. of the Revised Code, the | 15237 |
| chief shall adopt, and may amend or rescind, rules that do all of | 15238 |
| the following: | 15239 |
| (1) Designate classes of dams for which dam owners must | 15240 |
| obtain the services of a registered professional engineer to | 15241 |
| periodically inspect the dams and to prepare reports of the | 15242 |
| inspections for submittal to the chief; | 15243 |
| (2) Establish standards in accordance with which the chief | 15244 |
| must approve or disapprove registered professional engineers to | 15245 |
| inspect dams together with procedures governing the approval | 15246 |
| process; | 15247 |
| (3) Establish schedules, standards, and procedures governing | 15248 |
| periodic inspections and standards and procedures governing the | 15249 |
| preparation and submittal of inspection reports; | 15250 |
| (4) Establish provisions regarding the enforcement of this | 15251 |
| section and rules adopted under it. | 15252 |
| Sec. 1531.27. The chief of the division of wildlife shall | 15253 |
| pay to the treasurers of the several counties wherein lands owned | 15254 |
| by
the state and administered by the division are | 15255 |
| an annual amount determined in the following manner: in each such | 15256 |
| county one per cent of the total value of such lands exclusive of | 15257 |
| improvements, as shown on the auditor's records of taxable value | 15258 |
| of real property existing at the time when the state acquired the | 15259 |
|
tract or tracts comprising | 15260 |
| | 15261 |
|
division | 15262 |
|
and | 15263 |
| penalties, and forfeitures deposited into the state treasury to | 15264 |
| the credit of the wildlife fund created in section 1531.17 of the | 15265 |
| Revised Code. The allocation of
amounts to be paid from | 15266 |
| sources shall be determined by the director of natural resources. | 15267 |
| | 15268 |
| shall be credited to the fund for school purposes within the | 15269 |
|
school districts wherein | 15270 |
| Sec. 1533.10. Except as provided in this section or division | 15271 |
| (A)(2) of section 1533.12 of the Revised Code, no person shall | 15272 |
| hunt any wild bird or wild quadruped without a hunting license. | 15273 |
| Each day that any person hunts within the state without procuring | 15274 |
| such a license constitutes a separate offense. Except as otherwise | 15275 |
| provided in this section, every applicant for a hunting license | 15276 |
| who is a resident of the state
and | 15277 |
| or more shall procure a resident hunting license, the fee for | 15278 |
| which shall be eighteen dollars, unless the rules adopted under | 15279 |
| division (B) of section 1533.12 of the Revised Code provide for | 15280 |
| issuance of a resident hunting license to the applicant free of | 15281 |
| charge. Except as provided in rules adopted under division (B)(2) | 15282 |
| of that section, each applicant who is a resident of this state | 15283 |
| and who at the time of application is sixty-six years of age or | 15284 |
| older shall procure a special senior hunting license, the fee for | 15285 |
| which shall be one-half of the regular hunting license fee. Every | 15286 |
| applicant who is under the age of | 15287 |
| procure a special youth hunting license, the fee for which shall | 15288 |
| be one-half of the regular hunting license fee. The owner of lands | 15289 |
| in the state and the owner's children of any age and grandchildren | 15290 |
| under eighteen years of age may hunt on the lands without a | 15291 |
| hunting license. The tenant and children of the tenant, residing | 15292 |
| on lands in the state, may hunt on them without a hunting license. | 15293 |
| 15294 | |
| 1533.12 of the Revised Code, every applicant for a hunting license | 15295 |
| who is a nonresident of the state and who is | 15296 |
| years of age or older shall procure a nonresident hunting license, | 15297 |
| the fee for which shall be one hundred twenty-four dollars, unless | 15298 |
| the applicant is a resident of a state that is a party to an | 15299 |
| agreement under section 1533.91 of the Revised Code, in which case | 15300 |
| the fee shall be eighteen dollars. | 15301 |
| The chief of the division of wildlife may issue a small game | 15302 |
| hunting license expiring three days from the effective date of the | 15303 |
| license to a nonresident of the state, the fee for which shall be | 15304 |
| thirty-nine dollars. No person shall take or possess deer, wild | 15305 |
| turkeys, fur-bearing animals, ducks, geese, brant, or any nongame | 15306 |
| animal while possessing only a small game hunting license. A small | 15307 |
| game hunting license does not authorize the taking or possessing | 15308 |
| of ducks, geese, or brant without having obtained, in addition to | 15309 |
| the small game hunting license, a wetlands habitat stamp as | 15310 |
| provided in section 1533.112 of the Revised Code. A small game | 15311 |
| hunting license does not authorize the taking or possessing of | 15312 |
| deer, wild turkeys, or fur-bearing animals. A nonresident of the | 15313 |
| state who wishes to take or possess deer, wild turkeys, or | 15314 |
| fur-bearing animals in this state shall procure, respectively, a | 15315 |
| special deer or wild turkey permit as provided in section 1533.11 | 15316 |
| of the Revised Code or a fur taker permit as provided in section | 15317 |
| 1533.111 of the Revised Code in addition to a nonresident hunting | 15318 |
| license or a special youth hunting license, as applicable, as | 15319 |
| provided in this section. | 15320 |
| No person shall procure or attempt to procure a hunting | 15321 |
| license by fraud, deceit, misrepresentation, or any false | 15322 |
| statement. | 15323 |
| This section does not authorize the taking and possessing of | 15324 |
| deer or wild turkeys without first having obtained, in addition to | 15325 |
| the hunting license required by this section, a special deer or | 15326 |
| wild turkey permit as provided in section 1533.11 of the Revised | 15327 |
| Code or the taking and possessing of ducks, geese, or brant | 15328 |
| without first having obtained, in addition to the hunting license | 15329 |
| required by this section, a wetlands habitat stamp as provided in | 15330 |
| section 1533.112 of the Revised Code. | 15331 |
| This section does not authorize the hunting or trapping of | 15332 |
| fur-bearing animals without first having obtained, in addition to | 15333 |
| a hunting license required by this section, a fur taker permit as | 15334 |
| provided in section 1533.111 of the Revised Code. | 15335 |
| No hunting license shall be issued unless it is accompanied | 15336 |
| by a written explanation of the law in section 1533.17 of the | 15337 |
| Revised Code and the penalty for its violation, including a | 15338 |
| description of terms of imprisonment and fines that may be | 15339 |
| imposed. | 15340 |
| No hunting license shall be issued unless the applicant | 15341 |
| presents to the agent authorized to issue the license a previously | 15342 |
| held hunting license or evidence of having held such a license in | 15343 |
| content and manner approved by the chief, a certificate of | 15344 |
| completion issued upon completion of a hunter education and | 15345 |
| conservation course approved by the chief, or evidence of | 15346 |
| equivalent training in content and manner approved by the chief. | 15347 |
| No person shall issue a hunting license to any person who | 15348 |
| fails to present the evidence required by this section. No person | 15349 |
| shall purchase or obtain a hunting license without presenting to | 15350 |
| the issuing agent the evidence required by this section. Issuance | 15351 |
| of a hunting license in violation of the requirements of this | 15352 |
| section is an offense by both the purchaser of the illegally | 15353 |
| obtained hunting license and the clerk or agent who issued the | 15354 |
| hunting license. Any hunting license issued in violation of this | 15355 |
| section is void. | 15356 |
| The chief, with approval of the wildlife council, shall adopt | 15357 |
| rules prescribing a hunter education and conservation course for | 15358 |
| first-time hunting license buyers and for volunteer instructors. | 15359 |
| The course shall consist of subjects including, but not limited | 15360 |
| to, hunter safety and health, use of hunting implements, hunting | 15361 |
| tradition and ethics, the hunter and conservation, the law in | 15362 |
| section 1533.17 of the Revised Code along with the penalty for its | 15363 |
| violation, including a description of terms of imprisonment and | 15364 |
| fines that may be imposed, and other law relating to hunting. | 15365 |
| Authorized personnel of the division or volunteer instructors | 15366 |
| approved by the chief shall conduct such courses with such | 15367 |
| frequency and at such locations throughout the state as to | 15368 |
| reasonably meet the needs of license applicants. The chief shall | 15369 |
| issue a certificate of completion to each person who successfully | 15370 |
| completes the course and passes an examination prescribed by the | 15371 |
| chief. | 15372 |
| Sec. 1533.11. (A) Except as provided in this section, no | 15373 |
| person shall hunt deer on lands of another without first obtaining | 15374 |
| an annual special deer permit. Except as provided in this section, | 15375 |
| no person shall hunt wild turkeys on lands of another without | 15376 |
| first obtaining an annual special wild turkey permit. Each | 15377 |
| applicant for a special deer or wild turkey permit shall pay an | 15378 |
| annual fee of twenty-three dollars for each permit unless the | 15379 |
| rules adopted under division (B) of section 1533.12 of the Revised | 15380 |
| Code provide for issuance of a deer or wild turkey permit to the | 15381 |
| applicant free of charge. Except as provided in rules adopted | 15382 |
| under division (B)(2) of that section, each applicant who is a | 15383 |
| resident of this state and who at the time of application is | 15384 |
| sixty-six years of age or older shall procure a special senior | 15385 |
| deer or wild turkey permit, the fee for which shall be one-half of | 15386 |
| the regular special deer or wild turkey permit fee. Each applicant | 15387 |
| who is under the age of | 15388 |
| special youth deer or wild turkey permit, the fee for which shall | 15389 |
| be one-half of the regular special deer or wild turkey permit fee. | 15390 |
| Except as provided in division (A)(2) of section 1533.12 of the | 15391 |
| Revised Code, a deer or wild turkey permit shall run concurrently | 15392 |
| with the hunting license. The money received shall be paid into | 15393 |
| the state treasury to the credit of the wildlife fund, created in | 15394 |
| section 1531.17 of the Revised Code, exclusively for the use of | 15395 |
| the division of wildlife in the acquisition and development of | 15396 |
| land for deer or wild turkey management, for investigating deer or | 15397 |
| wild turkey problems, and for the stocking, management, and | 15398 |
| protection of deer or wild turkey. Every person, while hunting | 15399 |
| deer or wild turkey on lands of another, shall carry the person's | 15400 |
| special deer or wild turkey permit and exhibit it to any | 15401 |
| enforcement officer so requesting. Failure to so carry and exhibit | 15402 |
| such a permit constitutes an offense under this section. The chief | 15403 |
| of the division of wildlife shall adopt any additional rules the | 15404 |
| chief considers necessary to carry out this section and section | 15405 |
| 1533.10 of the Revised Code. | 15406 |
| The owner and the children of the owner of lands in this | 15407 |
| state may hunt deer or wild turkey thereon without a special deer | 15408 |
| or wild turkey permit. The tenant and children of the tenant may | 15409 |
| hunt deer or wild turkey on lands where they reside without a | 15410 |
| special deer or wild turkey permit. | 15411 |
| (B) A special deer or wild turkey permit is not transferable. | 15412 |
| No person shall carry a special deer or wild turkey permit issued | 15413 |
| in the name of another person. | 15414 |
| (C) The wildlife refunds fund is hereby created in the state | 15415 |
| treasury. The fund shall consist of money received from | 15416 |
| application fees for special deer permits that are not issued. | 15417 |
| Money in the fund shall be used to make refunds of such | 15418 |
| application fees. | 15419 |
| Sec. 1533.111. Except as provided in this section or | 15420 |
| division (A)(2) of section 1533.12 of the Revised Code, no person | 15421 |
| shall hunt or trap fur-bearing animals on land of another without | 15422 |
| first obtaining an annual fur taker permit. Each applicant for a | 15423 |
| fur taker permit shall pay an annual fee of fourteen dollars for | 15424 |
| the permit, except as otherwise provided in this section or unless | 15425 |
| the rules adopted under division (B) of section 1533.12 of the | 15426 |
| Revised Code provide for issuance of a fur taker permit to the | 15427 |
| applicant free of charge. Except as provided in rules adopted | 15428 |
| under division (B)(2) of that section, each applicant who is a | 15429 |
| resident of this state and who at the time of application is | 15430 |
| sixty-six years of age or older shall procure a special senior fur | 15431 |
| taker permit, the fee for which shall be one-half of the regular | 15432 |
| fur taker permit fee. Each applicant | 15433 |
| 15434 | |
| special youth fur taker permit, the fee for which shall be | 15435 |
| one-half of the regular fur taker permit fee. The fur taker permit | 15436 |
| shall run concurrently with the hunting license. The money | 15437 |
| received shall be paid into the state treasury to the credit of | 15438 |
| the fund established in section 1533.15 of the Revised Code. | 15439 |
| No fur taker permit shall be issued unless it is accompanied | 15440 |
| by a written explanation of the law in section 1533.17 of the | 15441 |
| Revised Code and the penalty for its violation, including a | 15442 |
| description of terms of imprisonment and fines that may be | 15443 |
| imposed. | 15444 |
| No fur taker permit shall be issued unless the applicant | 15445 |
| presents to the agent authorized to issue a fur taker permit a | 15446 |
| previously held hunting license or trapping or fur taker permit or | 15447 |
| evidence of having held such a license or permit in content and | 15448 |
| manner approved by the chief of the division of wildlife, a | 15449 |
| certificate of completion issued upon completion of a trapper | 15450 |
| education course approved by the chief, or evidence of equivalent | 15451 |
| training in content and manner approved by the chief. | 15452 |
| No person shall issue a fur taker permit to any person who | 15453 |
| fails to present the evidence required by this section. No person | 15454 |
| shall purchase or obtain a fur taker permit without presenting to | 15455 |
| the issuing agent the evidence required by this section. Issuance | 15456 |
| of a fur taker permit in violation of the requirements of this | 15457 |
| section is an offense by both the purchaser of the illegally | 15458 |
| obtained permit and the clerk or agent who issued the permit. Any | 15459 |
| fur taker permit issued in violation of this section is void. | 15460 |
| The chief, with approval of the wildlife council, shall adopt | 15461 |
| rules prescribing a trapper education course for first-time fur | 15462 |
| taker permit buyers and for volunteer instructors. The course | 15463 |
| shall consist of subjects that include, but are not limited to, | 15464 |
| trapping techniques, animal habits and identification, trapping | 15465 |
| tradition and ethics, the trapper and conservation, the law in | 15466 |
| section 1533.17 of the Revised Code along with the penalty for its | 15467 |
| violation, including a description of terms of imprisonment and | 15468 |
| fines that may be imposed, and other law relating to trapping. | 15469 |
| Authorized personnel of the division of wildlife or volunteer | 15470 |
| instructors approved by the chief shall conduct the courses with | 15471 |
| such frequency and at such locations throughout the state as to | 15472 |
| reasonably meet the needs of permit applicants. The chief shall | 15473 |
| issue a certificate of completion to each person who successfully | 15474 |
| completes the course and passes an examination prescribed by the | 15475 |
| chief. | 15476 |
| Every person, while hunting or trapping fur-bearing animals | 15477 |
| on lands of another, shall carry the person's fur taker permit | 15478 |
| 15479 | |
| signature written | 15480 |
| carry such a signed permit constitutes an offense under this | 15481 |
| section. The chief shall adopt any additional rules the chief | 15482 |
| considers necessary to carry out this section. | 15483 |
| The owner and the children of the owner of lands in this | 15484 |
| state may hunt or trap fur-bearing animals thereon without a fur | 15485 |
| taker permit. The tenant and children of the tenant may hunt or | 15486 |
| trap fur-bearing animals on lands where they reside without a fur | 15487 |
| taker permit. | 15488 |
| A fur taker permit is not transferable. No person shall carry | 15489 |
| a fur taker permit issued in the name of another person. | 15490 |
| A fur taker permit entitles a nonresident to take from this | 15491 |
| state fur-bearing animals taken and possessed by the nonresident | 15492 |
| as provided by law or division rule. | 15493 |
| Sec. 1533.112. Except as provided in this section or unless | 15494 |
| otherwise provided by division rule, no person shall hunt ducks, | 15495 |
| geese, or brant on the lands of another without first obtaining an | 15496 |
| annual wetlands habitat stamp. The annual fee for the wetlands | 15497 |
| habitat stamp shall be fourteen dollars for each stamp unless the | 15498 |
| rules adopted under division (B) of section 1533.12 provide for | 15499 |
| issuance of a wetlands habitat stamp to the applicant free of | 15500 |
| charge. | 15501 |
| Moneys received from the stamp fee shall be paid into the | 15502 |
| state treasury to the credit of the wetlands habitat fund, which | 15503 |
| is hereby established. Moneys shall be paid from the fund on the | 15504 |
| order of the director of natural resources for the following | 15505 |
| purposes: | 15506 |
| (A) Sixty per cent for projects that the division approves | 15507 |
| for the acquisition, development, management, or preservation of | 15508 |
| waterfowl areas within the state; | 15509 |
| (B) Forty per cent for contribution by the division to an | 15510 |
| appropriate nonprofit organization for the acquisition, | 15511 |
| development, management, or preservation of lands and waters | 15512 |
| within the United States or Canada that provide or will provide | 15513 |
| habitat for waterfowl with migration routes that cross this state. | 15514 |
| No moneys derived from the issuance of wetlands habitat | 15515 |
| stamps shall be spent for purposes other than those specified by | 15516 |
| this section. All investment earnings of the fund shall be | 15517 |
| credited to the fund. | 15518 |
| Wetlands habitat stamps shall be furnished by and in a form | 15519 |
| prescribed by the chief of the division of wildlife and issued by | 15520 |
| clerks and other agents authorized to issue licenses and permits | 15521 |
| under section 1533.13 of the Revised Code. The record of stamps | 15522 |
| kept by the clerks and other agents shall be uniform throughout | 15523 |
| the state, in such form or manner as the director prescribes, and | 15524 |
| open at all reasonable hours to the inspection of any person. | 15525 |
| Unless otherwise provided by rule, each stamp shall remain in | 15526 |
| force until midnight of the thirty-first day of August next | 15527 |
| ensuing. Wetlands habitat stamps may be issued in any manner to | 15528 |
| any person on any date, whether or not that date is within the | 15529 |
| period in which they are effective. | 15530 |
| Every person to whom this section applies, while hunting | 15531 |
| ducks, geese, or brant, shall carry an unexpired wetlands habitat | 15532 |
| stamp that is validated by the person's signature written on the | 15533 |
| stamp in ink and shall exhibit the stamp to any enforcement | 15534 |
| officer so requesting. No person shall fail to carry and exhibit | 15535 |
| the person's stamp. | 15536 |
| A wetlands habitat stamp is not transferable. | 15537 |
| The chief shall establish a procedure to obtain subject | 15538 |
| matter to be printed on the wetlands habitat stamp and shall use, | 15539 |
| dispose of, or distribute the subject matter as the chief | 15540 |
| considers necessary. The chief also shall adopt rules necessary to | 15541 |
| administer this section. | 15542 |
| This section does not apply to persons under sixteen years of | 15543 |
| age nor to persons exempted from procuring a hunting license under | 15544 |
| section 1533.10 or division (A)(2) of section 1533.12 of the | 15545 |
| Revised Code. | 15546 |
| Sec. 1533.12. (A)(1) Except as otherwise provided in | 15547 |
| division (A)(2) of this section, every person on active duty in | 15548 |
| the armed forces of the United States who is stationed in this | 15549 |
| state and who wishes to engage in an activity for which a license, | 15550 |
| permit, or stamp is required under this chapter first shall obtain | 15551 |
| the requisite license, permit, or stamp. Such a person is eligible | 15552 |
| to obtain a resident hunting or fishing license regardless of | 15553 |
| whether the person qualifies as a resident of this state. To | 15554 |
| obtain a resident hunting or fishing license, the person shall | 15555 |
| present a card or other evidence identifying the person as being | 15556 |
| on active duty in the armed forces of the United States and as | 15557 |
| being stationed in this state. | 15558 |
| (2) Every person on active duty in the armed forces of the | 15559 |
| United States, while on leave or furlough, may take or catch fish | 15560 |
| of the kind lawfully permitted to be taken or caught within the | 15561 |
| state, may hunt any wild bird or wild quadruped lawfully permitted | 15562 |
| to be hunted within the state, and may trap fur-bearing animals | 15563 |
| lawfully permitted to be trapped within the state, without | 15564 |
| procuring a fishing license, a hunting license, a fur taker | 15565 |
| permit, or a wetlands habitat stamp required by this chapter, | 15566 |
| provided that the person shall carry on the person when fishing, | 15567 |
| hunting, or trapping, a card or other evidence identifying the | 15568 |
| person as being on active duty in the armed forces of the United | 15569 |
| States, and provided that the person is not otherwise violating | 15570 |
| any of the hunting, fishing, and trapping laws of this state. | 15571 |
| In order to hunt deer or wild turkey, any such person shall | 15572 |
| obtain a special deer or wild turkey permit, as applicable, under | 15573 |
| section 1533.11 of the Revised Code. However, the person need not | 15574 |
| obtain a hunting license in order to obtain such a permit. | 15575 |
| (B) The chief of the division of wildlife shall provide by | 15576 |
| rule adopted under section 1531.10 of the Revised Code all of the | 15577 |
| following: | 15578 |
| (1) Every resident of this state with a disability that has | 15579 |
| been determined by the veterans administration to be permanently | 15580 |
| and totally disabling, who receives a pension or compensation from | 15581 |
| the veterans administration, and who received an honorable | 15582 |
| discharge from the armed forces of the United States, and every | 15583 |
| veteran to whom the registrar of motor vehicles has issued a set | 15584 |
| of license plates under section 4503.41 of the Revised Code, shall | 15585 |
| be issued an annual fishing license, hunting license, fur taker | 15586 |
| permit, deer or wild turkey permit, or wetlands habitat stamp, or | 15587 |
| any combination of those licenses, permits, and stamp, free of | 15588 |
| charge when application is made to the chief in the manner | 15589 |
| prescribed by and on forms provided by the chief. | 15590 |
| (2) Every resident of the state who was born on or before | 15591 |
| December 31, 1937, shall be issued an annual fishing license, | 15592 |
| hunting license, fur taker permit, deer or wild turkey permit, or | 15593 |
| wetlands habitat stamp, or any combination of those licenses, | 15594 |
| permits, and stamp, free of charge when application is made to the | 15595 |
| chief in the manner prescribed by and on forms provided by the | 15596 |
| chief. | 15597 |
| (3) Every resident of state or county institutions, | 15598 |
| charitable institutions, and military homes in this state shall be | 15599 |
| issued an annual fishing license free of charge when application | 15600 |
| is made to the chief in the manner prescribed by and on forms | 15601 |
| provided by the chief. | 15602 |
| (4) Any mobility impaired or blind person, as defined in | 15603 |
| section 955.011 of the Revised Code, who is a resident of this | 15604 |
| state and who is unable to engage in fishing without the | 15605 |
| assistance of another person shall be issued an annual fishing | 15606 |
| license free of charge when application is made to the chief in | 15607 |
| the manner prescribed by and on forms provided by the chief. The | 15608 |
| person who is assisting the mobility impaired or blind person may | 15609 |
| assist in taking or catching fish of the kind permitted to be | 15610 |
| taken or caught without procuring the license required under | 15611 |
| section 1533.32 of the Revised Code, provided that only one line | 15612 |
| is used by both persons. | 15613 |
| (5) As used in division (B)(5) of this section, "prisoner of | 15614 |
| war" means any regularly appointed, enrolled, enlisted, or | 15615 |
| inducted member of the military forces of the United States who | 15616 |
| was captured, separated, and incarcerated by an enemy of the | 15617 |
| United States. | 15618 |
| Any person who has been a prisoner of war, was honorably | 15619 |
| discharged from the military forces, and is a resident of this | 15620 |
| state shall be issued an annual fishing license, hunting license, | 15621 |
| fur taker permit, or wetlands habitat stamp, or any combination of | 15622 |
| those licenses, permits, and stamp, free of charge when | 15623 |
| application is made to the chief in the manner prescribed by and | 15624 |
| on forms provided by the chief. | 15625 |
| (C) The chief shall adopt rules pursuant to section 1531.08 | 15626 |
| of the Revised Code designating not more than two days, which need | 15627 |
| not be consecutive, in each year as "free sport fishing days" on | 15628 |
| which any resident may exercise the privileges accorded the holder | 15629 |
| of a fishing license issued under section 1533.32 of the Revised | 15630 |
| Code without procuring such a license, provided that the person is | 15631 |
| not otherwise violating any of the fishing laws of this state. | 15632 |
| Sec. 1533.32. Except as provided in this section or division | 15633 |
| (A)(2) or (C) of section 1533.12 of the Revised Code, no person, | 15634 |
| including nonresidents, shall take or catch any fish by angling in | 15635 |
| any of the waters in the state or engage in fishing in those | 15636 |
| waters without a license. No person shall take or catch frogs or | 15637 |
| turtles without a valid fishing license, except as provided in | 15638 |
| this section. Persons fishing in privately owned ponds, lakes, or | 15639 |
| reservoirs to or from which fish are not accustomed to migrate are | 15640 |
| exempt from the license requirements set forth in this section. | 15641 |
| Persons fishing in privately owned ponds, lakes, or reservoirs | 15642 |
| that are open to public fishing through an agreement or lease with | 15643 |
| the division of wildlife shall comply with the license | 15644 |
| requirements set forth in this section. | 15645 |
| The fee for an annual license shall be thirty-nine dollars | 15646 |
| for a resident of a state that is not a party to an agreement | 15647 |
| under section 1533.91 of the Revised Code. The fee for an annual | 15648 |
| license shall be eighteen dollars for a resident of a state that | 15649 |
| is a party to such an agreement. The fee for an annual license for | 15650 |
| residents of this state shall be eighteen dollars unless the rules | 15651 |
| adopted under division (B) of section 1533.12 of the Revised Code | 15652 |
| provide for issuance of a resident fishing license to the | 15653 |
| applicant free of charge. Except as provided in rules adopted | 15654 |
| under division (B)(2) of that section, each applicant who is a | 15655 |
| resident of this state and who at the time of application is | 15656 |
| sixty-six years of age or older shall procure a special senior | 15657 |
| fishing license, the fee for which shall be one-half of the annual | 15658 |
| resident fishing license fee. | 15659 |
| Any person under the age of sixteen years may take or catch | 15660 |
| frogs and turtles and take or catch fish by angling without a | 15661 |
| license. | 15662 |
| The chief of the division of wildlife may issue a tourist's | 15663 |
| license expiring three days from the effective date of the license | 15664 |
| to a resident of a state that is not a party to an agreement under | 15665 |
| section 1533.91 of the Revised Code. The fee for a tourist's | 15666 |
| license shall be eighteen dollars. | 15667 |
| The chief shall adopt rules under section 1531.10 of the | 15668 |
| Revised Code providing for the issuance of a one-day fishing | 15669 |
| license to a resident of this state or of any other state. The fee | 15670 |
| for such a license shall be fifty-five per cent of the amount | 15671 |
| established under this section for a tourist's license, rounded up | 15672 |
| to the nearest whole dollar. A one-day fishing license shall allow | 15673 |
| the holder to take or catch fish by angling in the waters in the | 15674 |
| state, engage in fishing in those waters, or take or catch frogs | 15675 |
| or turtles in those waters for one day without obtaining an annual | 15676 |
| license or a tourist's license under this section. At the request | 15677 |
| of a holder of a one-day fishing license who wishes to obtain an | 15678 |
| annual license, a clerk or agent authorized to issue licenses | 15679 |
| under section 1533.13 of the Revised Code, not later than the last | 15680 |
| day on which the one-day license would be valid if it were an | 15681 |
| annual license, shall credit the amount of the fee paid for the | 15682 |
| one-day license toward the fee charged for the annual license if | 15683 |
| so authorized by the chief. The clerk or agent shall issue the | 15684 |
| annual license upon presentation of the one-day license and | 15685 |
| payment of a fee in an amount equal to the difference between the | 15686 |
| fee for the annual license and the fee for the one-day license. | 15687 |
| | 15688 |
| Unless otherwise provided by division rule, each annual | 15689 |
| license shall begin on the first day of March of the current year | 15690 |
| and expire on the last day of February of the following year. | 15691 |
| No person shall alter a fishing license or possess a fishing | 15692 |
| license that has been altered. | 15693 |
| No person shall procure or attempt to procure a fishing | 15694 |
| license by fraud, deceit, misrepresentation, or any false | 15695 |
| statement. | 15696 |
| Owners of land over, through, upon, or along which any water | 15697 |
| flows or stands, except where the land is in or borders on state | 15698 |
| parks or state-owned lakes, together with the members of the | 15699 |
| immediate families of such owners, may take frogs and turtles and | 15700 |
| may take or catch fish of the kind permitted to be taken or caught | 15701 |
| therefrom without procuring a license provided for in this | 15702 |
| section. This exemption extends to tenants actually residing upon | 15703 |
| such lands and to the members of the immediate families of the | 15704 |
| tenants. Residents of state or county institutions, charitable | 15705 |
| institutions, and military homes in this state may take frogs and | 15706 |
| turtles without procuring the required license, provided that a | 15707 |
| member of the institution or home has an identification card, | 15708 |
| which shall be carried on that person when fishing. | 15709 |
| Every fisher required to be licensed, while fishing or taking | 15710 |
| or attempting to take frogs or turtles, shall carry the license | 15711 |
| and exhibit it to any person. Failure to so carry and exhibit the | 15712 |
| license constitutes an offense under this section. | 15713 |
| Sec. 1541.03. All lands and waters dedicated and set apart | 15714 |
| for state park purposes shall be under the control and management | 15715 |
| of the division of parks and recreation, which shall protect, | 15716 |
| maintain, and keep them in repair. The division shall have the | 15717 |
| following powers over all such lands and waters: | 15718 |
| (A) To make alterations and improvements; | 15719 |
| (B) To construct and maintain dikes, wharves, landings, | 15720 |
| docks, dams, and other works; | 15721 |
| (C) To construct and maintain roads and drives in, around, | 15722 |
| upon, and to the lands and waters to make them conveniently | 15723 |
| accessible and useful to the public; | 15724 |
| (D) | 15725 |
| adopt, amend, and rescind, in accordance with Chapter 119. of the | 15726 |
| Revised Code, rules necessary for the proper management of state | 15727 |
| parks, bodies of water, and the lands adjacent to them under its | 15728 |
| jurisdiction and control, including the following: | 15729 |
| (1) Governing opening and closing times and dates of the | 15730 |
| parks; | 15731 |
| (2) Establishing fees and charges for | 15732 |
| 15733 |
| (3) Governing camps, camping, and fees for camps and camping; | 15734 |
| (4) Governing the application for and rental of, rental fees | 15735 |
| for, and the use of cabins; | 15736 |
| (5) Relating to public use of state park lands, and governing | 15737 |
| the operation of motor vehicles, including speeds, and parking on | 15738 |
| those lands; | 15739 |
| (6) Governing all advertising within state parks and the | 15740 |
| requirements for the operation of places selling tangible personal | 15741 |
| property and control of food service sales on lands and waters | 15742 |
| under the control of the division, which rules shall establish | 15743 |
| uniform requirements; | 15744 |
| (7) Providing uniform standards relating to the size, type, | 15745 |
| location, construction, and maintenance of structures and devices | 15746 |
| used for fishing or moorage of watercraft, rowboats, sailboats, | 15747 |
| and powercraft, as those terms are defined in section 1547.01 of | 15748 |
| the Revised Code, over waters under the control of the division | 15749 |
| and establishing reasonable fees for the construction of and | 15750 |
| annual use permits for those structures and devices; | 15751 |
| (8) Governing state beaches, swimming, inflatable devices, | 15752 |
| and fees for them; | 15753 |
| (9) Governing the removal and disposition of any watercraft, | 15754 |
| rowboat, sailboat, or powercraft, as those terms are defined in | 15755 |
| section 1547.01 of the Revised Code, left unattended for more than | 15756 |
| seven days on any lands or waters under the control of the | 15757 |
| division; | 15758 |
| (10) Governing the establishment and collection of check | 15759 |
| collection charges for checks that are returned to the division or | 15760 |
| dishonored for any reason. | 15761 |
| The division shall adopt rules under this section | 15762 |
| establishing a discount program for all persons who are issued a | 15763 |
| golden buckeye card under section 173.06 of the Revised Code. The | 15764 |
| discount program shall provide a discount for all park services | 15765 |
| and rentals, but shall not provide a discount for the purchase of | 15766 |
| merchandise. | 15767 |
| The division shall not adopt rules establishing fees or | 15768 |
| charges for parking a motor vehicle in a state park or for | 15769 |
| admission to a state park. | 15770 |
| Every resident of this state with a disability that has been | 15771 |
| determined by the veterans administration to be permanently and | 15772 |
| totally disabling, who receives a pension or compensation from the | 15773 |
| veterans administration, and who received an honorable discharge | 15774 |
| from the armed forces of the United States, and every veteran to | 15775 |
| whom the registrar of motor vehicles has issued a set of license | 15776 |
| plates under section 4503.41 of the Revised Code, shall be exempt | 15777 |
| from the fees for camping, provided that the resident or veteran | 15778 |
| carries in the state park such evidence of the resident's or | 15779 |
| veteran's disability as the chief of the division of parks and | 15780 |
| recreation prescribes by rule. | 15781 |
| | 15782 |
| resident of this state who is sixty-five years of age or older or | 15783 |
| who is permanently and totally disabled and who furnishes evidence | 15784 |
| of that age or disability in a manner prescribed by division rule | 15785 |
| shall be charged one-half of the regular fee for camping, except | 15786 |
| on the weekends and
holidays designated by the division | 15787 |
| 15788 | |
| regular charges for state recreational facilities, equipment, | 15789 |
| services, and food service operations utilized by the person at | 15790 |
| any time of year, whether maintained or operated by the state or | 15791 |
| leased for operation by another entity. | 15792 |
| As used in this section, "food service operations" means | 15793 |
| restaurants that are owned by the department of natural resources | 15794 |
| at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state | 15795 |
| parks or are part of a state park lodge. "Food service operations" | 15796 |
| does not include automatic vending machines, concession stands, or | 15797 |
| snack bars. | 15798 |
| As used in this section, "prisoner of war" means any | 15799 |
| regularly appointed, enrolled, enlisted, or inducted member of the | 15800 |
| military forces of the United States who was captured, separated, | 15801 |
| and incarcerated by an enemy of the United States. Any person who | 15802 |
| has been a prisoner of war, was honorably discharged from the | 15803 |
| military forces, and is a resident of this state is exempt from | 15804 |
| the fees for camping. To claim this exemption, the person shall | 15805 |
| present written evidence in the form of a record of separation, a | 15806 |
| letter from one of the military forces of the United States, or | 15807 |
| such other evidence as the chief prescribes by rule that satisfies | 15808 |
| the eligibility criteria established by this section. | 15809 |
| Sec. 1547.721. As used in sections 1547.721 to 1547.726 of | 15810 |
| the Revised Code: | 15811 |
| (A) "Eligible project" means a project that involves the | 15812 |
| acquisition, construction, establishment, reconstruction, | 15813 |
| rehabilitation, renovation, enlargement, improvement, equipping, | 15814 |
| furnishing, or development of either of the following: | 15815 |
| (1) Marine recreational facilities; | 15816 |
| (2) Refuge harbors and other projects for the harboring, | 15817 |
| mooring, docking, launching, and storing of light draft vessels. | 15818 |
| (B) "Marine recreational facilities," "refuge harbors," | 15819 |
| "light draft vessels," and "allowable costs" have the meanings | 15820 |
| established in rules adopted under section 1547.723 of the Revised | 15821 |
| Code. | 15822 |
| (C) "Revolving loan program" means the loan program | 15823 |
| established under sections 1547.721 to 1547.726 of the Revised | 15824 |
| Code. | 15825 |
| (D) "State agency" has the same meaning as in section 9.66 of | 15826 |
| the Revised Code. | 15827 |
| Sec. 1547.722. There is hereby created in the state treasury | 15828 |
| the watercraft revolving loan fund consisting of money | 15829 |
| appropriated or transferred to it, money received and credited to | 15830 |
| the fund under section 1547.726 of the Revised Code, and any | 15831 |
| grants, gifts, or contributions of moneys received for deposit to | 15832 |
| the credit of the fund. | 15833 |
| The director of natural resources shall use money in the | 15834 |
| watercraft revolving loan fund for the purpose of making loans | 15835 |
| under section 1547.724 of the Revised Code for eligible projects | 15836 |
| and taking actions under sections 1547.721 to 1547.726 of the | 15837 |
| Revised Code necessary to fulfill that purpose. The director may | 15838 |
| establish separate accounts in the fund for particular projects or | 15839 |
| otherwise. Income from the investment of money in the fund shall | 15840 |
| be credited to the fund, and, if the director so requires, to | 15841 |
| particular accounts in the fund. | 15842 |
| Sec. 1547.723. (A) The director of natural resources shall | 15843 |
| adopt rules under Chapter 119. of the Revised Code that the | 15844 |
| director determines to be necessary for the implementation of the | 15845 |
| revolving loan program. The rules shall include a definition of | 15846 |
| what constitutes "allowable costs" of an eligible project for | 15847 |
| purposes of the program together with a definition of "marine | 15848 |
| recreational facilities," "refuge harbors," and "light draft | 15849 |
| vessels," respectively. | 15850 |
| (B) The director may delegate any of the director's duties or | 15851 |
| responsibilities under sections 1547.721 to 1547.726 of the | 15852 |
| Revised Code to the chief of the division of watercraft. | 15853 |
| Sec. 1547.724. (A) With the approval of the controlling | 15854 |
| board, and subject to the other applicable provisions of sections | 15855 |
| 1547.721 to 1547.726 of the Revised Code, the director of natural | 15856 |
| resources may lend moneys in the watercraft revolving loan fund to | 15857 |
| public or private entities for the purpose of paying the allowable | 15858 |
| costs of an eligible project. Loans shall be made under this | 15859 |
| division only if the director determines that all of the following | 15860 |
| apply: | 15861 |
| (1) The project is an eligible project and is economically | 15862 |
| sound; | 15863 |
| (2) The borrower is unable to finance the necessary allowable | 15864 |
| costs through ordinary financial channels upon comparable terms; | 15865 |
| (3) The repayment of the loan will be adequately secured by a | 15866 |
| mortgage, lien, assignment, or pledge at a level of priority as | 15867 |
| the director may require; | 15868 |
| (4) The amount of the loan does not exceed ninety per cent of | 15869 |
| the total cost of the project. | 15870 |
| (B) The determinations of the director under division (A) of | 15871 |
| this section shall be conclusive for purposes of the validity of a | 15872 |
| loan commitment evidenced by a loan agreement signed by the | 15873 |
| director. Further, the director's determinations that a project | 15874 |
| constitutes an eligible project and that the costs of such a | 15875 |
| project are allowable costs, together with all other | 15876 |
| determinations relevant to the project or to an action taken or | 15877 |
| agreement entered into under sections 1547.721 to 1547.726 of the | 15878 |
| Revised Code shall be conclusive for purposes of the validity and | 15879 |
| enforceability of rights of parties arising from actions taken and | 15880 |
| agreements entered into under those sections. | 15881 |
| (C) The director may take any actions necessary or | 15882 |
| appropriate with respect to a loan made under this section, | 15883 |
| including facilitating the collection of amounts due on a loan. | 15884 |
| Sec. 1547.725. For purposes of the revolving loan program, | 15885 |
| the director of natural resources may do any of the following: | 15886 |
| (A) Establish fees, charges, rates of interest, times of | 15887 |
| payment of interest and principal, and other terms, conditions, | 15888 |
| and provisions of and security for loans made from the watercraft | 15889 |
| revolving loan fund that the director determines to be appropriate | 15890 |
| and in furtherance of the purpose for which the loans are made; | 15891 |
| (B) Retain the services of or employ financial consultants, | 15892 |
| appraisers, consulting engineers, superintendents, managers, | 15893 |
| construction and accounting experts, attorneys, and employees, | 15894 |
| agents, and independent contractors that the director determines | 15895 |
| to be necessary and fix the compensation for their services; | 15896 |
| (C) Receive and accept from any person grants, gifts, | 15897 |
| contributions of money, property, labor, and other things of value | 15898 |
| to be held, used, and applied only for the purpose for which such | 15899 |
| grants, gifts, and contributions are made; | 15900 |
| (D) Enter into appropriate agreements with other governmental | 15901 |
| entities to provide for all of the following: | 15902 |
| (1) Payment of allowable costs related to the development of | 15903 |
| eligible projects for which loans have been made from the | 15904 |
| watercraft revolving loan fund; | 15905 |
| (2) Any governmental action a governmental entity is | 15906 |
| authorized to take, including undertaking on behalf and at the | 15907 |
| request of the director any action that the director is authorized | 15908 |
| to undertake pursuant to sections 1547.721 to 1547.725 of the | 15909 |
| Revised Code; | 15910 |
| (3) The operation of facilities associated with eligible | 15911 |
| projects. | 15912 |
| All state agencies shall cooperate with and provide | 15913 |
| assistance to the director as is necessary for the administration | 15914 |
| of sections 1547.721 to 1547.726 of the Revised Code. | 15915 |
| Sec. 1547.726. All money received by the state from the | 15916 |
| repayment of loans made from the watercraft revolving loan fund, | 15917 |
| including interest, fees, and charges associated with such loans, | 15918 |
| shall be deposited to the credit of the watercraft revolving loan | 15919 |
| fund. | 15920 |
| Sec. 1548.06. (A)(1) Application for a certificate of title | 15921 |
| for a watercraft or outboard motor shall be made upon a form | 15922 |
| prescribed by the chief of the division of watercraft and shall be | 15923 |
| sworn to before a notary public or other officer empowered to | 15924 |
| administer oaths. The application shall be filed with the clerk of | 15925 |
| any court of common pleas. An application for a certificate of | 15926 |
| title may be filed electronically by any electronic means approved | 15927 |
| by the chief in any county with the clerk of the court of common | 15928 |
| pleas of that county. The application shall be accompanied by the | 15929 |
| fee prescribed in section 1548.10 of the Revised Code. The fee | 15930 |
| shall be retained by the clerk who issues the certificate of title | 15931 |
| and shall be distributed in accordance with that section. If a | 15932 |
| clerk of a court of common pleas, other than the clerk of the | 15933 |
| court of common pleas of an applicant's county of residence, | 15934 |
| issues a certificate of title to the applicant, the clerk shall | 15935 |
| transmit data related to the transaction to the automated title | 15936 |
| processing system. | 15937 |
| (2) If a certificate of title previously has been issued for | 15938 |
| the watercraft or outboard motor, the application for a | 15939 |
| certificate of title also shall be accompanied by the certificate | 15940 |
| of title duly assigned unless otherwise provided in this chapter. | 15941 |
| If a certificate of title previously has not been issued for the | 15942 |
| watercraft or outboard motor in this state, the application, | 15943 |
| unless otherwise provided in this chapter, shall be accompanied by | 15944 |
| a manufacturer's or importer's certificate; by a sworn statement | 15945 |
| of ownership if the watercraft or outboard motor was purchased by | 15946 |
| the applicant on or before October 9, 1963, or if the watercraft | 15947 |
| is less than fourteen feet long with a permanently affixed | 15948 |
| mechanical means of propulsion and was purchased by the applicant | 15949 |
| on or before January 1, 2000; or by a certificate of title, bill | 15950 |
| of sale, or other evidence of ownership required by the law of | 15951 |
| another state from which the watercraft or outboard motor was | 15952 |
| brought into this state. Evidence of ownership of a watercraft or | 15953 |
| outboard motor for which an Ohio certificate of title previously | 15954 |
| has not been issued and which watercraft or outboard motor does | 15955 |
| not have permanently affixed to it a manufacturer's serial number | 15956 |
| shall be accompanied by the certificate of assignment of a hull | 15957 |
| identification number assigned by the chief as provided in section | 15958 |
| 1548.07 of the Revised Code. | 15959 |
| (3) The clerk shall retain the evidence of title presented by | 15960 |
| the applicant and on which the certificate of title is issued, | 15961 |
| except that, if an application for a certificate of title is filed | 15962 |
| electronically, by a vendor on behalf of a purchaser of a | 15963 |
| watercraft or outboard motor, the clerk shall retain the completed | 15964 |
| electronic record to which the vendor converted the certificate of | 15965 |
| title application and other required documents. The chief, after | 15966 |
| consultation with the attorney general, shall adopt rules that | 15967 |
| govern the location at which, and the manner in which, are stored | 15968 |
| the actual application and all other documents relating to the | 15969 |
| sale of a watercraft or outboard motor when a vendor files the | 15970 |
| application for a certificate of title electronically on behalf of | 15971 |
| a purchaser. | 15972 |
| (B) The clerk shall use reasonable diligence in ascertaining | 15973 |
| whether the facts in the application are true by checking the | 15974 |
| application and documents accompanying it or the electronic record | 15975 |
| to which a vendor converted the application and accompanying | 15976 |
| documents with the records of watercraft and outboard motors in | 15977 |
| the clerk's office. If the clerk is satisfied that the applicant | 15978 |
| is the owner of the watercraft or outboard motor and that the | 15979 |
| application is in the proper form, the clerk shall issue a | 15980 |
| physical certificate of title over the clerk's signature and | 15981 |
| sealed with the clerk's seal unless the applicant specifically | 15982 |
| requests the clerk not to issue a physical certificate of title | 15983 |
| and instead to issue an electronic certificate of title. However, | 15984 |
| if the evidence indicates and an investigation shows that one or | 15985 |
| more Ohio titles already exist for the watercraft or outboard | 15986 |
| motor, the chief may cause the redundant title or titles to be | 15987 |
| canceled. | 15988 |
| (C) In the case of the sale of a watercraft or outboard motor | 15989 |
| by a vendor to a general purchaser or user, the certificate of | 15990 |
| title shall be obtained in the name of the purchaser by the vendor | 15991 |
| upon application signed by the purchaser. In all other cases, the | 15992 |
| certificate shall be obtained by the purchaser. In all cases of | 15993 |
| transfer of watercraft or outboard motors, the application for | 15994 |
| certificate of title shall be filed within thirty days after the | 15995 |
| later of the date of purchase or assignment of ownership of the | 15996 |
| watercraft or outboard motor. If the application for certificate | 15997 |
| of title is not filed within thirty days after the later of the | 15998 |
| date of purchase or assignment of ownership of the watercraft or | 15999 |
| outboard motor, the clerk shall charge a late penalty fee of five | 16000 |
| dollars in addition to the fee prescribed by section 1548.10 of | 16001 |
| the Revised Code. The clerk shall retain the entire amount of each | 16002 |
| late penalty fee. | 16003 |
| (D) The clerk shall refuse to accept an application for | 16004 |
| certificate of title unless the applicant either tenders with the | 16005 |
| application payment of all taxes levied by or pursuant to Chapter | 16006 |
| 5739. or 5741. of the Revised Code based on the applicant's county | 16007 |
| of residence less, in the case of a sale by a vendor, any discount | 16008 |
| to which the vendor is entitled under section 5739.12 of the | 16009 |
| Revised Code, or submits any of the following: | 16010 |
| | 16011 |
| courts showing payment of the tax; | 16012 |
| | 16013 |
| by the purchaser at the time of sale as provided in section | 16014 |
| 5739.03 of the Revised Code; | 16015 |
| | 16016 |
| tax commissioner, that specifies why the purchase is not subject | 16017 |
| to the tax imposed by Chapter 5739. or 5741. of the Revised Code. | 16018 |
| Payment of the tax shall be in accordance with rules issued | 16019 |
| by the tax commissioner, and the clerk shall issue a receipt in | 16020 |
| the form prescribed by the tax commissioner to any applicant who | 16021 |
| tenders payment of the tax with the application for the | 16022 |
| certificate of title. | 16023 |
| (E)(1) For receiving and disbursing the taxes paid to the | 16024 |
| clerk by a resident of the clerk's county, the clerk may retain a | 16025 |
| poundage fee of one and one one-hundredth per cent of the taxes | 16026 |
| collected, which shall be paid into the certificate of title | 16027 |
| administration fund created by section 325.33 of the Revised Code. | 16028 |
| The clerk shall not retain a poundage fee from payments of taxes | 16029 |
| by persons who do not reside in the clerk's county. | 16030 |
| (2) A clerk, however, may retain from the taxes paid to the | 16031 |
| clerk an amount equal to the poundage fees associated with | 16032 |
| certificates of title issued by other clerks of courts of common | 16033 |
| pleas to applicants who reside in the first clerk's county. The | 16034 |
| chief of the division of watercraft, in consultation with the tax | 16035 |
| commissioner and the clerks of the courts of common pleas, shall | 16036 |
| develop a report from the automated title processing system that | 16037 |
| informs each clerk of the amount of the poundage fees that the | 16038 |
| clerk is permitted to retain from those taxes because of | 16039 |
| certificates of title issued by the clerks of other counties to | 16040 |
| applicants who reside in the first clerk's county. | 16041 |
| (F) In the case of casual sales of watercraft or outboard | 16042 |
| motors that are subject to the tax imposed by Chapter 5739. or | 16043 |
| 5741. of the Revised Code, the purchase price for the purpose of | 16044 |
| determining the tax shall be the purchase price on an affidavit | 16045 |
| executed and filed with the clerk by the vendor on a form to be | 16046 |
| prescribed by the chief, which shall be prima-facie evidence of | 16047 |
| the price for the determination of the tax. In addition to the | 16048 |
| information required by section 1548.08 of the Revised Code, each | 16049 |
| certificate of title shall contain in bold lettering the following | 16050 |
| notification and statements: "WARNING TO TRANSFEROR AND TRANSFEREE | 16051 |
| (SELLER AND BUYER). You are required by law to state the true | 16052 |
| selling price. A false statement is a violation of section 2921.13 | 16053 |
| of the Revised Code and is punishable by six months imprisonment | 16054 |
| or a fine of up to one thousand dollars, or both. All transfers | 16055 |
| are audited by the department of taxation. The seller and buyer | 16056 |
| must provide any information requested by the department of | 16057 |
| taxation. The buyer may be assessed any additional tax found to be | 16058 |
| due." | 16059 |
| | 16060 |
| 16061 | |
| 16062 | |
| 16063 | |
| clerk of courts shall forward to the treasurer of state all sales | 16064 |
| and use tax collections resulting from sales of titled watercraft | 16065 |
| and outboard motors during a calendar week on or before the Friday | 16066 |
| following the close of that week. If, on any Friday, the offices | 16067 |
| of the clerk of courts or the state are not open for business, the | 16068 |
| tax shall be forwarded to the treasurer of state on or before the | 16069 |
| next day on which the offices are open. Every remittance of tax | 16070 |
| under this division shall be accompanied by a remittance report in | 16071 |
| such form as the tax commissioner prescribes. Upon receipt of a | 16072 |
| tax remittance and remittance report, the treasurer of state shall | 16073 |
| date stamp the report and forward it to the tax commissioner. If | 16074 |
| the tax due for any week is not remitted by a clerk of courts as | 16075 |
| required under this division, the clerk shall forfeit the poundage | 16076 |
| fees for the sales made during that week. The treasurer of state | 16077 |
| may require the clerks of courts to transmit tax collections and | 16078 |
| remittance reports electronically. | 16079 |
| (H) For purposes of a transfer of a certificate of title, if | 16080 |
| the clerk is satisfied that a secured party has discharged a lien | 16081 |
| but has not canceled the lien notation with a clerk, the clerk may | 16082 |
| cancel the lien notation on the automated title processing system | 16083 |
| and notify the clerk of the county of origin. | 16084 |
| (I) Every clerk shall have the capability to transact by | 16085 |
| electronic means all procedures and transactions relating to the | 16086 |
| issuance of watercraft or outboard motor certificates of title | 16087 |
| that are described in the Revised Code as being accomplished by | 16088 |
| electronic means. | 16089 |
| Sec. 1707.01. As used in this chapter: | 16090 |
| (A) Whenever the context requires it, "division" or "division | 16091 |
| of securities" may be read as "director of commerce" or as | 16092 |
| "commissioner of securities." | 16093 |
| (B) "Security" means any certificate or instrument, or any | 16094 |
| oral, written, or electronic agreement, understanding, or | 16095 |
| opportunity, that represents title to or interest in, or is | 16096 |
| secured by any lien or charge upon, the capital, assets, profits, | 16097 |
| property, or credit of any person or of any public or governmental | 16098 |
| body, subdivision, or agency. It includes shares of stock, | 16099 |
| certificates for shares of stock, an uncertificated security, | 16100 |
| membership interests in limited liability companies, voting-trust | 16101 |
| certificates, warrants and options to purchase securities, | 16102 |
| subscription rights, interim receipts, interim certificates, | 16103 |
| promissory notes, all forms of commercial paper, evidences of | 16104 |
| indebtedness, bonds, debentures, land trust certificates, fee | 16105 |
| certificates, leasehold certificates, syndicate certificates, | 16106 |
| endowment certificates, interests in or under profit-sharing or | 16107 |
| participation agreements, interests in or under oil, gas, or | 16108 |
| mining leases, preorganization or reorganization subscriptions, | 16109 |
| preorganization certificates, reorganization certificates, | 16110 |
| interests in any trust or pretended trust, any investment | 16111 |
| contract, any life settlement interest, any instrument evidencing | 16112 |
| a promise or an agreement to pay money, warehouse receipts for | 16113 |
| intoxicating liquor, and the currency of any government other than | 16114 |
| those of the United States and Canada, but sections 1707.01 to | 16115 |
| 1707.45 of the Revised Code do not apply to the sale of real | 16116 |
| estate. | 16117 |
| (C)(1) "Sale" has the full meaning of "sale" as applied by or | 16118 |
| accepted in courts of law or equity, and includes every | 16119 |
| disposition, or attempt to dispose, of a security or of an | 16120 |
| interest in a security. "Sale" also includes a contract to sell, | 16121 |
| an exchange, an attempt to sell, an option of sale, a solicitation | 16122 |
| of a sale, a solicitation of an offer to buy, a subscription, or | 16123 |
| an offer to sell, directly or indirectly, by agent, circular, | 16124 |
| pamphlet, advertisement, or otherwise. | 16125 |
| (2) "Sell" means any act by which a sale is made. | 16126 |
| (3) The use of advertisements, circulars, or pamphlets in | 16127 |
| connection with the sale of securities in this state exclusively | 16128 |
| to the purchasers specified in division (D) of section 1707.03 of | 16129 |
| the Revised Code is not a sale when the advertisements, circulars, | 16130 |
| and pamphlets describing and offering those securities bear a | 16131 |
| readily legible legend in substance as follows: "This offer is | 16132 |
| made on behalf of dealers licensed under sections 1707.01 to | 16133 |
| 1707.45 of the Revised Code, and is confined in this state | 16134 |
| exclusively to institutional investors and licensed dealers." | 16135 |
| (4) The offering of securities by any person in conjunction | 16136 |
| with a licensed dealer by use of advertisement, circular, or | 16137 |
| pamphlet is not a sale if that person does not otherwise attempt | 16138 |
| to sell securities in this state. | 16139 |
| (5) Any security given with, or as a bonus on account of, any | 16140 |
| purchase of securities is conclusively presumed to constitute a | 16141 |
| part of the subject of that purchase and has been "sold." | 16142 |
| (6) "Sale" by an owner, pledgee, or mortgagee, or by a person | 16143 |
| acting in a representative capacity, includes sale on behalf of | 16144 |
| such party by an agent, including a licensed dealer or | 16145 |
| salesperson. | 16146 |
| (D) "Person," except as otherwise provided in this chapter, | 16147 |
| means a natural person, firm, partnership, limited partnership, | 16148 |
| partnership association, syndicate, joint-stock company, | 16149 |
| unincorporated association, trust or trustee except where the | 16150 |
| trust was created or the trustee designated by law or judicial | 16151 |
| authority or by a will, and a corporation or limited liability | 16152 |
| company organized under the laws of any state, any foreign | 16153 |
| government, or any political subdivision of a state or foreign | 16154 |
| government. | 16155 |
| (E)(1) "Dealer," except as otherwise provided in this | 16156 |
| chapter, means every person, other than a salesperson, who engages | 16157 |
| or professes to engage, in this state, for either all or part of | 16158 |
| the person's time, directly or indirectly, either in the business | 16159 |
| of the sale of securities for the person's own account, or in the | 16160 |
| business of the purchase or sale of securities for the account of | 16161 |
| others in the reasonable expectation of receiving a commission, | 16162 |
| fee, or other remuneration as a result of engaging in the purchase | 16163 |
| and sale of securities. "Dealer" does not mean any of the | 16164 |
| following: | 16165 |
| (a) Any issuer, including any officer, director, employee, or | 16166 |
| trustee of, or member or manager of, or partner in, or any general | 16167 |
| partner of, any issuer, that sells, offers for sale, or does any | 16168 |
| act in furtherance of the sale of a security that represents an | 16169 |
| economic interest in that issuer, provided no commission, fee, or | 16170 |
| other similar remuneration is paid to or received by the issuer | 16171 |
| for the sale; | 16172 |
| (b) Any licensed attorney, public accountant, or firm of such | 16173 |
| attorneys or accountants, whose activities are incidental to the | 16174 |
| practice of the attorney's, accountant's, or firm's profession; | 16175 |
| (c) Any person that, for the account of others, engages in | 16176 |
| the purchase or sale of securities that are issued and outstanding | 16177 |
| before such purchase and sale, if a majority or more of the equity | 16178 |
| interest of an issuer is sold in that transaction, and if, in the | 16179 |
| case of a corporation, the securities sold in that transaction | 16180 |
| represent a majority or more of the voting power of the | 16181 |
| corporation in the election of directors; | 16182 |
| (d) Any person that brings an issuer together with a | 16183 |
| potential investor and whose compensation is not directly or | 16184 |
| indirectly based on the sale of any securities by the issuer to | 16185 |
| the investor; | 16186 |
| (e) Any bank; | 16187 |
| (f) Any person that the division of securities by rule | 16188 |
| exempts from the definition of "dealer" under division (E)(1) of | 16189 |
| this section. | 16190 |
| (2) "Licensed dealer" means a dealer licensed under this | 16191 |
| chapter. | 16192 |
| (F)(1) "Salesman" or "salesperson" means every natural | 16193 |
| person, other than a dealer, who is employed, authorized, or | 16194 |
| appointed by a dealer to sell securities within this state. | 16195 |
| (2) The general partners of a partnership, and the executive | 16196 |
| officers of a corporation or unincorporated association, licensed | 16197 |
| as a dealer are not salespersons within the meaning of this | 16198 |
| definition, nor are such clerical or other employees of an issuer | 16199 |
| or dealer as are employed for work to which the sale of securities | 16200 |
| is secondary and incidental; but the division of securities may | 16201 |
| require a license from any such partner, executive officer, or | 16202 |
| employee if it determines that protection of the public | 16203 |
| necessitates the licensing. | 16204 |
| (3) "Licensed salesperson" means a salesperson licensed under | 16205 |
| this chapter. | 16206 |
| (G) "Issuer" means every person who has issued, proposes to | 16207 |
| issue, or issues any security. | 16208 |
| (H) "Director" means each director or trustee of a | 16209 |
| corporation, each trustee of a trust, each general partner of a | 16210 |
| partnership, except a partnership association, each manager of a | 16211 |
| partnership association, and any person vested with managerial or | 16212 |
| directory power over an issuer not having a board of directors or | 16213 |
| trustees. | 16214 |
| (I) "Incorporator" means any incorporator of a corporation | 16215 |
| and any organizer of, or any person participating, other than in a | 16216 |
| representative or professional capacity, in the organization of an | 16217 |
| unincorporated issuer. | 16218 |
| (J) "Fraud," "fraudulent," "fraudulent acts," "fraudulent | 16219 |
| practices," or "fraudulent transactions" means anything recognized | 16220 |
| on or after July 22, 1929, as such in courts of law or equity; any | 16221 |
| device, scheme, or artifice to defraud or to obtain money or | 16222 |
| property by means of any false pretense, representation, or | 16223 |
| promise; any fictitious or pretended purchase or sale of | 16224 |
| securities; and any act, practice, transaction, or course of | 16225 |
| business relating to the purchase or sale of securities that is | 16226 |
| fraudulent or that has operated or would operate as a fraud upon | 16227 |
| the seller or purchaser. | 16228 |
| (K) Except as otherwise specifically provided, whenever any | 16229 |
| classification or computation is based upon "par value," as | 16230 |
| applied to securities without par value, the average of the | 16231 |
| aggregate consideration received or to be received by the issuer | 16232 |
| for each class of those securities shall be used as the basis for | 16233 |
| that classification or computation. | 16234 |
| (L)(1) "Intangible property" means patents, copyrights, | 16235 |
| secret processes, formulas, services, good will, promotion and | 16236 |
| organization fees and expenses, trademarks, trade brands, trade | 16237 |
| names, licenses, franchises, any other assets treated as | 16238 |
| intangible according to generally accepted accounting principles, | 16239 |
| and securities, accounts receivable, or contract rights having no | 16240 |
| readily determinable value. | 16241 |
| (2) "Tangible property" means all property other than | 16242 |
| intangible property and includes securities, accounts receivable, | 16243 |
| and contract rights, when the securities, accounts receivable, or | 16244 |
| contract rights have a readily determinable value. | 16245 |
| (M) "Public utilities" means those utilities defined in | 16246 |
| sections 4905.02, 4905.03, 4907.02, and 4907.03 of the Revised | 16247 |
| Code; in the case of a foreign corporation, it means those | 16248 |
| utilities defined as public utilities by the laws of its domicile; | 16249 |
| and in the case of any other foreign issuer, it means those | 16250 |
| utilities defined as public utilities by the laws of the situs of | 16251 |
| its principal place of business. The term always includes | 16252 |
| railroads whether or not they are so defined as public utilities. | 16253 |
| (N) "State" means any state of the United States, any | 16254 |
| territory or possession of the United States, the District of | 16255 |
| Columbia, and any province of Canada. | 16256 |
| (O) "Bank" means any bank, trust company, savings and loan | 16257 |
| association, savings bank, or credit union that is incorporated or | 16258 |
| organized under the laws of the United States, any state of the | 16259 |
| United States, Canada, or any province of Canada and that is | 16260 |
| subject to regulation or supervision by that country, state, or | 16261 |
| province. | 16262 |
| (P) "Include," when used in a definition, does not exclude | 16263 |
| other things or persons otherwise within the meaning of the term | 16264 |
| defined. | 16265 |
| (Q)(1) "Registration by description" means that the | 16266 |
| requirements of section 1707.08 of the Revised Code have been | 16267 |
| complied with. | 16268 |
| (2) "Registration by qualification" means that the | 16269 |
| requirements of sections 1707.09 and 1707.11 of the Revised Code | 16270 |
| have been complied with. | 16271 |
| (3) "Registration by coordination" means that there has been | 16272 |
| compliance with section 1707.091 of the Revised Code. Reference in | 16273 |
| this chapter to registration by qualification also shall be deemed | 16274 |
| to include registration by coordination unless the context | 16275 |
| otherwise indicates. | 16276 |
| (R) "Intoxicating liquor" includes all liquids and compounds | 16277 |
| that contain more than three and two-tenths per cent of alcohol by | 16278 |
| weight and are fit for use for beverage purposes. | 16279 |
| (S) "Institutional investor" means any corporation, bank, | 16280 |
| insurance company, pension fund or pension fund trust, employees' | 16281 |
| profit-sharing fund or employees' profit-sharing trust, any | 16282 |
| association engaged, as a substantial part of its business or | 16283 |
| operations, in purchasing or holding securities, or any trust in | 16284 |
| respect of which a bank is trustee or cotrustee. "Institutional | 16285 |
| investor" does not include any business entity formed for the | 16286 |
| primary purpose of evading sections 1707.01 to 1707.45 of the | 16287 |
| Revised Code. | 16288 |
| (T) "Securities Act of 1933," 48 Stat. 74, 15 U.S.C. 77a, | 16289 |
| "Securities Exchange Act of 1934," 48 Stat. 881, 15 U.S.C. 78a, | 16290 |
| "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, | 16291 |
| "Investment Advisers Act of 1940," 54 Stat. 847, 15 U.S.C. 80b, | 16292 |
| and "Investment Company Act of 1940," 54 Stat. 789, 15 U.S.C. 80a | 16293 |
| mean the federal statutes of those names as amended before or | 16294 |
| after March 18, 1999. | 16295 |
| (U) "Securities and exchange commission" means the securities | 16296 |
| and exchange commission established by the Securities Exchange Act | 16297 |
| of 1934. | 16298 |
| (V)(1) "Control bid" means the purchase of or offer to | 16299 |
| purchase any equity security of a subject company from a resident | 16300 |
| of this state if either of the following applies: | 16301 |
| (a) After the purchase of that security, the offeror would be | 16302 |
| directly or indirectly the beneficial owner of more than ten per | 16303 |
| cent of any class of the issued and outstanding equity securities | 16304 |
| of the issuer. | 16305 |
| (b) The offeror is the subject company, there is a pending | 16306 |
| control bid by a person other than the issuer, and the number of | 16307 |
| the issued and outstanding shares of the subject company would be | 16308 |
| reduced by more than ten per cent. | 16309 |
| (2) For purposes of division (V)(1) of this section, "control | 16310 |
| bid" does not include any of the following: | 16311 |
| (a) A bid made by a dealer for the dealer's own account in | 16312 |
| the ordinary course of business of buying and selling securities; | 16313 |
| (b) An offer to acquire any equity security solely in | 16314 |
| exchange for any other security, or the acquisition of any equity | 16315 |
| security pursuant to an offer, for the sole account of the | 16316 |
| offeror, in good faith and not for the purpose of avoiding the | 16317 |
| provisions of this chapter, and not involving any public offering | 16318 |
| of the other security within the meaning of Section 4 of Title I | 16319 |
| of the "Securities Act of 1933," 48 Stat. 77, 15 U.S.C.A. 77d(2), | 16320 |
| as amended; | 16321 |
| (c) Any other offer to acquire any equity security, or the | 16322 |
| acquisition of any equity security pursuant to an offer, for the | 16323 |
| sole account of the offeror, from not more than fifty persons, in | 16324 |
| good faith and not for the purpose of avoiding the provisions of | 16325 |
| this chapter. | 16326 |
| (W) "Offeror" means a person who makes, or in any way | 16327 |
| participates or aids in making, a control bid and includes persons | 16328 |
| acting jointly or in concert, or who intend to exercise jointly or | 16329 |
| in concert any voting rights attached to the securities for which | 16330 |
| the control bid is made and also includes any subject company | 16331 |
| making a control bid for its own securities. | 16332 |
| (X)(1) "Investment adviser" means any person who, for | 16333 |
| compensation, engages in the business of advising others, either | 16334 |
| directly or through publications or writings, as to the value of | 16335 |
| securities or as to the advisability of investing in, purchasing, | 16336 |
| or selling securities, or who, for compensation and as a part of | 16337 |
| regular business, issues or promulgates analyses or reports | 16338 |
| concerning securities. | 16339 |
| (2) "Investment adviser" does not mean any of the following: | 16340 |
| (a) Any attorney, accountant, engineer, or teacher, whose | 16341 |
| performance of investment advisory services described in division | 16342 |
| (X)(1) of this section is solely incidental to the practice of the | 16343 |
| attorney's, accountant's, engineer's, or teacher's profession; | 16344 |
| (b) A publisher of any bona fide newspaper, news magazine, or | 16345 |
| business or financial publication of general and regular | 16346 |
| circulation; | 16347 |
| (c) A person who acts solely as an investment adviser | 16348 |
| representative; | 16349 |
| (d) A bank holding company, as defined in the "Bank Holding | 16350 |
| Company Act of 1956," 70 Stat. 133, 12 U.S.C. 1841, that is not an | 16351 |
| investment company; | 16352 |
| (e) A bank, or any receiver, conservator, or other | 16353 |
| liquidating agent of a bank; | 16354 |
| (f) Any licensed dealer or licensed salesperson whose | 16355 |
| performance of investment advisory services described in division | 16356 |
| (X)(1) of this section is solely incidental to the conduct of the | 16357 |
| dealer's or salesperson's business as a licensed dealer or | 16358 |
| licensed salesperson and who receives no special compensation for | 16359 |
| the services; | 16360 |
| (g) Any person, the advice, analyses, or reports of which do | 16361 |
| not relate to securities other than securities that are direct | 16362 |
| obligations of, or obligations guaranteed as to principal or | 16363 |
| interest by, the United States, or securities issued or guaranteed | 16364 |
| by corporations in which the United States has a direct or | 16365 |
| indirect interest, and that have been designated by the secretary | 16366 |
| of the treasury as exempt securities as defined in the "Securities | 16367 |
| Exchange Act of 1934," 48 Stat. 881, 15 U.S.C. 78c; | 16368 |
| (h) Any person that is excluded from the definition of | 16369 |
| investment adviser pursuant to section 202(a)(11)(A) to (E) of the | 16370 |
| "Investment Advisers Act of 1940," 15 U.S.C. 80b-2(a)(11), or that | 16371 |
| has received an order from the securities and exchange commission | 16372 |
| under section 202(a)(11)(F) of the "Investment Advisers Act of | 16373 |
| 1940," 15 U.S.C. 80b-2(a)(11)(F), declaring that the person is not | 16374 |
| within the intent of section 202(a)(11) of the Investment Advisers | 16375 |
| Act of 1940. | 16376 |
| (i) A person who acts solely as a state retirement system | 16377 |
| investment officer or as a bureau of workers' compensation chief | 16378 |
| investment officer; | 16379 |
| (j) Any other person that the division designates by rule, if | 16380 |
| the division finds that the designation is necessary or | 16381 |
| appropriate in the public interest or for the protection of | 16382 |
| investors or clients and consistent with the purposes fairly | 16383 |
| intended by the policy and provisions of this chapter. | 16384 |
| (Y)(1) "Subject company" means an issuer that satisfies both | 16385 |
| of the following: | 16386 |
| (a) Its principal place of business or its principal | 16387 |
| executive office is located in this state, or it owns or controls | 16388 |
| assets located within this state that have a fair market value of | 16389 |
| at least one million dollars. | 16390 |
| (b) More than ten per cent of its beneficial or record equity | 16391 |
| security holders are resident in this state, more than ten per | 16392 |
| cent of its equity securities are owned beneficially or of record | 16393 |
| by residents in this state, or more than one thousand of its | 16394 |
| beneficial or record equity security holders are resident in this | 16395 |
| state. | 16396 |
| (2) The division of securities may adopt rules to establish | 16397 |
| more specific application of the provisions set forth in division | 16398 |
| (Y)(1) of this section. Notwithstanding the provisions set forth | 16399 |
| in division (Y)(1) of this section and any rules adopted under | 16400 |
| this division, the division, by rule or in an adjudicatory | 16401 |
| proceeding, may make a determination that an issuer does not | 16402 |
| constitute a "subject company" under division (Y)(1) of this | 16403 |
| section if appropriate review of control bids involving the issuer | 16404 |
| is to be made by any regulatory authority of another jurisdiction. | 16405 |
| (Z) "Beneficial owner" includes any person who directly or | 16406 |
| indirectly through any contract, arrangement, understanding, or | 16407 |
| relationship has or shares, or otherwise has or shares, the power | 16408 |
| to vote or direct the voting of a security or the power to dispose | 16409 |
| of, or direct the disposition of, the security. "Beneficial | 16410 |
| ownership" includes the right, exercisable within sixty days, to | 16411 |
| acquire any security through the exercise of any option, warrant, | 16412 |
| or right, the conversion of any convertible security, or | 16413 |
| otherwise. Any security subject to any such option, warrant, | 16414 |
| right, or conversion privilege held by any person shall be deemed | 16415 |
| to be outstanding for the purpose of computing the percentage of | 16416 |
| outstanding securities of the class owned by that person, but | 16417 |
| shall not be deemed to be outstanding for the purpose of computing | 16418 |
| the percentage of the class owned by any other person. A person | 16419 |
| shall be deemed the beneficial owner of any security beneficially | 16420 |
| owned by any relative or spouse or relative of the spouse residing | 16421 |
| in the home of that person, any trust or estate in which that | 16422 |
| person owns ten per cent or more of the total beneficial interest | 16423 |
| or serves as trustee or executor, any corporation or entity in | 16424 |
| which that person owns ten per cent or more of the equity, and any | 16425 |
| affiliate or associate of that person. | 16426 |
| (AA) "Offeree" means the beneficial or record owner of any | 16427 |
| security that an offeror acquires or offers to acquire in | 16428 |
| connection with a control bid. | 16429 |
| (BB) "Equity security" means any share or similar security, | 16430 |
| or any security convertible into any such security, or carrying | 16431 |
| any warrant or right to subscribe to or purchase any such | 16432 |
| security, or any such warrant or right, or any other security | 16433 |
| that, for the protection of security holders, is treated as an | 16434 |
| equity security pursuant to rules of the division of securities. | 16435 |
| (CC)(1) "Investment adviser representative" means a | 16436 |
| supervised person of an investment adviser, provided that the | 16437 |
| supervised person has more than five clients who are natural | 16438 |
| persons other than excepted persons defined in division (EE) of | 16439 |
| this section, and that more than ten per cent of the supervised | 16440 |
| person's clients are natural persons other than excepted persons | 16441 |
| defined in division (EE) of this section. "Investment adviser | 16442 |
| representative" does not mean any of the following: | 16443 |
| (a) A supervised person that does not on a regular basis | 16444 |
| solicit, meet with, or otherwise communicate with clients of the | 16445 |
| investment adviser; | 16446 |
| (b) A supervised person that provides only investment | 16447 |
| advisory services described in division (X)(1) of this section by | 16448 |
| means of written materials or oral statements that do not purport | 16449 |
| to meet the objectives or needs of specific individuals or | 16450 |
| accounts; | 16451 |
| (c) Any other person that the division designates by rule, if | 16452 |
| the division finds that the designation is necessary or | 16453 |
| appropriate in the public interest or for the protection of | 16454 |
| investors or clients and is consistent with the provisions fairly | 16455 |
| intended by the policy and provisions of this chapter. | 16456 |
| (2) For the purpose of the calculation of clients in division | 16457 |
| (CC)(1) of this section, a natural person and the following | 16458 |
| persons are deemed a single client: Any minor child of the natural | 16459 |
| person; any relative, spouse, or relative of the spouse of the | 16460 |
| natural person who has the same principal residence as the natural | 16461 |
| person; all accounts of which the natural person or the persons | 16462 |
| referred to in division (CC)(2) of this section are the only | 16463 |
| primary beneficiaries; and all trusts of which the natural person | 16464 |
| or persons referred to in division (CC)(2) of this section are the | 16465 |
| only primary beneficiaries. Persons who are not residents of the | 16466 |
| United States need not be included in the calculation of clients | 16467 |
| under division (CC)(1) of this section. | 16468 |
| (3) If subsequent to March 18, 1999, amendments are enacted | 16469 |
| or adopted defining "investment adviser representative" for | 16470 |
| purposes of the Investment Advisers Act of 1940 or additional | 16471 |
| rules or regulations are promulgated by the securities and | 16472 |
| exchange commission regarding the definition of "investment | 16473 |
| adviser representative" for purposes of the Investment Advisers | 16474 |
| Act of 1940, the division of securities shall, by rule, adopt the | 16475 |
| substance of the amendments, rules, or regulations, unless the | 16476 |
| division finds that the amendments, rules, or regulations are not | 16477 |
| necessary for the protection of investors or in the public | 16478 |
| interest. | 16479 |
| (DD) "Supervised person" means a natural person who is any of | 16480 |
| the following: | 16481 |
| (1) A partner, officer, or director of an investment adviser, | 16482 |
| or other person occupying a similar status or performing similar | 16483 |
| functions with respect to an investment adviser; | 16484 |
| (2) An employee of an investment adviser; | 16485 |
| (3) A person who provides investment advisory services | 16486 |
| described in division (X)(1) of this section on behalf of the | 16487 |
| investment adviser and is subject to the supervision and control | 16488 |
| of the investment adviser. | 16489 |
| (EE) "Excepted person" means a natural person to whom any of | 16490 |
| the following applies: | 16491 |
| (1) Immediately after entering into the investment advisory | 16492 |
| contract with the investment adviser, the person has at least | 16493 |
| seven hundred fifty thousand dollars under the management of the | 16494 |
| investment adviser. | 16495 |
| (2) The investment adviser reasonably believes either of the | 16496 |
| following at the time the investment advisory contract is entered | 16497 |
| into with the person: | 16498 |
| (a) The person has a net worth, together with assets held | 16499 |
| jointly with a spouse, of more than one million five hundred | 16500 |
| thousand dollars. | 16501 |
| (b) The person is a qualified purchaser as defined in | 16502 |
| division (FF) of this section. | 16503 |
| (3) Immediately prior to entering into an investment advisory | 16504 |
| contract with the investment adviser, the person is either of the | 16505 |
| following: | 16506 |
| (a) An executive officer, director, trustee, general partner, | 16507 |
| or person serving in a similar capacity, of the investment | 16508 |
| adviser; | 16509 |
| (b) An employee of the investment adviser, other than an | 16510 |
| employee performing solely clerical, secretarial, or | 16511 |
| administrative functions or duties for the investment adviser, | 16512 |
| which employee, in connection with the employee's regular | 16513 |
| functions or duties, participates in the investment activities of | 16514 |
| the investment adviser, provided that, for at least twelve months, | 16515 |
| the employee has been performing such nonclerical, nonsecretarial, | 16516 |
| or nonadministrative functions or duties for or on behalf of the | 16517 |
| investment adviser or performing substantially similar functions | 16518 |
| or duties for or on behalf of another company. | 16519 |
| If subsequent to March 18, 1999, amendments are enacted or | 16520 |
| adopted defining "excepted person" for purposes of the Investment | 16521 |
| Advisers Act of 1940 or additional rules or regulations are | 16522 |
| promulgated by the securities and exchange commission regarding | 16523 |
| the definition of "excepted person" for purposes of the Investment | 16524 |
| Advisers Act of 1940, the division of securities shall, by rule, | 16525 |
| adopt the substance of the amendments, rules, or regulations, | 16526 |
| unless the division finds that the amendments, rules, or | 16527 |
| regulations are not necessary for the protection of investors or | 16528 |
| in the public interest. | 16529 |
| (FF)(1) "Qualified purchaser" means either of the following: | 16530 |
| (a) A natural person who owns not less than five million | 16531 |
| dollars in investments as defined by rule by the division of | 16532 |
| securities; | 16533 |
| (b) A natural person, acting for the person's own account or | 16534 |
| accounts of other qualified purchasers, who in the aggregate owns | 16535 |
| and invests on a discretionary basis, not less than twenty-five | 16536 |
| million dollars in investments as defined by rule by the division | 16537 |
| of securities. | 16538 |
| (2) If subsequent to March 18, 1999, amendments are enacted | 16539 |
| or adopted defining "qualified purchaser" for purposes of the | 16540 |
| Investment Advisers Act of 1940 or additional rules or regulations | 16541 |
| are promulgated by the securities and exchange commission | 16542 |
| regarding the definition of "qualified purchaser" for purposes of | 16543 |
| the Investment Advisers Act of 1940, the division of securities | 16544 |
| shall, by rule, adopt the amendments, rules, or regulations, | 16545 |
| unless the division finds that the amendments, rules, or | 16546 |
| regulations are not necessary for the protection of investors or | 16547 |
| in the public interest. | 16548 |
| (GG)(1) "Purchase" has the full meaning of "purchase" as | 16549 |
| applied by or accepted in courts of law or equity and includes | 16550 |
| every acquisition of, or attempt to acquire, a security or an | 16551 |
| interest in a security. "Purchase" also includes a contract to | 16552 |
| purchase, an exchange, an attempt to purchase, an option to | 16553 |
| purchase, a solicitation of a purchase, a solicitation of an offer | 16554 |
| to sell, a subscription, or an offer to purchase, directly or | 16555 |
| indirectly, by agent, circular, pamphlet, advertisement, or | 16556 |
| otherwise. | 16557 |
| (2) "Purchase" means any act by which a purchase is made. | 16558 |
| (3) Any security given with, or as a bonus on account of, any | 16559 |
| purchase of securities is conclusively presumed to constitute a | 16560 |
| part of the subject of that purchase. | 16561 |
| (HH) "Life settlement interest" means the entire interest or | 16562 |
| any fractional interest in an insurance policy or certificate of | 16563 |
| insurance, or in an insurance benefit under such a policy or | 16564 |
| certificate, that is the subject of a life settlement contract. | 16565 |
| For purposes of this division, "life settlement contract" | 16566 |
| means an agreement for the purchase, sale, assignment, transfer, | 16567 |
| devise, or bequest of any portion of the death benefit or | 16568 |
| ownership of any life insurance policy or contract, in return for | 16569 |
| consideration or any other thing of value that is less than the | 16570 |
| expected death benefit of the life insurance policy or contract. | 16571 |
| "Life settlement contract" includes a viatical settlement contract | 16572 |
| as defined in section 3916.01 of the Revised Code, but does not | 16573 |
| include any of the following: | 16574 |
| (1) A loan by an insurer under the terms of a life insurance | 16575 |
| policy, including, but not limited to, a loan secured by the cash | 16576 |
| value of the policy; | 16577 |
| (2) An agreement with a bank that takes an assignment of a | 16578 |
| life insurance policy as collateral for a loan; | 16579 |
| (3) The provision of accelerated benefits as defined in | 16580 |
| section 3915.21 of the Revised Code; | 16581 |
| (4) Any agreement between an insurer and a reinsurer; | 16582 |
| (5) An agreement by an individual to purchase an existing | 16583 |
| life insurance policy or contract from the original owner of the | 16584 |
| policy or contract, if the individual does not enter into more | 16585 |
| than one life settlement contract per calendar year; | 16586 |
| (6) The initial purchase of an insurance policy or | 16587 |
| certificate of insurance from its owner by a viatical settlement | 16588 |
| provider, as defined in section 3916.01 of the Revised Code, that | 16589 |
| is licensed under Chapter 3916. of the Revised Code. | 16590 |
| (II) "State retirement system" means the public employees | 16591 |
| retirement system, Ohio police and fire pension fund, state | 16592 |
| teachers retirement system, school employees retirement system, | 16593 |
| and state highway patrol retirement system. | 16594 |
| (JJ) "State retirement system investment officer" means an | 16595 |
| individual employed by a state retirement system as a chief | 16596 |
| investment officer, assistant investment officer, or the person in | 16597 |
| charge of a class of assets or in a position that is substantially | 16598 |
| equivalent to chief investment officer, assistant investment | 16599 |
| officer, or person in charge of a class of assets. | 16600 |
| (KK) "Bureau of workers' compensation chief investment | 16601 |
| officer" means an individual employed by the bureau of workers' | 16602 |
| compensation as a chief investment officer in a position that is | 16603 |
| substantially equivalent to a chief investment officer. | 16604 |
| Sec. 1707.164. (A) No person shall act as a bureau of | 16605 |
| workers' compensation chief investment officer unless the person | 16606 |
| is licensed as a bureau of workers' compensation chief investment | 16607 |
| officer by the division of securities. | 16608 |
| (B) No bureau of workers' compensation chief investment | 16609 |
| officer shall act as a dealer, salesperson, investment advisor, or | 16610 |
| investment advisor representative. | 16611 |
| Sec. 1707.165. (A) Application for a bureau of workers' | 16612 |
| compensation chief investment officer's license shall be made in | 16613 |
| accordance with this section by filing with the division of | 16614 |
| securities the information, materials, and forms specified in | 16615 |
| rules adopted by the division. | 16616 |
| (B) The division may investigate any applicant for a license | 16617 |
| and may require any additional information as it considers | 16618 |
| necessary to determine the applicant's business repute and | 16619 |
| qualifications to act as a chief investment officer. If the | 16620 |
| application for a bureau of workers' compensation chief investment | 16621 |
| officer's license involves investigation outside of this state, | 16622 |
| the applicant may be required by the division to advance | 16623 |
| sufficient funds to pay any of the actual expenses of the | 16624 |
| investigation. The division shall furnish the applicant with an | 16625 |
| itemized statement of the expenses the applicant is required to | 16626 |
| pay. | 16627 |
| (C) The division shall by rule require an applicant for a | 16628 |
| bureau of workers' compensation chief investment officer's license | 16629 |
| to pass an examination designated by the division or achieve a | 16630 |
| specified professional designation unless the applicant meets both | 16631 |
| of the following requirements: | 16632 |
| (1) Acts as a bureau of workers' compensation chief | 16633 |
| investment officer on the effective date of this section; | 16634 |
| (2) Has experience or education acceptable to the division. | 16635 |
| (D) If the division finds that the applicant is of good | 16636 |
| business repute, appears to be qualified to act as a bureau of | 16637 |
| workers' compensation chief investment officer, and has complied | 16638 |
| with this chapter and rules adopted by the division under this | 16639 |
| chapter, the division, upon receipt of the fees prescribed by | 16640 |
| division (B) of section 1707.17 of the Revised Code, shall issue | 16641 |
| to the applicant a license authorizing the applicant to act as a | 16642 |
| bureau of workers' compensation chief investment officer. | 16643 |
| Sec. 1707.17. (A)(1) The license of every dealer in and | 16644 |
| salesperson of securities shall expire on the thirty-first day of | 16645 |
| December of each year, and may be renewed upon the filing with the | 16646 |
| division of securities of an application for renewal, and the | 16647 |
| payment of the fee prescribed in this section. The division shall | 16648 |
| give notice, without unreasonable delay, of its action on any | 16649 |
| application for renewal of a dealer's or salesperson's license. | 16650 |
| (2) The license of every investment adviser and investment | 16651 |
| adviser representative licensed under section 1707.141 or 1707.161 | 16652 |
| of the Revised Code shall expire on the thirty-first day of | 16653 |
| December of each year. The licenses may be renewed upon the filing | 16654 |
| with the division of an application for renewal, and the payment | 16655 |
| of the fee prescribed in division (B) of this section. The | 16656 |
| division shall give notice, without unreasonable delay, of its | 16657 |
| action on any application for renewal. | 16658 |
| (3) An investment adviser required to make a notice filing | 16659 |
| under division (B) of section 1707.141 of the Revised Code | 16660 |
| annually shall file with the division the notice filing and the | 16661 |
| fee prescribed in division (B) of this section, no later than the | 16662 |
| thirty-first day of December of each year. | 16663 |
| (4) The license of every state retirement system investment | 16664 |
| officer licensed under section 1707.163 of the Revised Code and | 16665 |
| the license of a bureau of workers' compensation chief investment | 16666 |
| officer issued under section 1707.165 of the Revised Code shall | 16667 |
| expire on the thirtieth day of June of each year. The licenses may | 16668 |
| be renewed on the filing with the division of an application for | 16669 |
| renewal, and the payment of the fee prescribed in division (B) of | 16670 |
| this section. The division shall give notice, without unreasonable | 16671 |
| delay, of its action on any application for renewal. | 16672 |
| (B)(1) The fee for each dealer's license, and for each annual | 16673 |
| renewal thereof, shall be one hundred dollars. | 16674 |
| (2) The fee for each salesperson's license, and for each | 16675 |
| annual renewal thereof, shall be fifty dollars. | 16676 |
| (3) The fee for each investment adviser's license, and for | 16677 |
| each annual renewal thereof, shall be fifty dollars. | 16678 |
| (4) The fee for each investment adviser notice filing | 16679 |
| required by division (B) of section 1707.141 of the Revised Code | 16680 |
| shall be fifty dollars. | 16681 |
| (5) The fee for each investment adviser representative's | 16682 |
| license, and for each annual renewal thereof, shall be thirty-five | 16683 |
| dollars. | 16684 |
| (6) The fee for each state retirement system investment | 16685 |
| officer's license, and for each annual renewal thereof, shall be | 16686 |
| fifty dollars. | 16687 |
| (7) The fee for a bureau of workers' compensation chief | 16688 |
| investment officer's license, and for each annual renewal thereof, | 16689 |
| shall be fifty dollars. | 16690 |
| (C) A dealer's, salesperson's, investment adviser's, | 16691 |
| investment adviser representative's, bureau of workers' | 16692 |
| compensation chief investment officer's, or state retirement | 16693 |
| system investment officer's license may be issued at any time for | 16694 |
| the remainder of the calendar year. In that event, the annual fee | 16695 |
| shall not be reduced. | 16696 |
| Sec. 1707.19. (A) An original license, or a renewal thereof, | 16697 |
| applied for by a dealer or salesperson of securities, or by an | 16698 |
| investment adviser, investment adviser representative, bureau of | 16699 |
| workers' compensation chief investment officer, or state | 16700 |
| retirement system investment officer, may be refused, and any such | 16701 |
| license granted may be suspended and, after notice and hearing in | 16702 |
| accordance with Chapter 119. of the Revised Code, may be revoked, | 16703 |
| by the division of securities, if the division determines that the | 16704 |
| applicant or the licensed dealer, salesperson, investment adviser, | 16705 |
| investment adviser representative, bureau of workers' compensation | 16706 |
| chief investment officer, or state retirement system investment | 16707 |
| officer: | 16708 |
| (1) Is not of good business repute; | 16709 |
| (2) Is conducting an illegitimate or fraudulent business; | 16710 |
| (3) Is, in the case of a dealer or investment adviser, | 16711 |
| insolvent; | 16712 |
| (4) Has knowingly violated any provision of sections 1707.01 | 16713 |
| to 1707.45 of the Revised Code, or any regulation or order made | 16714 |
| thereunder; | 16715 |
| (5) Has knowingly made a false statement of a material fact | 16716 |
| or an omission of a material fact in an application for a license, | 16717 |
| in a description or application that has been filed, or in any | 16718 |
| statement made to the division under such sections; | 16719 |
| (6) Has refused to comply with any lawful order or | 16720 |
| requirement of the division under section 1707.23 of the Revised | 16721 |
| Code; | 16722 |
| (7) Has been guilty of any fraudulent act in connection with | 16723 |
| the sale of any securities or in connection with acting as an | 16724 |
| investment adviser, investment adviser representative, bureau of | 16725 |
| workers' compensation chief investment officer, or state | 16726 |
| retirement system investment officer; | 16727 |
| (8) Conducts business in purchasing or selling securities at | 16728 |
| such variations from the existing market as in the light of all | 16729 |
| the circumstances are unconscionable; | 16730 |
| (9) Conducts business in violation of such rules and | 16731 |
| regulations as the division prescribes for the protection of | 16732 |
| investors, clients, or prospective clients; | 16733 |
| (10)(a) Has failed to furnish to the division any information | 16734 |
| with respect to the purchases or sales of securities within this | 16735 |
| state that may be reasonably requested by the division as | 16736 |
| pertinent to the protection of investors in this state. | 16737 |
| (b) Has failed to furnish to the division any information | 16738 |
| with respect to acting as an investment adviser, investment | 16739 |
| adviser representative, bureau of workers' compensation chief | 16740 |
| investment officer, or state retirement system investment officer | 16741 |
| within this state that may be reasonably requested by the | 16742 |
| division. | 16743 |
| (B) For the protection of investors the division may | 16744 |
| prescribe reasonable rules defining fraudulent, evasive, | 16745 |
| deceptive, or grossly unfair practices or devices in the purchase | 16746 |
| or sale of securities. | 16747 |
| (C) For the protection of investors, clients, or prospective | 16748 |
| clients, the division may prescribe reasonable rules regarding the | 16749 |
| acts and practices of an investment adviser or an investment | 16750 |
| adviser representative. | 16751 |
| (D) Pending any investigation or hearing provided for in | 16752 |
| sections 1707.01 to 1707.45 of the Revised Code, the division may | 16753 |
| order the suspension of any dealer's, salesperson's, investment | 16754 |
| adviser's, investment adviser representative's, bureau of workers' | 16755 |
| compensation chief investment officer's, or state retirement | 16756 |
| system investment officer's license by notifying the party | 16757 |
| concerned of such suspension and the cause for it. If it is a | 16758 |
| salesperson whose license is suspended, the division shall also | 16759 |
| notify the dealer employing the salesperson. If it is an | 16760 |
| investment adviser representative whose license is suspended, the | 16761 |
| division also shall notify the investment adviser with whom the | 16762 |
| investment adviser representative is employed or associated. If it | 16763 |
| is a state retirement system investment officer whose license is | 16764 |
| suspended, the division shall also notify the state retirement | 16765 |
| system with whom the state retirement system investment officer is | 16766 |
| employed. If it is a bureau of workers' compensation chief | 16767 |
| investment officer whose license is suspended, the division shall | 16768 |
| also notify the bureau of workers' compensation. | 16769 |
| (E)(1) The suspension or revocation of the dealer's license | 16770 |
| suspends the licenses of all the dealer's salespersons. | 16771 |
| (2) The suspension or revocation of the investment adviser's | 16772 |
| license suspends the licenses of all the investment adviser's | 16773 |
| investment adviser representatives. The suspension or revocation | 16774 |
| of an investment adviser's registration under section 203 of the | 16775 |
| "Investment Advisers Act of 1940," 15 U.S.C. 80b-3, suspends the | 16776 |
| licenses of all the investment adviser's investment adviser | 16777 |
| representatives. | 16778 |
| (F) It is sufficient cause for refusal, revocation, or | 16779 |
| suspension of the license in case of a partnership, partnership | 16780 |
| association, corporation, or unincorporated association if any | 16781 |
| general partner of the partnership, manager of the partnership | 16782 |
| association, or executive officer of the corporation or | 16783 |
| unincorporated association is not of good business repute or has | 16784 |
| been guilty of any act or omission which would be cause for | 16785 |
| refusing or revoking the license of an individual dealer, | 16786 |
| salesperson, investment adviser, or investment adviser | 16787 |
| representative. | 16788 |
| Sec. 1707.20. (A) The division of securities may adopt, | 16789 |
| amend, and rescind such rules, forms, and orders as are necessary | 16790 |
| to carry out sections 1707.01 to 1707.45 of the Revised Code, | 16791 |
| including rules and forms governing registration statements, | 16792 |
| applications, and reports, and defining any terms, whether or not | 16793 |
| used in sections 1707.01 to 1707.45 of the Revised Code, insofar | 16794 |
| as the definitions are not inconsistent with these sections. For | 16795 |
| the purpose of rules and forms, the division may classify | 16796 |
| securities, persons, and matters within its jurisdiction, and | 16797 |
| prescribe different requirements for different classes. | 16798 |
| (B) No rule, form, or order may be made, amended, or | 16799 |
| rescinded unless the division finds that the action is necessary | 16800 |
| or appropriate in the public interest or for the protection of | 16801 |
|
investors, clients, prospective clients, | 16802 |
| systems, or the workers' compensation system and consistent with | 16803 |
| the purposes fairly intended by the policy and provisions of | 16804 |
| sections 1707.01 to 1707.45 of the Revised Code. In prescribing | 16805 |
| rules and forms and in otherwise administering sections 1707.01 to | 16806 |
| 1707.45 of the Revised Code, the division may cooperate with the | 16807 |
| securities administrators of the other states and the securities | 16808 |
| and exchange commission with a view of effectuating the policy of | 16809 |
| this section to achieve maximum uniformity in the form and content | 16810 |
| of registration statements, applications, reports, and overall | 16811 |
| securities regulation wherever practicable. | 16812 |
| (C) The division may by rule or order prescribe: | 16813 |
| (1) The form and content of financial statements required | 16814 |
| under sections 1707.01 to 1707.45 of the Revised Code; | 16815 |
| (2) The circumstances under which consolidated financial | 16816 |
| statements shall be filed; | 16817 |
| (3) Whether any required financial statements shall be | 16818 |
| certified by independent or certified public accountants. All | 16819 |
| financial statements shall be prepared in accordance with | 16820 |
| generally accepted accounting practices. | 16821 |
| (D) All rules and forms of the division shall be published; | 16822 |
| and in addition to fulfilling the requirements of Chapter 119. of | 16823 |
| the Revised Code, the division shall prescribe, and shall publish | 16824 |
| and make available its rules regarding the sale of securities, the | 16825 |
| administration of sections 1707.01 to 1707.45 of the Revised Code, | 16826 |
| and the procedure and practice before the division. | 16827 |
| (E) No provision of sections 1707.01 to 1707.45 of the | 16828 |
| Revised Code imposing any liability applies to any act done or | 16829 |
| omitted in good faith in conformity with any rule, form, or order | 16830 |
| of the division of securities, notwithstanding that the rule, | 16831 |
| form, or order may later be amended or rescinded or be determined | 16832 |
| by judicial or other authority to be invalid for any reason, | 16833 |
| except that the issuance of an order granting effectiveness to a | 16834 |
| registration under section 1707.09 or 1707.091 of the Revised Code | 16835 |
| for the purposes of this division shall not be deemed an order | 16836 |
| other than as the establishment of the fact of registration. | 16837 |
| Sec. 1707.22. Whenever a dealer's, salesperson's, investment | 16838 |
| adviser's, investment adviser representative's, bureau of workers' | 16839 |
| compensation chief investment officer's, or state retirement | 16840 |
| system investment officer's license has been refused, suspended, | 16841 |
| or revoked, or a renewal thereof has been denied, by the division | 16842 |
| of securities, or whenever the division has refused to qualify | 16843 |
| securities or has suspended or revoked the registration of any | 16844 |
| particular security by description or by qualification, or the | 16845 |
| right to buy, sell, or deal in any particular security whether it | 16846 |
| is registered or qualified or exempt, or whether the transactions | 16847 |
| in it are registered or exempt, the aggrieved party may appeal in | 16848 |
| accordance with Chapter 119. of the Revised Code. | 16849 |
| An order sustaining the refusal of the division to grant or | 16850 |
| renew a dealer's, salesperson's, investment adviser's, investment | 16851 |
| adviser representative's, bureau of workers' compensation chief | 16852 |
| investment officer's, or state retirement system investment | 16853 |
| officer's license or to grant qualification of securities, or an | 16854 |
| order sustaining the division in suspending or revoking a | 16855 |
| dealer's, salesperson's, investment adviser's, investment adviser | 16856 |
| representative's, bureau of workers' compensation chief investment | 16857 |
| officer's, or state retirement system investment officer's | 16858 |
| license, the registration of any particular security by | 16859 |
| description or by qualification, or the right to buy, sell, or | 16860 |
| deal in any particular security, shall not bar, after ten days | 16861 |
| from the order, a new registration by description, or a new | 16862 |
| application of the plaintiff for such a license or qualification | 16863 |
| or for a withdrawal of a revocation or suspension; nor shall an | 16864 |
| order in favor of the plaintiff prevent the division, after proper | 16865 |
| notice and hearing, from thereafter revoking or suspending such | 16866 |
| license, registration, or right to buy, sell, or deal in a | 16867 |
| particular security, for any proper cause which may, after the | 16868 |
| order, accrue or be discovered. | 16869 |
| Sec. 1707.23. Whenever it appears to the division of | 16870 |
| securities, from its files, upon complaint, or otherwise, that any | 16871 |
| person has engaged in, is engaged in, or is about to engage in any | 16872 |
| practice declared to be illegal or prohibited by this chapter or | 16873 |
| rules adopted under this chapter by the division, or defined as | 16874 |
| fraudulent in this chapter or rules adopted under this chapter by | 16875 |
| the division, or any other deceptive scheme or practice in | 16876 |
| connection with the sale of securities, or acting as a dealer, a | 16877 |
| salesperson, an investment adviser, investment adviser | 16878 |
| representative, bureau of workers' compensation chief investment | 16879 |
| officer, or state retirement system investment officer or when the | 16880 |
| division believes it to be in the best interests of the public and | 16881 |
| necessary for the protection of investors, the division may do any | 16882 |
| of the following: | 16883 |
| (A) Require any person to file with it, on such forms as it | 16884 |
| prescribes, an original or additional statement or report in | 16885 |
| writing, under oath or otherwise, as to any facts or circumstances | 16886 |
| concerning the issuance, sale, or offer for sale of securities | 16887 |
| within this state by the person, as to the person's acts or | 16888 |
| practices as a dealer, a salesperson, an investment adviser, | 16889 |
| investment adviser representative, bureau of workers' compensation | 16890 |
| chief investment officer, or state retirement system investment | 16891 |
| officer within this state, and as to other information as it deems | 16892 |
| material or relevant thereto; | 16893 |
| (B) Examine any investment adviser, investment adviser | 16894 |
| representative, state retirement system investment officer, bureau | 16895 |
| of workers' compensation chief investment officer, or any seller, | 16896 |
| dealer, salesperson, or issuer of any securities, and any of their | 16897 |
| agents, employees, partners, officers, directors, members, or | 16898 |
| shareholders, wherever located, under oath; and examine and | 16899 |
| produce records, books, documents, accounts, and papers as the | 16900 |
| division deems material or relevant to the inquiry; | 16901 |
| (C) Require the attendance of witnesses, and the production | 16902 |
| of books, records, and papers, as are required either by the | 16903 |
| division or by any party to a hearing before the division, and for | 16904 |
| that purpose issue a subpoena for any witness, or a subpoena duces | 16905 |
| tecum to compel the production of any books, records, or papers. | 16906 |
| The subpoena shall be served by personal service or by certified | 16907 |
| mail, return receipt requested. If the subpoena is returned | 16908 |
| because of inability to deliver, or if no return is received | 16909 |
| within thirty days of the date of mailing, the subpoena may be | 16910 |
| served by ordinary mail. If no return of ordinary mail is received | 16911 |
| within thirty days after the date of mailing, service shall be | 16912 |
| deemed to have been made. If the subpoena is returned because of | 16913 |
| inability to deliver, the division may designate a person or | 16914 |
| persons to effect either personal or residence service upon the | 16915 |
| witness. The person designated to effect personal or residence | 16916 |
| service under this division may be the sheriff of the county in | 16917 |
| which the witness resides or may be found or any other duly | 16918 |
| designated person. The fees and mileage of the person serving the | 16919 |
| subpoena shall be the same as those allowed by the courts of | 16920 |
| common pleas in criminal cases, and shall be paid from the funds | 16921 |
| of the division. Fees and mileage for the witness shall be the | 16922 |
| same as those allowed for witnesses by the courts of common pleas | 16923 |
| in criminal cases, and shall be paid from the funds of the | 16924 |
| division upon request of the witness following the hearing. | 16925 |
| (D) Initiate criminal proceedings under section 1707.042 or | 16926 |
| 1707.44 of the Revised Code or rules adopted under those sections | 16927 |
| by the division by laying before the prosecuting attorney of the | 16928 |
| proper county any evidence of criminality which comes to its | 16929 |
| knowledge; and in the event of the neglect or refusal of the | 16930 |
| prosecuting attorney to prosecute such violations, or at the | 16931 |
| request of the prosecuting attorney, the division shall submit the | 16932 |
| evidence to the attorney general, who may proceed in the | 16933 |
| prosecution with all the rights, privileges, and powers conferred | 16934 |
| by law on prosecuting attorneys, including the power to appear | 16935 |
| before grand juries and to interrogate witnesses before such grand | 16936 |
| juries. | 16937 |
| (E) Require any dealers immediately to furnish to the | 16938 |
| division copies of prospectuses, circulars, or advertisements | 16939 |
| respecting securities that they publish or generally distribute, | 16940 |
| or require any investment advisers immediately to furnish to the | 16941 |
| division copies of brochures, advertisements, publications, | 16942 |
| analyses, reports, or other writings that they publish or | 16943 |
| distribute; | 16944 |
| (F) Require any dealers to mail to the division, prior to | 16945 |
| sale, notices of intention to sell, in respect to all securities | 16946 |
| which are not exempt under section 1707.02 of the Revised Code, or | 16947 |
| which are sold in transactions not exempt under section 1707.03 or | 16948 |
| 1707.04 of the Revised Code; | 16949 |
| (G) Issue and cause to be served by certified mail upon all | 16950 |
| persons affected an order requiring the person or persons to cease | 16951 |
| and desist from the acts or practices appearing to the division to | 16952 |
| constitute violations of this chapter or rules adopted under this | 16953 |
| chapter by the division. The order shall state specifically the | 16954 |
| section or sections of this chapter or the rule or rules adopted | 16955 |
| under this chapter by the division that appear to the division to | 16956 |
| have been violated and the facts constituting the violation. If | 16957 |
| after the issuance of the order it appears to the division that | 16958 |
| any person or persons affected by the order have engaged in any | 16959 |
| act or practice from which the person or persons shall have been | 16960 |
| required, by the order, to cease and desist, the director of | 16961 |
| commerce may apply to the court of common pleas of any county for, | 16962 |
| and upon proof of the validity of the order of the division, the | 16963 |
| delivery of the order to the person or persons affected, and of | 16964 |
| the illegality and the continuation of the acts or practices that | 16965 |
| are the subject of the order, the court may grant an injunction | 16966 |
| implementing the order of the division. | 16967 |
| (H) Issue and initiate contempt proceedings in this state | 16968 |
| regarding subpoenas and subpoenas duces tecum at the request of | 16969 |
| the securities administrator of another state, if it appears to | 16970 |
| the division that the activities for which the information is | 16971 |
| sought would violate this chapter if the activities had occurred | 16972 |
| in this state. | 16973 |
| (I) The remedies provided by this section are cumulative and | 16974 |
| concurrent with any other remedy provided in this chapter, and the | 16975 |
| exercise of one remedy does not preclude or require the exercise | 16976 |
| of any other remedy. | 16977 |
| Sec. 1707.25. In case any person fails to file any statement | 16978 |
| or report required by sections 1707.01 to 1707.45 of the Revised | 16979 |
| Code, to obey any subpoena the issuance of which is provided for | 16980 |
| in those sections, or to produce books, records, or papers, give | 16981 |
| testimony, or answer questions, as required by those sections, the | 16982 |
| director of commerce may apply to a court of common pleas of any | 16983 |
| county for, and upon proof of such failure the court may grant, an | 16984 |
| injunction restraining the acting as an investment adviser, | 16985 |
| investment adviser representative, bureau of workers' compensation | 16986 |
| chief investment officer, or state retirement system investment | 16987 |
| officer, or the issuance, sale, or offer for sale of any | 16988 |
| securities by the person or by its agents, employees, partners, | 16989 |
| officers, directors, or shareholders, until such failure has been | 16990 |
| remedied and other relief as the facts may warrant has been had. | 16991 |
| Such injunctive relief is available in addition to the other | 16992 |
| remedies provided for in sections 1707.01 to 1707.45 of the | 16993 |
| Revised Code. | 16994 |
| Where the person refusing to comply with such order of court | 16995 |
| is an issuer of securities, the court may enjoin the sale by any | 16996 |
| dealer of any securities of the issuer, and the division of | 16997 |
| securities may revoke the qualification of the securities of the | 16998 |
| issuer, or suspend or revoke the sale of any securities of the | 16999 |
| issuer which have been registered by description, and such | 17000 |
| securities shall not thereafter be sold by any dealer until the | 17001 |
| order of the court or of the division is withdrawn. | 17002 |
| Sec. 1707.261. (A) If a court of common pleas grants an | 17003 |
| injunction pursuant to section 1707.26 of the Revised Code, after | 17004 |
| consultation with the attorney general the director of commerce | 17005 |
| may request that court to order the defendant or defendants that | 17006 |
| are subject to the injunction to make restitution or rescission to | 17007 |
| any purchaser or holder of securities damaged by the defendant's | 17008 |
| or defendants' violation of any provision of sections 1707.01 to | 17009 |
| 1707.45 of the Revised Code. | 17010 |
| (B) If the court of common pleas is satisfied with the | 17011 |
| sufficiency of the director's request for restitution or | 17012 |
| rescission under division (A) of this section and with the | 17013 |
| sufficiency of the proof of a substantial violation of any | 17014 |
| provision of sections 1707.01 to 1707.45 of the Revised Code, or | 17015 |
| of the use of any act, practice, or transaction declared to be | 17016 |
| illegal or prohibited or defined as fraudulent by those sections | 17017 |
| or rules adopted under those sections by the division of | 17018 |
| securities, to the material prejudice of a purchaser or holder of | 17019 |
| securities, the court may order the defendant or defendants | 17020 |
| subject to the injunction to make restitution or rescission to any | 17021 |
| purchaser or holder of securities damaged by the defendant's or | 17022 |
| defendants' violation of sections 1707.01 to 1707.45 of the | 17023 |
| Revised Code. | 17024 |
| (C) A court order granting restitution or rescission based | 17025 |
| upon a request made pursuant to division (A) of this section shall | 17026 |
| meet the requirements of division (B) of this section and may not | 17027 |
| be based solely upon a final order issued by the division of | 17028 |
| securities pursuant to Chapter 119. of the Revised Code or upon an | 17029 |
| action to enforce a final order issued by the division pursuant to | 17030 |
| that chapter. Notwithstanding the foregoing provision, a request | 17031 |
| for restitution or rescission pursuant to division (A) of this | 17032 |
| section may concern the same acts, practices, or transactions that | 17033 |
| were, or may later be, the subject of a division of securities | 17034 |
| action for a violation of any provision of sections 1707.01 to | 17035 |
| 1707.45 of the Revised Code. If a request for restitution or | 17036 |
| rescission pursuant to division (A) of this section concerns the | 17037 |
| same acts, practices, or transactions that were the subject of a | 17038 |
| final order issued by the division of securities pursuant to | 17039 |
| Chapter 119. of the Revised Code, the court shall review the | 17040 |
| request in accordance with division (B) of this section, and the | 17041 |
| standard of review in section 119.12 of the Revised Code shall not | 17042 |
| apply to the request. | 17043 |
| (D) No purchaser or holder of securities who is entitled to | 17044 |
| restitution or rescission under this section shall recover, | 17045 |
| pursuant to this section or any other proceeding, a total amount | 17046 |
| in excess of the person's purchase price for the securities sold | 17047 |
| in violation of sections 1707.01 to 1707.45 of the Revised Code. | 17048 |
| (E)(1) If a court of common pleas grants an injunction | 17049 |
| pursuant to section 1707.26 of the Revised Code against any state | 17050 |
| retirement system investment officer, after consultation with the | 17051 |
| attorney general, the director of commerce may request that court | 17052 |
| to order the state retirement system investment officer or | 17053 |
| officers that are subject to the injunction to make restitution to | 17054 |
| the state retirement system damaged by the state retirement system | 17055 |
| investment officer's or officers' violation of any provision of | 17056 |
| sections 1707.01 to 1707.45 of the Revised Code. | 17057 |
| (2) If the court of common pleas is satisfied with the | 17058 |
| sufficiency of the director's request for restitution under | 17059 |
| division (E)(1) of this section and with the sufficiency of the | 17060 |
| proof of a substantial violation of any provision of sections | 17061 |
| 1707.01 to 1707.45 of the Revised Code, or of the use of any act, | 17062 |
| practice, or transaction declared to be illegal or prohibited or | 17063 |
| defined as fraudulent by those sections or rules adopted under | 17064 |
| those sections by the division of securities, to the material | 17065 |
| prejudice of a state retirement system, the court may order the | 17066 |
| state retirement system investment officer or officers subject to | 17067 |
| the injunction to make restitution to the state retirement system | 17068 |
| damaged by the state retirement system investment officer's or | 17069 |
| officers' violation of sections 1707.01 to 1707.45 of the Revised | 17070 |
| Code. A request for restitution pursuant to division (E)(1) of | 17071 |
| this section may concern the same acts, practices, or transactions | 17072 |
| that were, or may later be, the subject of a division of | 17073 |
| securities action for a violation of any provision of section | 17074 |
| 1707.01 to 1707.45 of the Revised Code. | 17075 |
| (F)(1) If a court of common pleas grants an injunction | 17076 |
| pursuant to section 1707.26 of the Revised Code against a bureau | 17077 |
| of workers' compensation chief investment officer, after | 17078 |
| consultation with the attorney general, the director of commerce | 17079 |
| may request that court to order the bureau of workers' | 17080 |
| compensation chief investment officer who is subject to the | 17081 |
| injunction to make restitution to the bureau of workers' | 17082 |
| compensation damaged by the bureau of workers' compensation chief | 17083 |
| investment officer's violation of any provision of sections | 17084 |
| 1707.01 to 1707.45 of the Revised Code. | 17085 |
| (2) If the court of common pleas is satisfied with the | 17086 |
| sufficiency of the director's request for restitution under | 17087 |
| division (F)(1) of this section and with the sufficiency of the | 17088 |
| proof of a substantial violation of any provision of sections | 17089 |
| 1707.01 to 1707.45 of the Revised Code, or of the use of any act, | 17090 |
| practice, or transaction declared to be illegal or prohibited or | 17091 |
| defined as fraudulent by those sections or rules adopted under | 17092 |
| those sections by the division of securities, to the material | 17093 |
| prejudice of the bureau of workers' compensation, the court may | 17094 |
| order the bureau of workers' compensation chief investment officer | 17095 |
| subject to the injunction to make restitution to the bureau of | 17096 |
| workers' compensation damaged by the bureau of workers' | 17097 |
| compensation chief investment officer's violation of sections | 17098 |
| 1707.01 to 1707.45 of the Revised Code. A request for restitution | 17099 |
| pursuant to division (F)(1) of this section may concern the same | 17100 |
| acts, practices, or transactions that were, or may later be, the | 17101 |
| subject of a division of securities action for a violation of any | 17102 |
| provision of section 1707.01 to 1707.45 of the Revised Code. | 17103 |
| Sec. 1707.431. For purposes of this section, the following | 17104 |
| persons shall not be deemed to have effected, participated in, or | 17105 |
| aided the seller in any way in making, a sale or contract of sale | 17106 |
| in violation of sections 1707.01 to 1707.45 of the Revised Code: | 17107 |
| (A) Any attorney, accountant, or engineer whose performance | 17108 |
| is incidental to the practice of the person's profession; | 17109 |
| (B) Any person, other than an investment adviser, investment | 17110 |
| adviser representative, bureau of workers' compensation chief | 17111 |
| investment officer, or state retirement system investment officer, | 17112 |
| who brings any issuer together with any potential investor, | 17113 |
| without receiving, directly or indirectly, a commission, fee, or | 17114 |
| other remuneration based on the sale of any securities by the | 17115 |
| issuer to the investor. Remuneration received by the person solely | 17116 |
| for the purpose of offsetting the reasonable out-of-pocket costs | 17117 |
| incurred by the person shall not be deemed a commission, fee, or | 17118 |
| other remuneration. | 17119 |
| Any person claiming exemption under this division for a | 17120 |
| publicly advertised meeting shall file a notice with the division | 17121 |
| of securities indicating an intent to cause or hold such a meeting | 17122 |
| at least twenty-one days prior to the meeting. The division may, | 17123 |
| upon receipt of such notice, issue an order denying the | 17124 |
| availability of an exemption under this division not more than | 17125 |
| fourteen days after receipt of the notice based on a finding that | 17126 |
| the applicant is not entitled to the exemption. Notwithstanding | 17127 |
| the notice described in this section, a failure to file the notice | 17128 |
| does not create a presumption that a person was participating in | 17129 |
| or aiding in the making of a sale or contract of sale in violation | 17130 |
| of this chapter. | 17131 |
| (C) Any person whom the division exempts from this provision | 17132 |
| by rule. | 17133 |
| Sec. 1707.44. (A)(1) No person shall engage in any act or | 17134 |
| practice that violates division (A), (B), or (C) of section | 17135 |
| 1707.14 of the Revised Code, and no salesperson shall sell | 17136 |
| securities in this state without being licensed pursuant to | 17137 |
| section 1707.16 of the Revised Code. | 17138 |
| (2) No person shall engage in any act or practice that | 17139 |
| violates division (A) of section 1707.141 or section 1707.161 of | 17140 |
| the Revised Code. | 17141 |
| (3) No person shall engage in any act or practice that | 17142 |
| violates section 1707.162 of the Revised Code. | 17143 |
| (4) No person shall engage in any act or practice that | 17144 |
| violates section 1707.164 of the Revised Code. | 17145 |
| (B) No person shall knowingly make or cause to be made any | 17146 |
| false representation concerning a material and relevant fact, in | 17147 |
| any oral statement or in any prospectus, circular, description, | 17148 |
| application, or written statement, for any of the following | 17149 |
| purposes: | 17150 |
| (1) Registering securities or transactions, or exempting | 17151 |
| securities or transactions from registration, under this chapter; | 17152 |
| (2) Securing the qualification of any securities under this | 17153 |
| chapter; | 17154 |
| (3) Procuring the licensing of any dealer, salesperson, | 17155 |
| investment adviser, investment adviser representative, bureau of | 17156 |
| workers' compensation chief investment officer, or state | 17157 |
| retirement system investment officer under this chapter; | 17158 |
| (4) Selling any securities in this state; | 17159 |
| (5) Advising for compensation, as to the value of securities | 17160 |
| or as to the advisability of investing in, purchasing, or selling | 17161 |
| securities; | 17162 |
| (6) Submitting a notice filing to the division under division | 17163 |
| (X) of section 1707.03 or section 1707.092 or 1707.141 of the | 17164 |
| Revised Code. | 17165 |
| (C) No person shall knowingly sell, cause to be sold, offer | 17166 |
| for sale, or cause to be offered for sale, any security which | 17167 |
| comes under any of the following descriptions: | 17168 |
| (1) Is not exempt under section 1707.02 of the Revised Code, | 17169 |
| nor the subject matter of one of the transactions exempted in | 17170 |
| section 1707.03, 1707.04, or 1707.34 of the Revised Code, has not | 17171 |
| been registered by coordination or qualification, and is not the | 17172 |
| subject matter of a transaction that has been registered by | 17173 |
| description; | 17174 |
| (2) The prescribed fees for registering by description, by | 17175 |
| coordination, or by qualification have not been paid in respect to | 17176 |
| such security; | 17177 |
| (3) The person has been notified by the division, or has | 17178 |
| knowledge of the notice, that the right to buy, sell, or deal in | 17179 |
| such security has been suspended or revoked, or that the | 17180 |
| registration by description, by coordination, or by qualification | 17181 |
| under which it may be sold has been suspended or revoked; | 17182 |
| (4) The offer or sale is accompanied by a statement that the | 17183 |
| security offered or sold has been or is to be in any manner | 17184 |
| indorsed by the division. | 17185 |
| (D) No person who is an officer, director, or trustee of, or | 17186 |
| a dealer for, any issuer, and who knows such issuer to be | 17187 |
| insolvent in that the liabilities of the issuer exceed its assets, | 17188 |
| shall sell any securities of or for any such issuer, without | 17189 |
| disclosing the fact of the insolvency to the purchaser. | 17190 |
| (E) No person with intent to aid in the sale of any | 17191 |
| securities on behalf of the issuer, shall knowingly make any | 17192 |
| representation not authorized by such issuer or at material | 17193 |
| variance with statements and documents filed with the division by | 17194 |
| such issuer. | 17195 |
| (F) No person, with intent to deceive, shall sell, cause to | 17196 |
| be sold, offer for sale, or cause to be offered for sale, any | 17197 |
| securities of an insolvent issuer, with knowledge that such issuer | 17198 |
| is insolvent in that the liabilities of the issuer exceed its | 17199 |
| assets, taken at their fair market value. | 17200 |
| (G) No person in purchasing or selling securities shall | 17201 |
| knowingly engage in any act or practice that is, in this chapter, | 17202 |
| declared illegal, defined as fraudulent, or prohibited. | 17203 |
| (H) No licensed dealer shall refuse to buy from, sell to, or | 17204 |
| trade with any person because the person appears on a blacklist | 17205 |
| issued by, or is being boycotted by, any foreign corporate or | 17206 |
| governmental entity, nor sell any securities of or for any issuer | 17207 |
| who is known in relation to the issuance or sale of the securities | 17208 |
| to have engaged in such practices. | 17209 |
| (I) No dealer in securities, knowing that the dealer's | 17210 |
| liabilities exceed the reasonable value of the dealer's assets, | 17211 |
| shall accept money or securities, except in payment of or as | 17212 |
| security for an existing debt, from a customer who is ignorant of | 17213 |
| the dealer's insolvency, and thereby cause the customer to lose | 17214 |
| any part of the customer's securities or the value of those | 17215 |
| securities, by doing either of the following without the | 17216 |
| customer's consent: | 17217 |
| (1) Pledging, selling, or otherwise disposing of such | 17218 |
| securities, when the dealer has no lien on or any special property | 17219 |
| in such securities; | 17220 |
| (2) Pledging such securities for more than the amount due, or | 17221 |
| otherwise disposing of such securities for the dealer's own | 17222 |
| benefit, when the dealer has a lien or indebtedness on such | 17223 |
| securities. | 17224 |
| It is an affirmative defense to a charge under this division | 17225 |
| that, at the time the securities involved were pledged, sold, or | 17226 |
| disposed of, the dealer had in the dealer's possession or control, | 17227 |
| and available for delivery, securities of the same kinds and in | 17228 |
| amounts sufficient to satisfy all customers entitled to the | 17229 |
| securities, upon demand and tender of any amount due on the | 17230 |
| securities. | 17231 |
| (J) No person, with purpose to deceive, shall make, issue, | 17232 |
| publish, or cause to be made, issued, or published any statement | 17233 |
| or advertisement as to the value of securities, or as to alleged | 17234 |
| facts affecting the value of securities, or as to the financial | 17235 |
| condition of any issuer of securities, when the person knows that | 17236 |
| such statement or advertisement is false in any material respect. | 17237 |
| (K) No person, with purpose to deceive, shall make, record, | 17238 |
| or publish or cause to be made, recorded, or published, a report | 17239 |
| of any transaction in securities which is false in any material | 17240 |
| respect. | 17241 |
| (L) No dealer shall engage in any act that violates the | 17242 |
| provisions of section 15(c) or 15(g) of the "Securities Exchange | 17243 |
| Act of 1934," 48 Stat. 881, 15 U.S.C.A. 78o(c) or (g), or any rule | 17244 |
| or regulation promulgated by the securities and exchange | 17245 |
| commission thereunder. If, subsequent to October 11, 1994, | 17246 |
| additional amendments to section 15(c) or 15(g) are adopted, or | 17247 |
| additional rules or regulations are promulgated pursuant to such | 17248 |
| sections, the division of securities shall, by rule, adopt the | 17249 |
| amendments, rules, or regulations, unless the division finds that | 17250 |
| the amendments, rules, or regulations are not necessary for the | 17251 |
| protection of investors or in the public interest. | 17252 |
| (M)(1) No investment adviser or investment adviser | 17253 |
| representative shall do any of the following: | 17254 |
| (a) Employ any device, scheme, or artifice to defraud any | 17255 |
| person; | 17256 |
| (b) Engage in any act, practice, or course of business that | 17257 |
| operates or would operate as a fraud or deceit upon any person; | 17258 |
| (c) In acting as principal for the investment adviser's or | 17259 |
| investment adviser representative's own account, knowingly sell | 17260 |
| any security to or purchase any security from a client, or in | 17261 |
| acting as salesperson for a person other than such client, | 17262 |
| knowingly effect any sale or purchase of any security for the | 17263 |
| account of such client, without disclosing to the client in | 17264 |
| writing before the completion of the transaction the capacity in | 17265 |
| which the investment adviser or investment adviser representative | 17266 |
| is acting and obtaining the consent of the client to the | 17267 |
| transaction. Division (M)(1)(c) of this section does not apply to | 17268 |
| any investment adviser registered with the securities and exchange | 17269 |
| commission under section 203 of the "Investment Advisers Act of | 17270 |
| 1940," 15 U.S.C. 80b-3, or to any transaction with a customer of a | 17271 |
| licensed dealer or salesperson if the licensed dealer or | 17272 |
| salesperson is not acting as an investment adviser or investment | 17273 |
| adviser representative in relation to the transaction. | 17274 |
| (d) Engage in any act, practice, or course of business that | 17275 |
| is fraudulent, deceptive, or manipulative. The division of | 17276 |
| securities may adopt rules reasonably designed to prevent such | 17277 |
| acts, practices, or courses of business that are fraudulent, | 17278 |
| deceptive, or manipulative. | 17279 |
| (2) No investment adviser or investment adviser | 17280 |
| representative licensed or required to be licensed under this | 17281 |
| chapter shall take or have custody of any securities or funds of | 17282 |
| any person, except as provided in rules adopted by the division. | 17283 |
| (3) In the solicitation of clients or prospective clients, no | 17284 |
| person shall make any untrue statement of a material fact or omit | 17285 |
| to state a material fact necessary in order to make the statements | 17286 |
| made not misleading in light of the circumstances under which the | 17287 |
| statements were made. | 17288 |
| (N) No person knowingly shall influence, coerce, manipulate, | 17289 |
| or mislead any person engaged in the preparation, compilation, | 17290 |
| review, or audit of financial statements to be used in the | 17291 |
| purchase or sale of securities for the purpose of rendering the | 17292 |
| financial statements materially misleading. | 17293 |
| (O) No state retirement system investment officer shall do | 17294 |
| any of the following: | 17295 |
| (1) Employ any device, scheme, or artifice to defraud any | 17296 |
| state retirement system; | 17297 |
| (2) Engage in any act, practice, or course of business that | 17298 |
| operates or would operate as a fraud or deceit on any state | 17299 |
| retirement system; | 17300 |
| (3) Engage in any act, practice, or course of business that | 17301 |
| is fraudulent, deceptive, or manipulative. The division of | 17302 |
| securities may adopt rules reasonably designed to prevent such | 17303 |
| acts, practices, or courses of business as are fraudulent, | 17304 |
| deceptive, or manipulative; | 17305 |
| (4) Knowingly fail to comply with any policy adopted | 17306 |
| regarding the officer established pursuant to section 145.094, | 17307 |
| 742.104, 3307.043, 3309.043, or | 17308 |
| Code. | 17309 |
| (P) No bureau of workers' compensation chief investment | 17310 |
| officer shall do any of the following: | 17311 |
| (1) Employ any device, scheme, or artifice to defraud the | 17312 |
| workers' compensation system; | 17313 |
| (2) Engage in any act, practice, or course of business that | 17314 |
| operates or would operate as a fraud or deceit on the workers' | 17315 |
| compensation system; | 17316 |
| (3) Engage in any act, practice, or course of business that | 17317 |
| is fraudulent, deceptive, or manipulative. The division of | 17318 |
| securities may adopt rules reasonably designed to prevent such | 17319 |
| acts, practices, or courses of business as are fraudulent, | 17320 |
| deceptive, or manipulative; | 17321 |
| (4) Knowingly fail to comply with any policy adopted | 17322 |
| regarding the officer established pursuant to section 4123.441 of | 17323 |
| the Revised Code. | 17324 |
| Sec. 1707.46. The principal executive officer of the | 17325 |
| division of securities shall be the commissioner of securities, | 17326 |
| who shall be appointed by the director of commerce. The | 17327 |
| commissioner of securities shall enforce all the laws and | 17328 |
| administrative rules enacted or adopted to regulate the sale of | 17329 |
| bonds, stocks, and other securities and to prevent fraud in such | 17330 |
| sales. The commissioner also shall enforce all the laws and | 17331 |
| administrative rules enacted or adopted to regulate investment | 17332 |
| advisers, investment adviser
representatives, | 17333 |
| system investment officers, and the bureau of workers' | 17334 |
| compensation chief investment officer and to prevent fraud in | 17335 |
| their acts, practices, and transactions. | 17336 |
| The commissioner shall be paid at a rate not less than pay | 17337 |
| range 47 set out in schedule E-2 of section 124.152 of the Revised | 17338 |
| Code, to be paid as other operating expenses of the division. | 17339 |
| Sec. 1711.52. The advisory council on amusement ride safety | 17340 |
| shall: | 17341 |
| (A) Study any subject pertaining to amusement ride safety, | 17342 |
| including administrative, engineering, and technical subjects, and | 17343 |
| make findings and recommendations to the director of agriculture; | 17344 |
| (B) Prior to the | 17345 |
| amendments to those rules under division (B) of section 1711.53 | 17346 |
| and division (B) of section 1711.551 of the Revised Code, study | 17347 |
| the proposed rules to be | 17348 |
| regarding amusement ride safety, advise the director, and make | 17349 |
| findings and recommendations to the director; | 17350 |
| (C) Not later than December 31, 2006, prepare and submit a | 17351 |
| report to the governor, the speaker and the minority leader of the | 17352 |
| house of representatives, the president and the minority leader of | 17353 |
| the senate, and the director concerning the advisory council's | 17354 |
| recommendations for alternative funding sources for the amusement | 17355 |
| ride safety program established under this chapter. | 17356 |
| The director shall make available to the advisory council any | 17357 |
| information, reports, and studies requested by the advisory | 17358 |
| council. | 17359 |
| Sec. 1711.53. (A)(1) No person shall operate an amusement | 17360 |
| ride within the state without a permit issued by the director of | 17361 |
| agriculture under division (A)(2) of this section. The owner of an | 17362 |
| amusement ride, whether the ride is a temporary amusement ride or | 17363 |
| a permanent amusement ride, who desires to operate the amusement | 17364 |
| ride within the state shall, prior to the operation of the | 17365 |
| amusement ride and annually thereafter, submit to the department | 17366 |
| of agriculture an application for a permit, together with the | 17367 |
| appropriate permit and inspection fee, on a form to be furnished | 17368 |
| by the department. Prior to issuing any permit the department | 17369 |
| shall, within thirty days after the date on which it receives the | 17370 |
| application, inspect each amusement ride described in the | 17371 |
| application. The owner of an amusement ride shall have the | 17372 |
| amusement ride ready for inspection not later than two hours after | 17373 |
| the time that is requested by the person for the inspection. | 17374 |
| (2) For each amusement ride found to comply with the rules | 17375 |
| adopted by the director under division (B) of this section and | 17376 |
| division (B) of section 1711.551 of the Revised Code, the director | 17377 |
| shall issue an annual permit, provided that evidence of liability | 17378 |
| insurance coverage for the amusement ride as required by section | 17379 |
| 1711.54 of the Revised Code is on file with the department. | 17380 |
| (3) The director shall issue with each permit a decal | 17381 |
| indicating that the amusement ride has been issued the permit. The | 17382 |
| owner of the amusement ride shall affix the decal on the ride at a | 17383 |
| location where the decal is easily visible to the patrons of the | 17384 |
| ride. A copy of the permit shall be kept on file at the same | 17385 |
| address as the location of the amusement ride identified on the | 17386 |
| permit, and shall be made available for inspection, upon | 17387 |
| reasonable demand, by any person. An owner may operate an | 17388 |
| amusement ride prior to obtaining a permit, provided that the | 17389 |
| operation is for the purpose of testing the amusement ride or | 17390 |
| training amusement ride operators and other employees of the owner | 17391 |
| and the amusement ride is not open to the public. | 17392 |
| (B) The director, in accordance with Chapter 119. of the | 17393 |
| Revised Code, shall adopt rules providing for a schedule of fines, | 17394 |
| with no fine exceeding five thousand dollars, for violations of | 17395 |
| sections 1711.50 to 1711.57 of the Revised Code or any rules | 17396 |
| adopted under this division and for the classification of | 17397 |
| amusement rides and rules for the safe operation and inspection of | 17398 |
| all amusement rides as are necessary for amusement ride safety and | 17399 |
| for the protection of the general public. Rules adopted by the | 17400 |
| director for the safe operation and inspection of amusement rides | 17401 |
| shall be reasonable and based upon generally accepted engineering | 17402 |
| standards and practices. In adopting rules under this section, the | 17403 |
| director may adopt by reference, in whole or in part, the national | 17404 |
| fire code or the national electrical code (NEC) prepared by the | 17405 |
| national fire protection association, the standards of the | 17406 |
| American society for testing and materials (ASTM) or the American | 17407 |
| national standards institute (ANSI), or any other principles, | 17408 |
| tests, or standards of nationally recognized technical or | 17409 |
| scientific authorities. Insofar as is practicable and consistent | 17410 |
| with sections 1711.50 to 1711.57 of the Revised Code, rules | 17411 |
| adopted under this division shall be consistent with the rules of | 17412 |
| other states. The department shall cause sections 1711.50 to | 17413 |
| 1711.57 of the Revised Code and the rules adopted in accordance | 17414 |
| with this division and division (B) of section 1711.551 of the | 17415 |
| Revised Code to be published in pamphlet form and a copy to be | 17416 |
| furnished without charge to each owner of an amusement ride who | 17417 |
| holds a current permit or is an applicant therefor. | 17418 |
| (C) With respect to an application for a permit for an | 17419 |
| amusement ride, an owner may apply to the director for a waiver or | 17420 |
| modification of any rule adopted under division (B) of this | 17421 |
| section if there are practical difficulties or unnecessary | 17422 |
| hardships for the amusement ride to comply with the rules. Any | 17423 |
| application shall set forth the reasons for the request. The | 17424 |
| director, with the approval of the advisory council on amusement | 17425 |
| ride safety, may waive or modify the application of a rule to any | 17426 |
| amusement ride if the public safety is secure. Any authorization | 17427 |
| by the director under this division shall be in writing and shall | 17428 |
| set forth the conditions under which the waiver or modification is | 17429 |
| authorized, and the department shall retain separate records of | 17430 |
| all proceedings under this division. | 17431 |
| (D)(1) The director shall employ and provide for training of | 17432 |
| a chief inspector and additional inspectors and employees as may | 17433 |
| be necessary to administer and enforce sections 1711.50 to 1711.57 | 17434 |
| of the Revised Code. The director may appoint or contract with | 17435 |
| other persons to perform inspections of amusement rides, provided | 17436 |
| that the persons meet the qualifications for inspectors | 17437 |
| established by rules adopted under division (B) of this section | 17438 |
| and are not owners, or employees of owners, of any amusement ride | 17439 |
| subject to inspection under sections 1711.50 to 1711.57 of the | 17440 |
| Revised Code. No person shall inspect an amusement ride who, | 17441 |
| within six months prior to the date of inspection, was an employee | 17442 |
| of the owner of the ride. | 17443 |
| (2) Before the director contracts with other persons to | 17444 |
| inspect amusement rides, the director shall seek the advice of the | 17445 |
| advisory council on amusement ride safety on whether to contract | 17446 |
| with those persons. The advice shall not be binding upon the | 17447 |
| director. After having received the advice of the council, the | 17448 |
| director may proceed to contract with inspectors in accordance | 17449 |
| with the procedures specified in division (E)(2) of section | 17450 |
| 1711.11 of the Revised Code. | 17451 |
| (3) With the advice and consent of the advisory council on | 17452 |
| amusement ride safety, the director may employ a special | 17453 |
| consultant to conduct an independent investigation of an amusement | 17454 |
| ride accident. This consultant need not be in the civil service of | 17455 |
| the state, but shall have qualifications to conduct the | 17456 |
| investigation acceptable to the council. | 17457 |
| (E)(1) Except as otherwise provided in division (E)(1) of | 17458 |
| this section, the department shall charge the following amusement | 17459 |
| ride fees: | 17460 |
| Permit | 17461 | ||||
| Annual inspection and reinspection per ride: | 17462 | ||||
| Kiddie rides | $ 100 | 17463 | |||
| Roller coaster | $ 950 | 17464 | |||
| Aerial lifts or bungee | 17465 | ||||
| jumping facilities | $ 450 | 17466 | |||
| Go karts | $ 5 | 17467 | |||
| Other rides | $ 160 | 17468 | |||
| Midseason operational inspection per ride | $ 25 | 17469 | |||
| Expedited inspection per ride | $ 100 | 17470 | |||
| Failure to cancel scheduled inspection per ride | $ 100 | 17471 | |||
| Failure to have amusement ride ready for | 17472 | ||||
| inspection per ride | $100 | 17473 | |||
| The go kart inspection fee is in addition to the inspection | 17474 |
| fee for the go kart track. | 17475 |
| The fees for an expedited inspection, failure to cancel a | 17476 |
| scheduled inspection, and failure to have an amusement ride ready | 17477 |
| for inspection do not apply to go karts. | 17478 |
| As used in division (E)(1) of this section, "expedited | 17479 |
| inspection" means an inspection of an amusement ride by the | 17480 |
| department not later than ten days after the owner of the | 17481 |
| amusement ride files an application for a permit under this | 17482 |
| section. | 17483 |
| (2) All fees and fines collected by the department under | 17484 |
| sections 1711.50 to 1711.57 of the Revised Code shall be deposited | 17485 |
| in the state treasury to the credit of the amusement ride | 17486 |
| inspection fund, which is hereby created, and shall be used only | 17487 |
| for the purpose of administering and enforcing sections 1711.11 | 17488 |
| and 1711.50 to 1711.57 of the Revised Code. | 17489 |
| (3) The owner of an amusement ride shall be required to pay a | 17490 |
| reinspection fee only if the reinspection was conducted at the | 17491 |
| owner's request under division (F) of this section, if the | 17492 |
| reinspection is required by division (F) of this section because | 17493 |
| of an accident, or if the reinspection is required by division (F) | 17494 |
| of section 1711.55 of the Revised Code. If a reinspection is | 17495 |
| conducted at the request of the chief officer of a fair, festival, | 17496 |
| or event where the ride is operating, the reinspection fee shall | 17497 |
| be charged to the fair, festival, or event. | 17498 |
| (4) The rules adopted under division (B) of this section | 17499 |
| shall define "kiddie rides," "roller coaster," "aerial lifts," "go | 17500 |
| karts," and "other rides" for purposes of determining the fees | 17501 |
| under division (E) of this section. The rules shall define "other | 17502 |
| rides" to include go kart tracks. | 17503 |
| (F) A reinspection of an amusement ride shall take place if | 17504 |
| an accident occurs, if the owner of the ride or the chief officer | 17505 |
| of the fair, festival, or event where the ride is operating | 17506 |
| requests a reinspection, or if the reinspection is required by | 17507 |
| division (F) of section 1711.55 of the Revised Code. | 17508 |
| (G) As a supplement to its annual inspection of a temporary | 17509 |
| amusement ride, the department may inspect the ride during each | 17510 |
| scheduled event, as listed in the schedule of events provided to | 17511 |
| the department by the owner pursuant to division (C) of section | 17512 |
| 1711.55 of the Revised Code, at which the ride is operated in this | 17513 |
| state. These supplemental inspections are in addition to any other | 17514 |
| inspection or reinspection of the ride as may be required under | 17515 |
| sections 1711.50 to 1711.57 of the Revised Code, and the owner of | 17516 |
| the temporary amusement ride is not required to pay an inspection | 17517 |
| or reinspection fee for this supplemental inspection. Nothing in | 17518 |
| this division shall be construed to prohibit the owner of a | 17519 |
| temporary amusement ride having a valid permit to operate in this | 17520 |
| state from operating the ride at a scheduled event before the | 17521 |
| department conducts a supplemental inspection. | 17522 |
| (H) The department may annually conduct a midseason | 17523 |
| operational inspection of every amusement ride upon which it | 17524 |
| conducts an annual inspection pursuant to division (A) of this | 17525 |
| section. The midseason operational inspection is in addition to | 17526 |
| any other inspection or reinspection of the amusement ride as may | 17527 |
| be required pursuant to sections 1711.50 to 1711.57 of the Revised | 17528 |
| Code. The owner of an amusement ride shall submit to the | 17529 |
| department, at the time determined by the department, the | 17530 |
| midseason operational inspection fee specified in division (E) of | 17531 |
| this section. The director, in accordance with Chapter 119. of the | 17532 |
| Revised Code, shall adopt rules specifying the time period during | 17533 |
| which the department will conduct midseason operational | 17534 |
| inspections. | 17535 |
| Sec. 1711.531. (A) No person shall operate an amusement ride | 17536 |
| powered from an electric light company source unless the amusement | 17537 |
| ride operates through a fusible switch, enclosed circuit breaker, | 17538 |
| or panelboard that has been: | 17539 |
| (1) Rated by the underwriters laboratories for service | 17540 |
| entrance applications; | 17541 |
| (2) Installed in compliance with the national electrical | 17542 |
| code; | 17543 |
| (3) Metered through a meter installed by the electric light | 17544 |
| company. | 17545 |
| (B) An amusement ride owner shall not use an electric light | 17546 |
| company source as described in division (A) of this section unless | 17547 |
| the owner has written certification that the fusible switch, | 17548 |
| enclosed circuit breaker, or panelboard satisfies the requirements | 17549 |
| established in divisions (A)(1) to (3) of this section and that is | 17550 |
| issued by a person certified under section 3783.03 or licensed | 17551 |
| under section 4740.06 of the Revised Code. The owner shall make | 17552 |
| the certificate available to the director of agriculture upon | 17553 |
| request. | 17554 |
| (C) This section does not apply to either of the following | 17555 |
| types of amusement rides: | 17556 |
| (1) Rides that do not require electrical current; | 17557 |
| (2) Rides that the director exempts in rules the director | 17558 |
| adopts. | 17559 |
| (D) A person licensed pursuant to section 4740.06 of the | 17560 |
| Revised Code, when conducting an inspection pursuant to this | 17561 |
| section, is not violating section 3783.06 of the Revised Code. | 17562 |
| (E) As used in this section, "electric light company" has the | 17563 |
| same meaning as in section 4905.03 of the Revised Code. | 17564 |
| Sec. 1713.03. The Ohio board of regents shall establish | 17565 |
| standards for certificates of authorization to be issued to | 17566 |
| institutions as defined in section 1713.01 of the Revised Code, to | 17567 |
| private institutions exempt from regulation under Chapter 3332. of | 17568 |
| the Revised Code as prescribed in section 3333.046 of the Revised | 17569 |
| Code, and to schools holding certificates of registration issued | 17570 |
| by the state board of career colleges and schools pursuant to | 17571 |
| division (C) of section 3332.05 of the Revised Code. A certificate | 17572 |
| of authorization may permit an institution or school to award one | 17573 |
| or more types of degrees. | 17574 |
| The standards for a certificate of authorization may include, | 17575 |
| for various types of institutions, schools, or degrees, minimum | 17576 |
| qualifications for faculty, library, laboratories, and other | 17577 |
| facilities as adopted and published by the Ohio board of regents. | 17578 |
| The standards shall be adopted by the board pursuant to Chapter | 17579 |
| 119. of the Revised Code. | 17580 |
| An institution or school shall apply to the board for a | 17581 |
| certificate of authorization on forms containing such information | 17582 |
| as is prescribed by the board. Each institution or school with a | 17583 |
| certificate of authorization shall file an annual report with the | 17584 |
| board in such form and containing such information as the board | 17585 |
| prescribes. | 17586 |
| The board shall adopt a rule under Chapter 119. of the | 17587 |
| Revised Code establishing fees to pay the cost of reviewing an | 17588 |
| application for a certificate of authorization, which the | 17589 |
| institution or school shall pay when it applies for a certificate | 17590 |
| of authorization, and establishing fees, which an institution or | 17591 |
| school shall pay, for any further reviews the board determines | 17592 |
| necessary upon examining an institution's or school's annual | 17593 |
| report. | 17594 |
| Sec. 1751.03. (A) Each application for a certificate of | 17595 |
| authority under this chapter shall be verified by an officer or | 17596 |
| authorized representative of the applicant, shall be in a format | 17597 |
| prescribed by the superintendent of insurance, and shall set forth | 17598 |
| or be accompanied by the following: | 17599 |
| (1) A certified copy of the applicant's articles of | 17600 |
| incorporation and all amendments to the articles of incorporation; | 17601 |
| (2) A copy of any regulations adopted for the government of | 17602 |
| the corporation, any bylaws, and any similar documents, and a copy | 17603 |
| of all amendments to these regulations, bylaws, and documents. The | 17604 |
| corporate secretary shall certify that these regulations, bylaws, | 17605 |
| documents, and amendments have been properly adopted or approved. | 17606 |
| (3) A list of the names, addresses, and official positions of | 17607 |
| the persons responsible for the conduct of the applicant, | 17608 |
| including all members of the board, the principal officers, and | 17609 |
| the person responsible for completing or filing financial | 17610 |
| statements with the department of insurance, accompanied by a | 17611 |
| completed original biographical affidavit and release of | 17612 |
| information for each of these persons on forms acceptable to the | 17613 |
| department; | 17614 |
| (4) A full and complete disclosure of the extent and nature | 17615 |
| of any contractual or other financial arrangement between the | 17616 |
| applicant and any provider or a person listed in division (A)(3) | 17617 |
| of this section, including, but not limited to, a full and | 17618 |
| complete disclosure of the financial interest held by any such | 17619 |
| provider or person in any health care facility, provider, or | 17620 |
| insurer that has entered into a financial relationship with the | 17621 |
| health insuring corporation; | 17622 |
| (5) A description of the applicant, its facilities, and its | 17623 |
| personnel, including, but not limited to, the location, hours of | 17624 |
| operation, and telephone numbers of all contracted facilities; | 17625 |
| (6) The applicant's projected annual enrollee population over | 17626 |
| a three-year period; | 17627 |
| (7) A clear and specific description of the health care plan | 17628 |
| or plans to be used by the applicant, including a description of | 17629 |
| the proposed providers, procedures for accessing care, and the | 17630 |
| form of all proposed and existing contracts relating to the | 17631 |
| administration, delivery, or financing of health care services; | 17632 |
| (8) A copy of each type of evidence of coverage and | 17633 |
| identification card or similar document to be issued to | 17634 |
| subscribers; | 17635 |
| (9) A copy of each type of individual or group policy, | 17636 |
| contract, or agreement to be used; | 17637 |
| (10) The schedule of the proposed contractual periodic | 17638 |
| prepayments or premium rates, or both, accompanied by appropriate | 17639 |
| supporting data; | 17640 |
| (11) A financial plan which provides a three-year projection | 17641 |
| of operating results, including the projected expenses, income, | 17642 |
| and sources of working capital; | 17643 |
| (12) The enrollee complaint procedure to be utilized as | 17644 |
| required under section 1751.19 of the Revised Code; | 17645 |
| (13) A description of the procedures and programs to be | 17646 |
| implemented on an ongoing basis to assure the quality of health | 17647 |
| care services delivered to enrollees, including, if applicable, a | 17648 |
| description of a quality assurance program complying with the | 17649 |
| requirements of sections 1751.73 to 1751.75 of the Revised Code; | 17650 |
| (14) A statement describing the geographic area or areas to | 17651 |
| be served, by county; | 17652 |
| (15) A copy of all solicitation documents; | 17653 |
| (16) A balance sheet and other financial statements showing | 17654 |
| the applicant's assets, liabilities, income, and other sources of | 17655 |
| financial support; | 17656 |
| (17) A description of the nature and extent of any | 17657 |
| reinsurance program to be implemented, and a demonstration that | 17658 |
| errors and omission insurance and, if appropriate, fidelity | 17659 |
| insurance, will be in place upon the applicant's receipt of a | 17660 |
| certificate of authority; | 17661 |
| (18) Copies of all proposed or in force related-party or | 17662 |
| intercompany agreements with an explanation of the financial | 17663 |
| impact of these agreements on the applicant. If the applicant | 17664 |
| intends to enter into a contract for managerial or administrative | 17665 |
| services, with either an affiliated or an unaffiliated person, the | 17666 |
| applicant shall provide a copy of the contract and a detailed | 17667 |
| description of the person to provide these services. The | 17668 |
| description shall include that person's experience in managing or | 17669 |
| administering health care plans, a copy of that person's most | 17670 |
| recent audited financial statement, and a completed biographical | 17671 |
| affidavit on a form acceptable to the superintendent for each of | 17672 |
| that person's principal officers and board members and for any | 17673 |
| additional employee to be directly involved in providing | 17674 |
| managerial or administrative services to the health insuring | 17675 |
| corporation. If the person to provide managerial or administrative | 17676 |
| services is affiliated with the health insuring corporation, the | 17677 |
| contract must provide for payment for services based on actual | 17678 |
| costs. | 17679 |
| (19) A statement from the applicant's board that the admitted | 17680 |
| assets of the applicant have not been and will not be pledged or | 17681 |
| hypothecated; | 17682 |
| (20) A statement from the applicant's board that the | 17683 |
| applicant will submit monthly financial statements during the | 17684 |
| first year of operations; | 17685 |
| (21) The name and address of the applicant's Ohio statutory | 17686 |
| agent for service of process, notice, or demand; | 17687 |
| (22) Copies of all documents the applicant filed with the | 17688 |
| secretary of state; | 17689 |
| (23) The location of those books and records of the applicant | 17690 |
| that must be maintained, which books and records shall be | 17691 |
| maintained in Ohio if the applicant is a domestic corporation, and | 17692 |
| which may be maintained either in the applicant's state of | 17693 |
| domicile or in Ohio if the applicant is a foreign corporation; | 17694 |
| (24) The applicant's federal identification number, corporate | 17695 |
| address, and mailing address; | 17696 |
| (25) An internal and external organizational chart; | 17697 |
| (26) A list of the assets representing the initial net worth | 17698 |
| of the applicant; | 17699 |
| (27) If the applicant has a parent company, the parent | 17700 |
| company's guaranty, on a form acceptable to the superintendent, | 17701 |
| that the applicant will maintain Ohio's minimum net worth. If no | 17702 |
| parent company exists, a statement regarding the availability of | 17703 |
| future funds if needed. | 17704 |
| (28) The names and addresses of the applicant's actuary and | 17705 |
| external auditors; | 17706 |
| (29) If the applicant is a foreign corporation, a copy of the | 17707 |
| most recent financial statements filed with the insurance | 17708 |
| regulatory agency in the applicant's state of domicile; | 17709 |
| (30) If the applicant is a foreign corporation, a statement | 17710 |
| from the insurance regulatory agency of the applicant's state of | 17711 |
| domicile stating that the regulatory agency has no objection to | 17712 |
| the applicant applying for an Ohio license and that the applicant | 17713 |
| is in good standing in the applicant's state of domicile; | 17714 |
| (31) Any other information that the superintendent may | 17715 |
| require; | 17716 |
| (32) Documentation acceptable to the superintendent of the | 17717 |
| bond or securities required by section 1751.271 of the Revised | 17718 |
| Code. | 17719 |
| (B)(1) A health insuring corporation, unless otherwise | 17720 |
| provided for in this chapter or in section 3901.321 of the Revised | 17721 |
| Code, shall file a timely notice with the superintendent | 17722 |
| describing any change to the corporation's articles of | 17723 |
| incorporation or regulations, or any major modification to its | 17724 |
| operations as set out in the information required by division (A) | 17725 |
| of this section that affects any of the following: | 17726 |
| (a) The solvency of the health insuring corporation; | 17727 |
| (b) The health insuring corporation's continued provision of | 17728 |
| services that it has contracted to provide; | 17729 |
| (c) The manner in which the health insuring corporation | 17730 |
| conducts its business. | 17731 |
| (2) If the change or modification is to be the result of an | 17732 |
| action to be taken by the health insuring corporation, the notice | 17733 |
| shall be filed with the superintendent prior to the health | 17734 |
| insuring corporation taking the action. The action shall be deemed | 17735 |
| approved if the superintendent does not disapprove it within sixty | 17736 |
| days of filing. | 17737 |
| (3) The filing of a notice pursuant to division (B)(1) or (2) | 17738 |
| of this section shall also serve as the submission of a notice | 17739 |
| when required for the superintendent's review for purposes of | 17740 |
| section 3901.341 of the Revised Code, if the notice contains all | 17741 |
| of the information that section 3901.341 of the Revised Code | 17742 |
| requires for such submissions and a copy of any written agreement. | 17743 |
| The filing of such a notice, for the purpose of satisfying this | 17744 |
| division and section 3901.341 of the Revised Code, shall be | 17745 |
| subject to the sixty-day review period of division (B)(2) of this | 17746 |
| section. | 17747 |
| (C)(1) No health insuring corporation shall expand its | 17748 |
| approved service area until a copy of the request for expansion, | 17749 |
| accompanied by documentation of the network of providers, forms of | 17750 |
| all proposed or existing provider contracts relating to the | 17751 |
| delivery of health care services, a schedule of proposed | 17752 |
| contractual periodic prepayments and premium rates for group | 17753 |
| contracts accompanied by appropriate supporting data, enrollment | 17754 |
| projections, plan of operation, and any other changes have been | 17755 |
| filed with the superintendent. | 17756 |
| (2) Within ten calendar days after receipt of a complete | 17757 |
| filing under division (C)(1) of this section, the superintendent | 17758 |
| shall refer the appropriate jurisdictional issues to the director | 17759 |
| of health if required pursuant to section 1751.04 of the Revised | 17760 |
| Code. | 17761 |
| (3) Within seventy-five days after the superintendent's | 17762 |
| receipt of a complete filing under division (C)(1) of this | 17763 |
| section, the superintendent shall determine whether the plan for | 17764 |
| expansion is
lawful, fair, and reasonable. | 17765 |
| required pursuant to section 1751.04 of the Revised Code, the | 17766 |
| superintendent may not make a determination until the | 17767 |
| superintendent has received the director's certification of | 17768 |
| compliance, which the director shall furnish within forty-five | 17769 |
| days after the referral under division (C)(2) of this section. The | 17770 |
| director shall not certify that the requirements of section | 17771 |
| 1751.04 of the Revised Code are not met, unless the applicant has | 17772 |
| been given an opportunity for a hearing as provided in division | 17773 |
| (D) of section 1751.04 of the Revised Code. The forty-five-day and | 17774 |
| seventy-five-day review periods provided for in division (C)(3) of | 17775 |
| this section shall cease to run as of the date on which the notice | 17776 |
| of the applicant's right to request a hearing is mailed and shall | 17777 |
| remain suspended until the director issues a final certification. | 17778 |
| (4) If the superintendent has not approved or disapproved all | 17779 |
| or a portion of a service area expansion within the | 17780 |
| seventy-five-day period provided for in division (C)(3) of this | 17781 |
| section, the filing shall be deemed approved. | 17782 |
| (5) Disapproval of all or a portion of the filing shall be | 17783 |
| effected by written notice, which shall state the grounds for the | 17784 |
| order of disapproval and shall be given in accordance with Chapter | 17785 |
| 119. of the Revised Code. | 17786 |
| Sec. 1751.04. (A) | 17787 |
| this section, upon the receipt by the superintendent of insurance | 17788 |
| of a complete application for a certificate of authority to | 17789 |
| establish or operate a health insuring corporation, which | 17790 |
| application sets forth or is accompanied by the information and | 17791 |
| documents required by division (A) of section 1751.03 of the | 17792 |
| Revised Code, the superintendent shall transmit copies of the | 17793 |
| application and accompanying documents to the director of health. | 17794 |
| (B) The director shall review the application and | 17795 |
| accompanying documents and make findings as to whether the | 17796 |
| applicant for a certificate of authority has done all of the | 17797 |
| following with respect to any basic health care services and | 17798 |
| supplemental health care services to be furnished: | 17799 |
| (1) Demonstrated the willingness and potential ability to | 17800 |
| ensure that all basic health care services and supplemental health | 17801 |
| care services described in the evidence of coverage will be | 17802 |
| provided to all its enrollees as promptly as is appropriate and in | 17803 |
| a manner that assures continuity; | 17804 |
| (2) Made effective arrangements to ensure that its enrollees | 17805 |
| have reliable access to qualified providers in those specialties | 17806 |
| that are generally available in the geographic area or areas to be | 17807 |
| served by the applicant and that are necessary to provide all | 17808 |
| basic health care services and supplemental health care services | 17809 |
| described in the evidence of coverage; | 17810 |
| (3) Made appropriate arrangements for the availability of | 17811 |
| short-term health care services in emergencies within the | 17812 |
| geographic area or areas to be served by the applicant, | 17813 |
| twenty-four hours per day, seven days per week, and for the | 17814 |
| provision of adequate coverage whenever an out-of-area emergency | 17815 |
| arises; | 17816 |
| (4) Made appropriate arrangements for an ongoing evaluation | 17817 |
| and assurance of the quality of health care services provided to | 17818 |
| enrollees, including, if applicable, the development of a quality | 17819 |
| assurance program complying with the requirements of sections | 17820 |
| 1751.73 to 1751.75 of the Revised Code, and the adequacy of the | 17821 |
| personnel, facilities, and equipment by or through which the | 17822 |
| services are rendered; | 17823 |
| (5) Developed a procedure to gather and report statistics | 17824 |
| relating to the cost and effectiveness of its operations, the | 17825 |
| pattern of utilization of its services, and the quality, | 17826 |
| availability, and accessibility of its services. | 17827 |
| (C) Within ninety days of the director's receipt of the | 17828 |
| application for issuance of a certificate of authority, the | 17829 |
| director shall certify to the superintendent whether or not the | 17830 |
| applicant meets the requirements of division (B) of this section | 17831 |
| and sections 3702.51 to 3702.62 of the Revised Code. If the | 17832 |
| director certifies that the applicant does not meet these | 17833 |
| requirements, the director shall specify in what respects it is | 17834 |
| deficient. However, the director shall not certify that the | 17835 |
| requirements of this section are not met unless the applicant has | 17836 |
| been given an opportunity for a hearing. | 17837 |
| (D) If the applicant requests a hearing, the director shall | 17838 |
| hold a hearing before certifying that the applicant does not meet | 17839 |
| the requirements of this section. The hearing shall be held in | 17840 |
| accordance with Chapter 119. of the Revised Code. | 17841 |
| (E) The ninety-day review period provided for under division | 17842 |
| (C) of this section shall cease to run as of the date on which the | 17843 |
| notice of the applicant's right to request a hearing is mailed and | 17844 |
| shall remain suspended until the director issues a final | 17845 |
| certification order. | 17846 |
| (F) Nothing in this section requires the director to review | 17847 |
| or make findings with regard to an application and accompanying | 17848 |
| documents to establish or operate a health insuring corporation to | 17849 |
| cover solely recipients of assistance under the medicaid program | 17850 |
| operated pursuant to Chapter 5111. of the Revised Code. | 17851 |
| Sec. 1751.05. (A) The superintendent of insurance shall | 17852 |
| issue or deny a certificate of
authority to | 17853 |
| health insuring corporations within the deadlines specified as | 17854 |
| follows: | 17855 |
| (1) For a health insuring corporation
| 17856 |
| filing an application pursuant to section 1751.03 of the Revised | 17857 |
|
Code | 17858 |
| of the certification from the director of health under division | 17859 |
| (C) of section 1751.04 of the Revised Code; | 17860 |
| (2) For a health insuring corporation that covers solely | 17861 |
| recipients of assistance under the medicaid program operated | 17862 |
| pursuant to Chapter 5111. of the Revised Code, one hundred | 17863 |
| thirty-five days from the superintendent's receipt of a complete | 17864 |
| application and accompanying documents. | 17865 |
| (B) A certificate of authority shall be issued upon payment | 17866 |
| of the application fee prescribed in section 1751.44 of the | 17867 |
| Revised Code if the superintendent is satisfied that the following | 17868 |
| conditions are met: | 17869 |
| (1) The persons responsible for the conduct of the affairs of | 17870 |
| the applicant are competent, trustworthy, and possess good | 17871 |
| reputations. | 17872 |
| (2) The director certifies, in accordance with division (C) | 17873 |
| of section 1751.04 of the Revised Code, that the organization's | 17874 |
| proposed plan of operation meets the requirements of division (B) | 17875 |
| of that section and sections 3702.51 to 3702.62 of the Revised | 17876 |
| Code. If, after the director has certified compliance, the | 17877 |
| application is amended in a manner that affects its approval under | 17878 |
| section 1751.04 of the Revised Code, the superintendent shall | 17879 |
| request the director to review and recertify the amended plan of | 17880 |
| operation. Within forty-five days of receipt of the amended plan | 17881 |
| from the superintendent, the director shall certify to the | 17882 |
| superintendent, pursuant to section 1751.04 of the Revised Code, | 17883 |
| whether or not the amended plan meets the requirements of section | 17884 |
| 1751.04 of the Revised Code. The superintendent's forty-five-day | 17885 |
| review period shall cease to run as of the date on which the | 17886 |
| amended plan is transmitted to the director and shall remain | 17887 |
| suspended until the superintendent receives a new certification | 17888 |
| from the director. | 17889 |
| (3) The applicant constitutes an appropriate mechanism to | 17890 |
| effectively provide or arrange for the provision of the basic | 17891 |
| health care services, supplemental health care services, or | 17892 |
| specialty health care services to be provided to enrollees. | 17893 |
| (4) The applicant is financially responsible, complies with | 17894 |
| section 1751.28 of the Revised Code, and may reasonably be | 17895 |
| expected to meet its obligations to enrollees and prospective | 17896 |
| enrollees. In making this determination, the superintendent may | 17897 |
| consider: | 17898 |
| (a) The financial soundness of the applicant's arrangements | 17899 |
| for health care services, including the applicant's proposed | 17900 |
| contractual periodic prepayments or premiums and the use of | 17901 |
| copayments and deductibles; | 17902 |
| (b) The adequacy of working capital; | 17903 |
| (c) Any agreement with an insurer, a government, or any other | 17904 |
| person for insuring the payment of the cost of health care | 17905 |
| services or providing for automatic applicability of an | 17906 |
| alternative coverage in the event of discontinuance of the health | 17907 |
| insuring corporation's operations; | 17908 |
| (d) Any agreement with providers or health care facilities | 17909 |
| for the provision of health care services; | 17910 |
| (e) Any deposit of securities submitted in accordance with | 17911 |
| section 1751.27 of the Revised Code as a guarantee that the | 17912 |
| obligations will be performed. | 17913 |
| (5) The applicant has submitted documentation of an | 17914 |
| arrangement to provide health care services to its enrollees until | 17915 |
| the expiration of the enrollees' contracts with the applicant if a | 17916 |
| health care plan or the operations of the health insuring | 17917 |
| corporation are discontinued prior to the expiration of the | 17918 |
| enrollees' contracts. An arrangement to provide health care | 17919 |
| services may be made by using any one, or any combination, of the | 17920 |
| following methods: | 17921 |
| (a) The maintenance of insolvency insurance; | 17922 |
| (b) A provision in contracts with providers and health care | 17923 |
| facilities, but no health insuring corporation shall rely solely | 17924 |
| on such a provision for more than thirty days; | 17925 |
| (c) An agreement with other health insuring corporations or | 17926 |
| insurers, providing enrollees with automatic conversion rights | 17927 |
| upon the discontinuation of a health care plan or the health | 17928 |
| insuring corporation's operations; | 17929 |
| (d) Such other methods as approved by the superintendent. | 17930 |
| (6) Nothing in the applicant's proposed method of operation, | 17931 |
| as shown by the information submitted pursuant to section 1751.03 | 17932 |
| of the Revised Code or by independent investigation, will cause | 17933 |
| harm to an enrollee or to the public at large, as determined by | 17934 |
| the superintendent. | 17935 |
| (7) Any deficiencies certified by the director have been | 17936 |
| corrected. | 17937 |
| (8) The applicant has deposited securities as set forth in | 17938 |
| section 1751.27 of the Revised Code. | 17939 |
| | 17940 |
| division (A)(5) of this section through an agreement with other | 17941 |
| health insuring corporations or insurers, the agreement shall | 17942 |
| require those health insuring corporations or insurers to give | 17943 |
| thirty days' notice to the superintendent prior to cancellation or | 17944 |
| discontinuation of the agreement for any reason. | 17945 |
| | 17946 |
| compliance with the requirements of section 1751.36 of the Revised | 17947 |
| Code. | 17948 |
| Sec. 1751.271. (A) Each health insuring corporation that | 17949 |
| provides coverage to medicaid recipients shall post a performance | 17950 |
| bond in the amount of three million dollars as security to fulfill | 17951 |
| the obligations of the health insuring corporation to pay claims | 17952 |
| of contracted providers for covered health care services provided | 17953 |
| to medicaid recipients. The bond shall be payable to the | 17954 |
| department of insurance in the event that the health insuring | 17955 |
| corporation is placed in rehabilitation or liquidation proceedings | 17956 |
| under Chapter 3903. of the Revised Code, and shall become a | 17957 |
| special deposit subject to section 3903.14 or 3903.421 of the | 17958 |
| Revised Code, as applicable. In lieu of the performance bond, a | 17959 |
| medicaid health insuring corporation may deposit securities with | 17960 |
| the superintendent of insurance, acceptable to the superintendent, | 17961 |
| in the amount of three million dollars, to satisfy the bonding | 17962 |
| requirements of this section. Upon rehabilitation or liquidation, | 17963 |
| the securities shall become a special deposit subject to sections | 17964 |
| 3903.14 and 3903.421 of the Revised Code, as applicable. The | 17965 |
| health insuring corporation shall receive the interest on the | 17966 |
| deposited securities as long as the health insuring corporation | 17967 |
| remains solvent. | 17968 |
| (B) The bond shall be issued by a surety company licensed | 17969 |
| with the department of insurance. The bond or deposit, or any | 17970 |
| replacement bond or deposit, shall be in a form acceptable to the | 17971 |
| superintendent, and shall remain in effect during the duration of | 17972 |
| the medicaid health insuring corporation's license and thereafter | 17973 |
| until all claims against the medicaid health insuring corporation | 17974 |
| have been paid in full. | 17975 |
| (C) Documentation of the bond acceptable to the | 17976 |
| superintendent of insurance shall be filed with the superintendent | 17977 |
| prior to the issuance of a certificate of authority. Annually, | 17978 |
| thirty days prior to the renewal of its certificate of authority, | 17979 |
| every medicaid health insuring corporation shall furnish the | 17980 |
| superintendent of insurance with evidence that the required bond | 17981 |
| is still in effect. | 17982 |
| (D) As used in this section: | 17983 |
| (1) "Contracted provider" means a provider that has a | 17984 |
| contract with a medicaid health insuring corporation to provide | 17985 |
| covered health care services to medicaid recipients. | 17986 |
| (2) "Medicaid health insuring corporation" means a health | 17987 |
| insuring corporation that provides health insurance coverage or | 17988 |
| otherwise assumes claims liabilities for medicaid recipients. | 17989 |
| (3) "Medicaid recipient" means a person eligible for | 17990 |
| assistance under the medicaid program operated pursuant to Chapter | 17991 |
| 5111. of the Revised Code. | 17992 |
| Sec. 1901.26. (A) Subject to division (E) of this section, | 17993 |
| costs in a municipal court shall be fixed and taxed as follows: | 17994 |
| (1) The municipal court shall require an advance deposit for | 17995 |
| the filing of any new civil action or proceeding when required by | 17996 |
| division (A)(9) of this section, and in all other cases, by rule, | 17997 |
| shall establish a schedule of fees and costs to be taxed in any | 17998 |
| civil or criminal action or proceeding. | 17999 |
| (2) The municipal court, by rule, may require an advance | 18000 |
| deposit for the filing of any civil action or proceeding and | 18001 |
| publication fees as provided in section 2701.09 of the Revised | 18002 |
| Code. The court may waive the requirement for advance deposit upon | 18003 |
| affidavit or other evidence that a party is unable to make the | 18004 |
| required deposit. | 18005 |
| (3) When a jury trial is demanded in any civil action or | 18006 |
| proceeding, the party making the demand may be required to make an | 18007 |
| advance deposit as fixed by rule of court, unless, upon affidavit | 18008 |
| or other evidence, the court concludes that the party is unable to | 18009 |
| make the required deposit. If a jury is called, the fees of a jury | 18010 |
| shall be taxed as costs. | 18011 |
| (4) In any civil or criminal action or proceeding, witnesses' | 18012 |
| fees shall be fixed in accordance with sections 2335.06 and | 18013 |
| 2335.08 of the Revised Code. | 18014 |
| (5) A reasonable charge for driving, towing, carting, | 18015 |
| storing, keeping, and preserving motor vehicles and other personal | 18016 |
| property recovered or seized in any proceeding may be taxed as | 18017 |
| part of the costs in a trial of the cause, in an amount that shall | 18018 |
| be fixed by rule of court. | 18019 |
| (6) Chattel property seized under any writ or process issued | 18020 |
| by the court shall be preserved pending final disposition for the | 18021 |
| benefit of all persons interested and may be placed in storage | 18022 |
| when necessary or proper for that preservation. The custodian of | 18023 |
| any chattel property so stored shall not be required to part with | 18024 |
| the possession of the property until a reasonable charge, to be | 18025 |
| fixed by the court, is paid. | 18026 |
| (7) The municipal court, as it determines, may refund all | 18027 |
| deposits and advance payments of fees and costs, including those | 18028 |
| for jurors and summoning jurors, when they have been paid by the | 18029 |
| losing party. | 18030 |
| (8) Charges for the publication of legal notices required by | 18031 |
| statute or order of court may be taxed as part of the costs, as | 18032 |
| provided by section 7.13 of the Revised Code. | 18033 |
| (B)(1) The municipal court may determine that, for the | 18034 |
| efficient operation of the court, additional funds are necessary | 18035 |
| to acquire and pay for special projects of the court including, | 18036 |
| but not limited to, the acquisition of additional facilities or | 18037 |
| the rehabilitation of existing facilities, the acquisition of | 18038 |
| equipment, the hiring and training of staff, community service | 18039 |
| programs, mediation or dispute resolution services, the employment | 18040 |
| of magistrates, the training and education of judges, acting | 18041 |
| judges, and magistrates, and other related services. Upon that | 18042 |
| determination, the court by rule may charge a fee, in addition to | 18043 |
| all other court costs, on the filing of each criminal cause, civil | 18044 |
| action or proceeding, or judgment by confession. | 18045 |
| If the municipal court offers a special program or service in | 18046 |
| cases of a specific type, the municipal court by rule may assess | 18047 |
| an additional charge in a case of that type, over and above court | 18048 |
| costs, to cover the special program or service. The municipal | 18049 |
| court shall adjust the special assessment periodically, but not | 18050 |
| retroactively, so that the amount assessed in those cases does not | 18051 |
| exceed the actual cost of providing the service or program. | 18052 |
| All moneys collected under division (B) of this section shall | 18053 |
| be paid to the county treasurer if the court is a county-operated | 18054 |
| municipal court or to the city treasurer if the court is not a | 18055 |
| county-operated municipal court for deposit into either a general | 18056 |
| special projects fund or a fund established for a specific special | 18057 |
| project. Moneys from a fund of that nature shall be disbursed upon | 18058 |
| an order of the court in an amount no greater than the actual cost | 18059 |
| to the court of a project. If a specific fund is terminated | 18060 |
| because of the discontinuance of a program or service established | 18061 |
| under division (B) of this section, the municipal court may order | 18062 |
| that moneys remaining in the fund be transferred to an account | 18063 |
| established under this division for a similar purpose. | 18064 |
| (2) As used in division (B) of this section: | 18065 |
| (a) "Criminal cause" means a charge alleging the violation of | 18066 |
| a statute or ordinance, or subsection of a statute or ordinance, | 18067 |
| that requires a separate finding of fact or a separate plea before | 18068 |
| disposition and of which the defendant may be found guilty, | 18069 |
| whether filed as part of a multiple charge on a single summons, | 18070 |
| citation, or complaint or as a separate charge on a single | 18071 |
| summons, citation, or complaint. "Criminal cause" does not include | 18072 |
| separate violations of the same statute or ordinance, or | 18073 |
| subsection of the same statute or ordinance, unless each charge is | 18074 |
| filed on a separate summons, citation, or complaint. | 18075 |
| (b) "Civil action or proceeding" means any civil litigation | 18076 |
| that must be determined by judgment entry. | 18077 |
| (C) The municipal court shall collect in all its divisions | 18078 |
|
except the small claims
division the
sum of | 18079 |
| dollars as additional filing fees in each new civil action or | 18080 |
| proceeding for the charitable public purpose of providing | 18081 |
| financial assistance to legal aid societies that operate within | 18082 |
| the state and to support the office of the state public defender. | 18083 |
| The municipal court shall collect in its small claims division the | 18084 |
| sum of | 18085 |
| civil action or proceeding for the charitable public purpose of | 18086 |
| providing financial assistance to legal aid societies that operate | 18087 |
| within the state and to support the office of the state public | 18088 |
| defender. This division does not apply to any execution on a | 18089 |
| judgment, proceeding in aid of execution, or other post-judgment | 18090 |
| proceeding arising out of a civil action. The filing fees required | 18091 |
| to be collected under this division shall be in addition to any | 18092 |
| other court costs imposed in the action or proceeding and shall be | 18093 |
| collected at the time of the filing of the action or proceeding. | 18094 |
| The court shall not waive the payment of the additional filing | 18095 |
| fees in a new civil action or proceeding unless the court waives | 18096 |
| the advanced payment of all filing fees in the action or | 18097 |
| proceeding. All such moneys collected during a month shall be | 18098 |
| transmitted on or before
the
| 18099 |
| the following month by the clerk of the court to the treasurer of | 18100 |
| state in a manner prescribed by the treasurer of state or by the | 18101 |
| Ohio legal assistance foundation. The
| 18102 |
| 18103 | |
| the funds collected under this division to the credit of the civil | 18104 |
| case filing fee fund established under section 120.07 of the | 18105 |
| Revised Code and ninety-six per cent of the funds collected under | 18106 |
| this division to the credit of the legal aid fund established | 18107 |
| under section 120.52 of the Revised Code. | 18108 |
| The court may retain up to one per cent of the moneys it | 18109 |
| collects under this division to cover administrative costs, | 18110 |
| including the hiring of any additional personnel necessary to | 18111 |
| implement this division. | 18112 |
| (D) In the Cleveland municipal court, reasonable charges for | 18113 |
| investigating titles of real estate to be sold or disposed of | 18114 |
| under any writ or process of the court may be taxed as part of the | 18115 |
| costs. | 18116 |
| (E) Under the circumstances described in sections 2969.21 to | 18117 |
| 2969.27 of the Revised Code, the clerk of the municipal court | 18118 |
| shall charge the fees and perform the other duties specified in | 18119 |
| those sections. | 18120 |
| Sec. 1901.31. The clerk and deputy clerks of a municipal | 18121 |
| court shall be selected, be compensated, give bond, and have | 18122 |
| powers and duties as follows: | 18123 |
| (A) There shall be a clerk of the court who is appointed or | 18124 |
| elected as follows: | 18125 |
| (1)(a) Except in the Akron, Barberton, Cuyahoga Falls, | 18126 |
| 18127 | |
| municipal courts, if the population of the territory equals or | 18128 |
| exceeds one hundred thousand at the regular municipal election | 18129 |
| immediately preceding the expiration of the term of the present | 18130 |
| clerk, the clerk shall be nominated and elected by the qualified | 18131 |
| electors of the territory in the manner that is provided for the | 18132 |
| nomination and election of judges in section 1901.07 of the | 18133 |
| Revised Code. | 18134 |
| The clerk so elected shall hold office for a term of six | 18135 |
| years, which term shall commence on the first day of January | 18136 |
| following the clerk's election and continue until the clerk's | 18137 |
| successor is elected and qualified. | 18138 |
| (b) In the Hamilton county municipal court, the clerk of | 18139 |
| courts of Hamilton county shall be the clerk of the municipal | 18140 |
| court and may appoint an assistant clerk who shall receive the | 18141 |
| compensation, payable out of the treasury of Hamilton county in | 18142 |
| semimonthly installments, that the board of county commissioners | 18143 |
| prescribes. The clerk of courts of Hamilton county, acting as the | 18144 |
| clerk of the Hamilton county municipal court and assuming the | 18145 |
| duties of that office, shall receive compensation at one-fourth | 18146 |
| the rate that is prescribed for the clerks of courts of common | 18147 |
| pleas as determined in accordance with the population of the | 18148 |
| county and the rates set forth in sections 325.08 and 325.18 of | 18149 |
| the Revised Code. This compensation shall be paid from the county | 18150 |
| treasury in semimonthly installments and is in addition to the | 18151 |
| annual compensation that is received for the performance of the | 18152 |
| duties of the clerk of courts of Hamilton county, as provided in | 18153 |
| sections 325.08 and 325.18 of the Revised Code. | 18154 |
| (c) In the Portage county and Wayne county municipal courts, | 18155 |
| the clerks of courts of Portage county and Wayne county shall be | 18156 |
| the clerks, respectively, of the Portage county and Wayne county | 18157 |
| municipal courts and may appoint a chief deputy clerk for each | 18158 |
| branch that is established pursuant to section 1901.311 of the | 18159 |
| Revised Code and assistant clerks as the judges of the municipal | 18160 |
| court determine are necessary, all of whom shall receive the | 18161 |
| compensation that the legislative authority prescribes. The clerks | 18162 |
| of courts of Portage county and Wayne county, acting as the clerks | 18163 |
| of the Portage county and Wayne county municipal courts and | 18164 |
| assuming the duties of these offices, shall receive compensation | 18165 |
| payable from the county treasury in semimonthly installments at | 18166 |
| one-fourth the rate that is prescribed for the clerks of courts of | 18167 |
| common pleas as determined in accordance with the population of | 18168 |
| the county and the rates set forth in sections 325.08 and 325.18 | 18169 |
| of the Revised Code. | 18170 |
| (d) Except as otherwise provided in division (A)(1)(d) of | 18171 |
| this section, in the Akron municipal court, candidates for | 18172 |
| election to the office of clerk of the court shall be nominated by | 18173 |
| primary election. The primary election shall be held on the day | 18174 |
| specified in the charter of the city of Akron for the nomination | 18175 |
| of municipal officers. Notwithstanding section 3513.257 of the | 18176 |
| Revised Code, the nominating petitions of independent candidates | 18177 |
| shall be signed by at least two hundred fifty qualified electors | 18178 |
| of the territory of the court. | 18179 |
| The candidates shall file a declaration of candidacy and | 18180 |
| petition, or a nominating petition, whichever is applicable, not | 18181 |
| later than four p.m. of the seventy-fifth day before the day of | 18182 |
| the primary election, in the form prescribed by section 3513.07 or | 18183 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 18184 |
| petition, or the nominating petition, shall conform to the | 18185 |
| applicable requirements of section 3513.05 or 3513.257 of the | 18186 |
| Revised Code. | 18187 |
| If no valid declaration of candidacy and petition is filed by | 18188 |
| any person for nomination as a candidate of a particular political | 18189 |
| party for election to the office of clerk of the Akron municipal | 18190 |
| court, a primary election shall not be held for the purpose of | 18191 |
| nominating a candidate of that party for election to that office. | 18192 |
| If only one person files a valid declaration of candidacy and | 18193 |
| petition for nomination as a candidate of a particular political | 18194 |
| party for election to that office, a primary election shall not be | 18195 |
| held for the purpose of nominating a candidate of that party for | 18196 |
| election to that office, and the candidate shall be issued a | 18197 |
| certificate of nomination in the manner set forth in section | 18198 |
| 3513.02 of the Revised Code. | 18199 |
| Declarations of candidacy and petitions, nominating | 18200 |
| petitions, and certificates of nomination for the office of clerk | 18201 |
| of the Akron municipal court shall contain a designation of the | 18202 |
| term for which the candidate seeks election. At the following | 18203 |
| regular municipal election, all candidates for the office shall be | 18204 |
| submitted to the qualified electors of the territory of the court | 18205 |
| in the manner that is provided in section 1901.07 of the Revised | 18206 |
| Code for the election of the judges of the court. The clerk so | 18207 |
| elected shall hold office for a term of six years, which term | 18208 |
| shall commence on the first day of January following the clerk's | 18209 |
| election and continue until the clerk's successor is elected and | 18210 |
| qualified. | 18211 |
| (e) | 18212 |
| 18213 | |
| 18214 | |
| 18215 | |
| 18216 | |
| 18217 | |
| 18218 | |
| 18219 | |
| 18220 |
| | 18221 |
| this section, in the Barberton municipal court, candidates for | 18222 |
| election to the office of clerk of the court shall be nominated by | 18223 |
| primary election. The primary election shall be held on the day | 18224 |
| specified in the charter of the city of Barberton for the | 18225 |
| nomination of municipal officers. Notwithstanding section 3513.257 | 18226 |
| of the Revised Code, the nominating petitions of independent | 18227 |
| candidates shall be signed by at least two hundred fifty qualified | 18228 |
| electors of the territory of the court. | 18229 |
| The candidates shall file a declaration of candidacy and | 18230 |
| petition, or a nominating petition, whichever is applicable, not | 18231 |
| later than four p.m. of the seventy-fifth day before the day of | 18232 |
| the primary election, in the form prescribed by section 3513.07 or | 18233 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 18234 |
| petition, or the nominating petition, shall conform to the | 18235 |
| applicable requirements of section 3513.05 or 3513.257 of the | 18236 |
| Revised Code. | 18237 |
| If no valid declaration of candidacy and petition is filed by | 18238 |
| any person for nomination as a candidate of a particular political | 18239 |
| party for election to the office of clerk of the Barberton | 18240 |
| municipal court, a primary election shall not be held for the | 18241 |
| purpose of nominating a candidate of that party for election to | 18242 |
| that office. If only one person files a valid declaration of | 18243 |
| candidacy and petition for nomination as a candidate of a | 18244 |
| particular political party for election to that office, a primary | 18245 |
| election shall not be held for the purpose of nominating a | 18246 |
| candidate of that party for election to that office, and the | 18247 |
| candidate shall be issued a certificate of nomination in the | 18248 |
| manner set forth in section 3513.02 of the Revised Code. | 18249 |
| Declarations of candidacy and petitions, nominating | 18250 |
| petitions, and certificates of nomination for the office of clerk | 18251 |
| of the Barberton municipal court shall contain a designation of | 18252 |
| the term for which the candidate seeks election. At the following | 18253 |
| regular municipal election, all candidates for the office shall be | 18254 |
| submitted to the qualified electors of the territory of the court | 18255 |
| in the manner that is provided in section 1901.07 of the Revised | 18256 |
| Code for the election of the judges of the court. The clerk so | 18257 |
| elected shall hold office for a term of six years, which term | 18258 |
| shall commence on the first day of January following the clerk's | 18259 |
| election and continue until the clerk's successor is elected and | 18260 |
| qualified. | 18261 |
| | 18262 |
| of this section, in the Cuyahoga Falls municipal court, candidates | 18263 |
| for election to the office of clerk of the court shall be | 18264 |
| nominated by primary election. The primary election shall be held | 18265 |
| on the day specified in the charter of the city of Cuyahoga Falls | 18266 |
| for the nomination of municipal officers. Notwithstanding section | 18267 |
| 3513.257 of the Revised Code, the nominating petitions of | 18268 |
| independent candidates shall be signed by at least two hundred | 18269 |
| fifty qualified electors of the territory of the court. | 18270 |
| The candidates shall file a declaration of candidacy and | 18271 |
| petition, or a nominating petition, whichever is applicable, not | 18272 |
| later than four p.m. of the seventy-fifth day before the day of | 18273 |
| the primary election, in the form prescribed by section 3513.07 or | 18274 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 18275 |
| petition, or the nominating petition, shall conform to the | 18276 |
| applicable requirements of section 3513.05 or 3513.257 of the | 18277 |
| Revised Code. | 18278 |
| If no valid declaration of candidacy and petition is filed by | 18279 |
| any person for nomination as a candidate of a particular political | 18280 |
| party for election to the office of clerk of the Cuyahoga Falls | 18281 |
| municipal court, a primary election shall not be held for the | 18282 |
| purpose of nominating a candidate of that party for election to | 18283 |
| that office. If only one person files a valid declaration of | 18284 |
| candidacy and petition for nomination as a candidate of a | 18285 |
| particular political party for election to that office, a primary | 18286 |
| election shall not be held for the purpose of nominating a | 18287 |
| candidate of that party for election to that office, and the | 18288 |
| candidate shall be issued a certificate of nomination in the | 18289 |
| manner set forth in section 3513.02 of the Revised Code. | 18290 |
| Declarations of candidacy and petitions, nominating | 18291 |
| petitions, and certificates of nomination for the office of clerk | 18292 |
| of the Cuyahoga Falls municipal court shall contain a designation | 18293 |
| of the term for which the candidate seeks election. At the | 18294 |
| following regular municipal election, all candidates for the | 18295 |
| office shall be submitted to the qualified electors of the | 18296 |
| territory of the court in the manner that is provided in section | 18297 |
| 1901.07 of the Revised Code for the election of the judges of the | 18298 |
| court. The clerk so elected shall hold office for a term of six | 18299 |
| years, which term shall commence on the first day of January | 18300 |
| following the clerk's election and continue until the clerk's | 18301 |
| successor is elected and qualified. | 18302 |
| | 18303 |
| of this section, in the Toledo municipal court, candidates for | 18304 |
| election to the office of clerk of the court shall be nominated by | 18305 |
| primary election. The primary election shall be held on the day | 18306 |
| specified in the charter of the city of Toledo for the nomination | 18307 |
| of municipal officers. Notwithstanding section 3513.257 of the | 18308 |
| Revised Code, the nominating petitions of independent candidates | 18309 |
| shall be signed by at least two hundred fifty qualified electors | 18310 |
| of the territory of the court. | 18311 |
| The candidates shall file a declaration of candidacy and | 18312 |
| petition, or a nominating petition, whichever is applicable, not | 18313 |
| later than four p.m. of the seventy-fifth day before the day of | 18314 |
| the primary election, in the form prescribed by section 3513.07 or | 18315 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 18316 |
| petition, or the nominating petition, shall conform to the | 18317 |
| applicable requirements of section 3513.05 or 3513.257 of the | 18318 |
| Revised Code. | 18319 |
| If no valid declaration of candidacy and petition is filed by | 18320 |
| any person for nomination as a candidate of a particular political | 18321 |
| party for election to the office of clerk of the Toledo municipal | 18322 |
| court, a primary election shall not be held for the purpose of | 18323 |
| nominating a candidate of that party for election to that office. | 18324 |
| If only one person files a valid declaration of candidacy and | 18325 |
| petition for nomination as a candidate of a particular political | 18326 |
| party for election to that office, a primary election shall not be | 18327 |
| held for the purpose of nominating a candidate of that party for | 18328 |
| election to that office, and the candidate shall be issued a | 18329 |
| certificate of nomination in the manner set forth in section | 18330 |
| 3513.02 of the Revised Code. | 18331 |
| Declarations of candidacy and petitions, nominating | 18332 |
| petitions, and certificates of nomination for the office of clerk | 18333 |
| of the Toledo municipal court shall contain a designation of the | 18334 |
| term for which the candidate seeks election. At the following | 18335 |
| regular municipal election, all candidates for the office shall be | 18336 |
| submitted to the qualified electors of the territory of the court | 18337 |
| in the manner that is provided in section 1901.07 of the Revised | 18338 |
| Code for the election of the judges of the court. The clerk so | 18339 |
| elected shall hold office for a term of six years, which term | 18340 |
| shall commence on the first day of January following the clerk's | 18341 |
| election and continue until the clerk's successor is elected and | 18342 |
| qualified. | 18343 |
| (2)(a) Except for the Alliance, Auglaize county, Brown | 18344 |
| county, Columbiana county, Lorain, Massillon, and Youngstown | 18345 |
| municipal courts, in a municipal court for which the population of | 18346 |
|
the territory is less
than one hundred thousand | 18347 |
| 18348 | |
| the clerk shall hold office until the clerk's successor is | 18349 |
| appointed and qualified. | 18350 |
| (b) In the Alliance, Lorain, Massillon, and Youngstown | 18351 |
| municipal courts, the clerk shall be elected for a term of office | 18352 |
| as described in division (A)(1)(a) of this section. | 18353 |
| (c) In the Auglaize county and Brown county municipal courts, | 18354 |
| the clerks of courts of Auglaize county and Brown county shall be | 18355 |
| the clerks, respectively, of the Auglaize county and Brown county | 18356 |
| municipal courts and may appoint a chief deputy clerk for each | 18357 |
| branch that is established pursuant to section 1901.311 of the | 18358 |
| Revised Code, and assistant clerks as the judge of the court | 18359 |
| determines are necessary, all of whom shall receive the | 18360 |
| compensation that the legislative authority prescribes. The clerks | 18361 |
| of courts of Auglaize county and Brown county, acting as the | 18362 |
| clerks of the Auglaize county and Brown county municipal courts | 18363 |
| and assuming the duties of these offices, shall receive | 18364 |
| compensation payable from the county treasury in semimonthly | 18365 |
| installments at one-fourth the rate that is prescribed for the | 18366 |
| clerks of courts of common pleas as determined in accordance with | 18367 |
| the population of the county and the rates set forth in sections | 18368 |
| 325.08 and 325.18 of the Revised Code. | 18369 |
| (d) In the Columbiana county municipal court, the clerk of | 18370 |
| courts of Columbiana county shall be the clerk of the municipal | 18371 |
| court, may appoint a chief deputy clerk for each branch office | 18372 |
| that is established pursuant to section 1901.311 of the Revised | 18373 |
| Code, and may appoint any assistant clerks that the judges of the | 18374 |
| court determine are necessary. All of the chief deputy clerks and | 18375 |
| assistant clerks shall receive the compensation that the | 18376 |
| legislative authority prescribes. The clerk of courts of | 18377 |
| Columbiana county, acting as the clerk of the Columbiana county | 18378 |
| municipal court and assuming the duties of that office, shall | 18379 |
| receive compensation payable from the county treasury in | 18380 |
| semimonthly installments at one-fourth the rate that is prescribed | 18381 |
| for the clerks of courts of common pleas as determined in | 18382 |
| accordance with the population of the county and the rates set | 18383 |
| forth in sections 325.08 and 325.18 of the Revised Code. | 18384 |
| (3) During the temporary absence of the clerk due to illness, | 18385 |
| vacation, or other proper cause, the court may appoint a temporary | 18386 |
| clerk, who shall be paid the same compensation, have the same | 18387 |
| authority, and perform the same duties as the clerk. | 18388 |
| (B) Except in the Hamilton county,
| 18389 |
| and Wayne county municipal courts, if a vacancy occurs in the | 18390 |
| office of the clerk of the Alliance, Lorain, Massillon, or | 18391 |
| Youngstown municipal court or occurs in the office of the clerk of | 18392 |
| a municipal court for which the population of the territory equals | 18393 |
| or exceeds one hundred thousand because the clerk ceases to hold | 18394 |
| the office before the end of the clerk's term or because a | 18395 |
| clerk-elect fails to take office, the vacancy shall be filled, | 18396 |
| until a successor is elected and qualified, by a person chosen by | 18397 |
| the residents of the territory of the court who are members of the | 18398 |
| county central committee of the political party by which the last | 18399 |
| occupant of that office or the clerk-elect was nominated. Not less | 18400 |
| than five nor more than fifteen days after a vacancy occurs, those | 18401 |
| members of that county central committee shall meet to make an | 18402 |
| appointment to fill the vacancy. At least four days before the | 18403 |
| date of the meeting, the chairperson or a secretary of the county | 18404 |
| central committee shall notify each such member of that county | 18405 |
| central committee by first class mail of the date, time, and place | 18406 |
| of the meeting and its purpose. A majority of all such members of | 18407 |
| that county central committee constitutes a quorum, and a majority | 18408 |
| of the quorum is required to make the appointment. If the office | 18409 |
| so vacated was occupied or was to be occupied by a person not | 18410 |
| nominated at a primary election, or if the appointment was not | 18411 |
| made by the committee members in accordance with this division, | 18412 |
| the court shall make an appointment to fill the vacancy. A | 18413 |
| successor shall be elected to fill the office for the unexpired | 18414 |
| term at the first municipal election that is held more than one | 18415 |
| hundred twenty days after the vacancy occurred. | 18416 |
| (C)(1) In a municipal court, other than the Auglaize county, | 18417 |
| the Brown county, the Columbiana county, and the Lorain municipal | 18418 |
| courts, for which the population of the territory is less than one | 18419 |
|
hundred thousand
| 18420 |
| the municipal court shall receive the annual compensation that the | 18421 |
| presiding judge of the court prescribes, if the revenue of the | 18422 |
| court for the preceding calendar year, as certified by the auditor | 18423 |
| or chief fiscal officer of the municipal corporation in which the | 18424 |
| court is located or, in the case of a county-operated municipal | 18425 |
| court, the county auditor, is equal to or greater than the | 18426 |
| expenditures, including any debt charges, for the operation of the | 18427 |
| court payable under this chapter from the city treasury or, in the | 18428 |
| case of a county-operated municipal court, the county treasury for | 18429 |
| that calendar year, as also certified by the auditor or chief | 18430 |
| fiscal officer. If the revenue of a municipal court, other than | 18431 |
| the Auglaize county, the Brown county, the Columbiana county, and | 18432 |
| the Lorain municipal courts, for which the population of the | 18433 |
|
territory
is less than one
hundred thousand | 18434 |
| 18435 | |
| certified is not equal to or greater than those expenditures for | 18436 |
| the operation of the court for that calendar year as so certified, | 18437 |
| the clerk of a municipal court shall receive the annual | 18438 |
| compensation that the legislative authority prescribes. As used in | 18439 |
| this division, "revenue" means the total of all costs and fees | 18440 |
| that are collected and paid to the city treasury or, in a | 18441 |
| county-operated municipal court, the county treasury by the clerk | 18442 |
| of the municipal court under division (F) of this section and all | 18443 |
| interest received and paid to the city treasury or, in a | 18444 |
| county-operated municipal court, the county treasury in relation | 18445 |
| to the costs and fees under division (G) of this section. | 18446 |
| (2) In a municipal court, other than the Hamilton county, | 18447 |
| 18448 | |
| which the population of the territory is one hundred thousand or | 18449 |
| more, and in the Lorain municipal court, the clerk of the | 18450 |
| municipal court shall receive annual compensation in a sum equal | 18451 |
| to eighty-five per cent of the salary of a judge of the court. | 18452 |
| (3) The compensation of a clerk described in division (C)(1) | 18453 |
| or (2) of this section is payable in semimonthly installments from | 18454 |
| the same sources and in the same manner as provided in section | 18455 |
| 1901.11 of the Revised Code. | 18456 |
| (D) Before entering upon the duties of the clerk's office, | 18457 |
| the clerk of a municipal court shall give bond of not less than | 18458 |
| six thousand dollars to be determined by the judges of the court, | 18459 |
| conditioned upon the faithful performance of the clerk's duties. | 18460 |
| (E) The clerk of a municipal court may do all of the | 18461 |
| following: administer oaths, take affidavits, and issue executions | 18462 |
| upon any judgment rendered in the court, including a judgment for | 18463 |
| unpaid costs; issue, sign, and attach the seal of the court to all | 18464 |
| writs, process, subpoenas, and papers issuing out of the court; | 18465 |
| and approve all bonds, sureties, recognizances, and undertakings | 18466 |
| fixed by any judge of the court or by law. The clerk may refuse to | 18467 |
| accept for filing any pleading or paper submitted for filing by a | 18468 |
| person who has been found to be a vexatious litigator under | 18469 |
| section 2323.52 of the Revised Code and who has failed to obtain | 18470 |
| leave to proceed under that section. The clerk shall do all of the | 18471 |
| following: file and safely keep all journals, records, books, and | 18472 |
| papers belonging or appertaining to the court; record the | 18473 |
| proceedings of the court; perform all other duties that the judges | 18474 |
| of the court may prescribe; and keep a book showing all receipts | 18475 |
| and disbursements, which book shall be open for public inspection | 18476 |
| at all times. | 18477 |
| The clerk shall prepare and maintain a general index, a | 18478 |
| docket, and other records that the court, by rule, requires, all | 18479 |
| of which shall be the public records of the court. In the docket, | 18480 |
| the clerk shall enter, at the time of the commencement of an | 18481 |
| action, the names of the parties in full, the names of the | 18482 |
| counsel, and the nature of the proceedings. Under proper dates, | 18483 |
| the clerk shall note the filing of the complaint, issuing of | 18484 |
| summons or other process, returns, and any subsequent pleadings. | 18485 |
| The clerk also shall enter all reports, verdicts, orders, | 18486 |
| judgments, and proceedings of the court, clearly specifying the | 18487 |
| relief granted or orders made in each action. The court may order | 18488 |
| an extended record of any of the above to be made and entered, | 18489 |
| under the proper action heading, upon the docket at the request of | 18490 |
| any party to the case, the expense of which record may be taxed as | 18491 |
| costs in the case or may be required to be prepaid by the party | 18492 |
| demanding the record, upon order of the court. | 18493 |
| (F) The clerk of a municipal court shall receive, collect, | 18494 |
| and issue receipts for all costs, fees, fines, bail, and other | 18495 |
| moneys payable to the office or to any officer of the court. The | 18496 |
| clerk shall each month disburse to the proper persons or officers, | 18497 |
| and take receipts for, all costs, fees, fines, bail, and other | 18498 |
| moneys that the clerk collects. Subject to sections 3375.50 and | 18499 |
| 4511.193 of the Revised Code and to any other section of the | 18500 |
| Revised Code that requires a specific manner of disbursement of | 18501 |
| any moneys received by a municipal court and except for the | 18502 |
| Hamilton county, Lawrence county, and Ottawa county municipal | 18503 |
| courts, the clerk shall pay all fines received for violation of | 18504 |
| municipal ordinances into the treasury of the municipal | 18505 |
| corporation the ordinance of which was violated and shall pay all | 18506 |
| fines received for violation of township resolutions adopted | 18507 |
| pursuant to Chapter 504. of the Revised Code into the treasury of | 18508 |
| the township the resolution of which was violated. Subject to | 18509 |
| sections 1901.024 and 4511.193 of the Revised Code, in the | 18510 |
| Hamilton county, Lawrence county, and Ottawa county municipal | 18511 |
| courts, the clerk shall pay fifty per cent of the fines received | 18512 |
| for violation of municipal ordinances and fifty per cent of the | 18513 |
| fines received for violation of township resolutions adopted | 18514 |
| pursuant to Chapter 504. of the Revised Code into the treasury of | 18515 |
| the county. Subject to sections 3375.50, 3375.53, 4511.19, and | 18516 |
| 5503.04 of the Revised Code and to any other section of the | 18517 |
| Revised Code that requires a specific manner of disbursement of | 18518 |
| any moneys received by a municipal court, the clerk shall pay all | 18519 |
| fines collected for the violation of state laws into the county | 18520 |
| treasury. Except in a county-operated municipal court, the clerk | 18521 |
| shall pay all costs and fees the disbursement of which is not | 18522 |
| otherwise provided for in the Revised Code into the city treasury. | 18523 |
| The clerk of a county-operated municipal court shall pay the costs | 18524 |
| and fees the disbursement of which is not otherwise provided for | 18525 |
| in the Revised Code into the county treasury. Moneys deposited as | 18526 |
| security for costs shall be retained pending the litigation. The | 18527 |
| clerk shall keep a separate account of all receipts and | 18528 |
| disbursements in civil and criminal cases, which shall be a | 18529 |
| permanent public record of the office. On the expiration of the | 18530 |
| term of the clerk, the clerk shall deliver the records to the | 18531 |
| clerk's successor. The clerk shall have other powers and duties as | 18532 |
| are prescribed by rule or order of the court. | 18533 |
| (G) All moneys paid into a municipal court shall be noted on | 18534 |
| the record of the case in which they are paid and shall be | 18535 |
| deposited in a state or national bank, or a domestic savings and | 18536 |
| loan association, as defined in section 1151.01 of the Revised | 18537 |
| Code, that is selected by the clerk. Any interest received upon | 18538 |
| the deposits shall be paid into the city treasury, except that, in | 18539 |
| a county-operated municipal court, the interest shall be paid into | 18540 |
| the treasury of the county in which the court is located. | 18541 |
| On the first Monday in January of each year, the clerk shall | 18542 |
| make a list of the titles of all cases in the court that were | 18543 |
| finally determined more than one year past in which there remains | 18544 |
| unclaimed in the possession of the clerk any funds, or any part of | 18545 |
| a deposit for security of costs not consumed by the costs in the | 18546 |
| case. The clerk shall give notice of the moneys to the parties who | 18547 |
| are entitled to the moneys or to their attorneys of record. All | 18548 |
| the moneys remaining unclaimed on the first day of April of each | 18549 |
| year shall be paid by the clerk to the city treasurer, except | 18550 |
| that, in a county-operated municipal court, the moneys shall be | 18551 |
| paid to the treasurer of the county in which the court is located. | 18552 |
| The treasurer shall pay any part of the moneys at any time to the | 18553 |
| person who has the right to the moneys upon proper certification | 18554 |
| of the clerk. | 18555 |
| (H) Deputy clerks may be appointed by the clerk and shall | 18556 |
| receive the compensation, payable in semimonthly installments out | 18557 |
| of the city treasury, that the clerk may prescribe, except that | 18558 |
| the compensation of any deputy clerk of a county-operated | 18559 |
| municipal court shall be paid out of the treasury of the county in | 18560 |
| which the court is located. Each deputy clerk shall take an oath | 18561 |
| of office before entering upon the duties of the deputy clerk's | 18562 |
| office and, when so qualified, may perform the duties appertaining | 18563 |
| to the office of the clerk. The clerk may require any of the | 18564 |
| deputy clerks to give bond of not less than three thousand | 18565 |
| dollars, conditioned for the faithful performance of the deputy | 18566 |
| clerk's duties. | 18567 |
| (I) For the purposes of this section, whenever the population | 18568 |
| of the territory of a municipal court falls below one hundred | 18569 |
| thousand but not below ninety thousand, and the population of the | 18570 |
| territory prior to the most recent regular federal census exceeded | 18571 |
| one hundred thousand, the legislative authority of the municipal | 18572 |
| corporation may declare, by resolution, that the territory shall | 18573 |
| be considered to have a population of at least one hundred | 18574 |
| thousand. | 18575 |
| (J) The clerk or a deputy clerk shall be in attendance at all | 18576 |
| sessions of the municipal court, although not necessarily in the | 18577 |
| courtroom, and may administer oaths to witnesses and jurors and | 18578 |
| receive verdicts. | 18579 |
| Sec. 1907.24. (A) Subject to division (C) of this section, a | 18580 |
| county court shall fix and tax fees and costs as follows: | 18581 |
| (1) The county court shall require an advance deposit for the | 18582 |
| filing of any new civil action or proceeding when required by | 18583 |
| division (C) of this section and, in all other cases, shall | 18584 |
| establish a schedule of fees and costs to be taxed in any civil or | 18585 |
| criminal action or proceeding. | 18586 |
| (2) The county court by rule may require an advance deposit | 18587 |
| for the filing of a civil action or proceeding and publication | 18588 |
| fees as provided in section 2701.09 of the Revised Code. The court | 18589 |
| may waive an advance deposit requirement upon the presentation of | 18590 |
| an affidavit or other evidence that establishes that a party is | 18591 |
| unable to make the requisite deposit. | 18592 |
| (3) When a party demands a jury trial in a civil action or | 18593 |
| proceeding, the county court may require the party to make an | 18594 |
| advance deposit as fixed by rule of court, unless the court | 18595 |
| concludes, on the basis of an affidavit or other evidence | 18596 |
| presented by the party, that the party is unable to make the | 18597 |
| requisite deposit. If a jury is called, the county court shall tax | 18598 |
| the fees of a jury as costs. | 18599 |
| (4) In a civil or criminal action or proceeding, the county | 18600 |
| court shall fix the fees of witnesses in accordance with sections | 18601 |
| 2335.06 and 2335.08 of the Revised Code. | 18602 |
| (5) A county court may tax as part of the costs in a trial of | 18603 |
| the cause, in an amount fixed by rule of court, a reasonable | 18604 |
| charge for driving, towing, carting, storing, keeping, and | 18605 |
| preserving motor vehicles and other personal property recovered or | 18606 |
| seized in a proceeding. | 18607 |
| (6) The court shall preserve chattel property seized under a | 18608 |
| writ or process issued by the court pending final disposition for | 18609 |
| the benefit of all interested persons. The court may place the | 18610 |
| chattel property in storage when necessary or proper for its | 18611 |
| preservation. The custodian of chattel property so stored shall | 18612 |
| not be required to part with the possession of the property until | 18613 |
| a reasonable charge, to be fixed by the court, is paid. | 18614 |
| (7) The county court, as it determines, may refund all | 18615 |
| deposits and advance payments of fees and costs, including those | 18616 |
| for jurors and summoning jurors, when they have been paid by the | 18617 |
| losing party. | 18618 |
| (8) The court may tax as part of costs charges for the | 18619 |
| publication of legal notices required by statute or order of | 18620 |
| court, as provided by section 7.13 of the Revised Code. | 18621 |
| (B)(1) The county court may determine that, for the efficient | 18622 |
| operation of the court, additional funds are necessary to acquire | 18623 |
| and pay for special projects of the court including, but not | 18624 |
| limited to, the acquisition of additional facilities or the | 18625 |
| rehabilitation of existing facilities, the acquisition of | 18626 |
| equipment, the hiring and training of staff, community service | 18627 |
| programs, mediation or dispute resolution services, the employment | 18628 |
| of magistrates, the training and education of judges, acting | 18629 |
| judges, and magistrates, and other related services. Upon that | 18630 |
| determination, the court by rule may charge a fee, in addition to | 18631 |
| all other court costs, on the filing of each criminal cause, civil | 18632 |
| action or proceeding, or judgment by confession. | 18633 |
| If the county court offers a special program or service in | 18634 |
| cases of a specific type, the county court by rule may assess an | 18635 |
| additional charge in a case of that type, over and above court | 18636 |
| costs, to cover the special program or service. The county court | 18637 |
| shall adjust the special assessment periodically, but not | 18638 |
| retroactively, so that the amount assessed in those cases does not | 18639 |
| exceed the actual cost of providing the service or program. | 18640 |
| All moneys collected under division (B) of this section shall | 18641 |
| be paid to the county treasurer for deposit into either a general | 18642 |
| special projects fund or a fund established for a specific special | 18643 |
| project. Moneys from a fund of that nature shall be disbursed upon | 18644 |
| an order of the court in an amount no greater than the actual cost | 18645 |
| to the court of a project. If a specific fund is terminated | 18646 |
| because of the discontinuance of a program or service established | 18647 |
| under division (B) of this section, the county court may order | 18648 |
| that moneys remaining in the fund be transferred to an account | 18649 |
| established under this division for a similar purpose. | 18650 |
| (2) As used in division (B) of this section: | 18651 |
| (a) "Criminal cause" means a charge alleging the violation of | 18652 |
| a statute or ordinance, or subsection of a statute or ordinance, | 18653 |
| that requires a separate finding of fact or a separate plea before | 18654 |
| disposition and of which the defendant may be found guilty, | 18655 |
| whether filed as part of a multiple charge on a single summons, | 18656 |
| citation, or complaint or as a separate charge on a single | 18657 |
| summons, citation, or complaint. "Criminal cause" does not include | 18658 |
| separate violations of the same statute or ordinance, or | 18659 |
| subsection of the same statute or ordinance, unless each charge is | 18660 |
| filed on a separate summons, citation, or complaint. | 18661 |
| (b) "Civil action or proceeding" means any civil litigation | 18662 |
| that must be determined by judgment entry. | 18663 |
| (C) Subject to division (E) of this section, the county court | 18664 |
| shall collect in all its divisions except the small claims | 18665 |
|
division the sum of | 18666 |
| filing fees in each new civil action or proceeding for the | 18667 |
| charitable public purpose of providing financial assistance to | 18668 |
| legal aid societies that operate within the state and to support | 18669 |
| the office of the state public defender. Subject to division (E) | 18670 |
| of this section, the county court shall collect in its small | 18671 |
|
claims
division the sum of | 18672 |
| filing fees in each new civil action or proceeding for the | 18673 |
| charitable public purpose of providing financial assistance to | 18674 |
| legal aid societies that operate within the state and to support | 18675 |
| the office of the state public defender. This division does not | 18676 |
| apply to any execution on a judgment, proceeding in aid of | 18677 |
| execution, or other post-judgment proceeding arising out of a | 18678 |
| civil action. The filing fees required to be collected under this | 18679 |
| division shall be in addition to any other court costs imposed in | 18680 |
| the action or proceeding and shall be collected at the time of the | 18681 |
| filing of the action or proceeding. The court shall not waive the | 18682 |
| payment of the additional filing fees in a new civil action or | 18683 |
| proceeding unless the court waives the advanced payment of all | 18684 |
| filing fees in the action or proceeding. All such moneys collected | 18685 |
| during a month shall be transmitted on or before the twentieth day | 18686 |
| of the following month by the clerk of the court to the treasurer | 18687 |
| of state in a manner prescribed by the treasurer of state or by | 18688 |
| the Ohio legal assistance foundation. The
| 18689 |
| 18690 | |
| the funds collected under this division to the credit of the civil | 18691 |
| case filing fee fund established under section 120.07 of the | 18692 |
| Revised Code and ninety-six per cent of the funds collected under | 18693 |
| this division to the credit of the legal aid fund established | 18694 |
| under section 120.52 of the Revised Code. | 18695 |
| The court may retain up to one per cent of the moneys it | 18696 |
| collects under this division to cover administrative costs, | 18697 |
| including the hiring of any additional personnel necessary to | 18698 |
| implement this division. | 18699 |
| (D) The county court shall establish by rule a schedule of | 18700 |
| fees for miscellaneous services performed by the county court or | 18701 |
| any of its judges in accordance with law. If judges of the court | 18702 |
| of common pleas perform similar services, the fees prescribed in | 18703 |
| the schedule shall not exceed the fees for those services | 18704 |
| prescribed by the court of common pleas. | 18705 |
| (E) Under the circumstances described in sections 2969.21 to | 18706 |
| 2969.27 of the Revised Code, the clerk of the county court shall | 18707 |
| charge the fees and perform the other duties specified in those | 18708 |
| sections. | 18709 |
| Sec. 2113.041. (A) The administrator of the estate recovery | 18710 |
| program established pursuant to section 5111.11 of the Revised | 18711 |
| Code may present an affidavit to a financial institution | 18712 |
| requesting that the financial institution release account proceeds | 18713 |
| to recover the cost of services correctly provided to a medicaid | 18714 |
| recipient who is subject to the estate recovery program. The | 18715 |
| affidavit shall include all of the following information: | 18716 |
| (1) The name of the decedent; | 18717 |
| (2) The name of any person who gave notice that the decedent | 18718 |
| was a medicaid recipient and that person's relationship to the | 18719 |
| decedent; | 18720 |
| (3) The name of the financial institution; | 18721 |
| (4) The account number; | 18722 |
| (5) A description of the claim for estate recovery; | 18723 |
| (6) The amount of funds to be recovered. | 18724 |
| (B) A financial institution may release account proceeds to | 18725 |
| the administrator of the estate recovery program if all of the | 18726 |
| following apply: | 18727 |
| (1) The decedent held an account at the financial institution | 18728 |
| that was in the decedent's name only. | 18729 |
| (2) No estate has been, and it is reasonable to assume that | 18730 |
| no estate will be, opened for the decedent. | 18731 |
| (3) The decedent has no outstanding debts known to the | 18732 |
| administrator of the estate recovery program. | 18733 |
| (4) The financial institution has received no objections or | 18734 |
| has determined that no valid objections to release of proceeds | 18735 |
| have been received. | 18736 |
| (C) If proceeds have been released pursuant to division (B) | 18737 |
| of this section and the department of job and family services | 18738 |
| receives notice of a valid claim to the proceeds that has a higher | 18739 |
| priority under section 2117.25 of the Revised Code than the claim | 18740 |
| of the estate recovery program, the department may refund the | 18741 |
| proceeds to the financial institution or pay them to the person or | 18742 |
| government entity with the claim. | 18743 |
| Sec. 2117.061. (A) As used in this section | 18744 |
| (1) "Medicaid estate recovery program" means the program | 18745 |
| instituted under section 5111.11 of the Revised Code. | 18746 |
| (2) "Permanently institutionalized individual" has the same | 18747 |
| meaning as in section 5111.11 of the Revised Code. | 18748 |
| (3) "Person responsible for the estate" means the executor, | 18749 |
| administrator, commissioner, or person who filed pursuant to | 18750 |
| section 2113.03 of the Revised Code for release from | 18751 |
| administration of an estate. | 18752 |
|
(B) If | 18753 |
| years of age or older | 18754 |
| institutionalized individual, the person responsible for | 18755 |
| decedent's estate shall determine whether the decedent was, at any | 18756 |
| time during the decedent's life, a medicaid recipient | 18757 |
| 18758 | |
| decedent was a medicaid recipient, the person responsible for the | 18759 |
| estate shall | 18760 |
| completed medicaid estate recovery reporting form prescribed under | 18761 |
| division (D) of this section to the administrator of the medicaid | 18762 |
| estate recovery program | 18763 |
| 18764 | |
| any of the following: | 18765 |
| (1) The granting of letters testamentary; | 18766 |
| (2) The administration of the estate; | 18767 |
| (3) The filing of an application for release from | 18768 |
| administration or summary release from administration. | 18769 |
|
(C) The person responsible for | 18770 |
| appropriate box on the appropriate probate form to indicate | 18771 |
| compliance with the requirements of division (B) of this section. | 18772 |
| The probate court shall send a copy of the completed probate | 18773 |
| form to the administrator of the medicaid estate recovery program. | 18774 |
| (D) The administrator of the estate recovery program shall | 18775 |
| prescribe a medicaid estate recovery reporting form for the | 18776 |
| purpose of division (B) of this section. The form shall require, | 18777 |
| at a minimum, that the person responsible for the estate list all | 18778 |
| of the decedent's real and personal property and other assets that | 18779 |
| are part of the decedent's estate as defined in section 5111.11 of | 18780 |
| the Revised Code. The administrator shall include on the form a | 18781 |
| statement printed in bold letters informing the person responsible | 18782 |
| for the estate that knowingly making a false statement on the form | 18783 |
| is falsification under section 2921.13 of the Revised Code, a | 18784 |
| misdemeanor of the first degree. | 18785 |
| (E) The estate recovery program administrator shall present a | 18786 |
| claim for estate recovery to the person responsible for the estate | 18787 |
| or the person's legal representative not later than ninety days | 18788 |
| after the date on which | 18789 |
| reporting form is received under division (B) of this section or | 18790 |
| one year after the decedent's death, whichever is later. | 18791 |
| Sec. 2151.282. (A) There is hereby created the Ohio court | 18792 |
| appointed special advocate/guardian ad litem (CASA/GAL) study | 18793 |
| committee consisting of five members. One member shall be a | 18794 |
| representative of the Ohio court appointed special | 18795 |
| advocate/guardian ad litem association appointed by the governor | 18796 |
| and shall be the chairperson of the committee. One member shall be | 18797 |
| a member of the Ohio juvenile judges association, appointed by the | 18798 |
| president of the senate. One member shall be a member of the Ohio | 18799 |
| state bar association appointed by the speaker of the house of | 18800 |
| representatives. One member shall be a representative of the | 18801 |
| office of the state public defender appointed by the minority | 18802 |
| leader of the senate. One member shall be a representative of the | 18803 |
| Ohio county commissioner's association appointed by the minority | 18804 |
| leader of the house of representatives. The members of the | 18805 |
| committee shall be appointed within sixty days after the effective | 18806 |
| date of this section. The committee shall do all of the following: | 18807 |
| (1) Compile available public data associated with state and | 18808 |
| local costs of advocating on behalf of children who have been | 18809 |
| found to be abused, neglected, or dependent children; | 18810 |
| (2) Examine the costs in counties that have established and | 18811 |
| operated an Ohio CASA/GAL association program, and the costs in | 18812 |
| counties that utilize the county public defender, joint county | 18813 |
| public defender, or court-appointed counsel, to advocate on behalf | 18814 |
| of children who have been found to be abused, neglected, or | 18815 |
| dependent children; | 18816 |
| (3) Analyze the total cost of advocating on behalf of | 18817 |
| children who have been found to be abused, neglected, or dependent | 18818 |
| children on a per county basis and a per child served basis; | 18819 |
| (4) Analyze the cost benefit of having an Ohio CASA/GAL | 18820 |
| association versus utilizing the county public defender, joint | 18821 |
| county public defender, or court-appointed counsel to advocate on | 18822 |
| behalf of children who have been found to be abused, neglected, or | 18823 |
| dependent children; | 18824 |
| (5) Analyze the advocacy services provided to abused | 18825 |
| children, neglected children, or dependent children by Ohio | 18826 |
| CASA/GAL association programs versus the advocacy services | 18827 |
| provided to abused, neglected, or dependent children by county | 18828 |
| public defenders, joint county public defenders, or | 18829 |
| court-appointed counsel. | 18830 |
| (B) The Ohio CASA/GAL association shall provide staff for the | 18831 |
| Ohio CASA/GAL study committee and shall pay for any expenses | 18832 |
| incurred by the study committee. The study committee shall meet | 18833 |
| within thirty days after the appointment of the members to the | 18834 |
| study committee. | 18835 |
| (C) The Ohio CASA/GAL study committee shall prepare a report | 18836 |
| containing all relevant data and information that division (A) of | 18837 |
| this section requires the study committee to compile, examine, and | 18838 |
| analyze. The Ohio CASA/GAL study committee shall deliver a final | 18839 |
| copy of the report to the governor, the speaker of the house of | 18840 |
| representatives, and the president of the senate on or before July | 18841 |
| 1, 2007. | 18842 |
| Sec. 2151.352. A
child, | 18843 |
| custodian,
or
any other
person in loco parentis of | 18844 |
| is entitled to representation by legal counsel at all stages of | 18845 |
| the proceedings under this chapter or Chapter 2152. of the Revised | 18846 |
| Code | 18847 |
| unable to employ counsel, the party is entitled to have counsel | 18848 |
| provided for the person pursuant to Chapter 120. of the Revised | 18849 |
| Code except in civil matters in which the juvenile court is | 18850 |
| exercising jurisdiction pursuant to division (A)(2), (3), (9), | 18851 |
| (10), (11), (12), or (13); (B)(2), (3), (4), (5), or (6); (C); | 18852 |
| (D); or (F)(1) or (2) of section 2151.23 of the Revised Code. If a | 18853 |
| party appears without counsel, the court shall ascertain whether | 18854 |
| the party knows of the party's right to counsel and of the party's | 18855 |
| right to be provided with counsel if the party is an indigent | 18856 |
| person. The court may continue the case to enable a party to | 18857 |
|
obtain counsel | 18858 |
|
or the joint county public defender | 18859 |
| appointed counsel upon request pursuant to Chapter 120. of the | 18860 |
| Revised Code. Counsel must be provided for a child not represented | 18861 |
| by the child's parent, guardian, or custodian. If the interests of | 18862 |
| two or more such parties conflict, separate counsel shall be | 18863 |
| provided for each of them. | 18864 |
| Section 2935.14 of the Revised Code applies to any child | 18865 |
| taken into custody. The parents, custodian, or guardian of such | 18866 |
| child, and any attorney at law representing them or the child, | 18867 |
| shall be entitled to visit such child at any reasonable time, be | 18868 |
| present at any hearing involving the child, and be given | 18869 |
| reasonable notice of such hearing. | 18870 |
| Any report or part thereof concerning such child, which is | 18871 |
| used in the hearing and is pertinent thereto, shall for good cause | 18872 |
| shown be made available to any attorney at law representing such | 18873 |
| child and to any attorney at law representing the parents, | 18874 |
| custodian, or guardian of such child, upon written request prior | 18875 |
| to any hearing involving such child. | 18876 |
| Sec. 2151.416. (A) Each agency that is required by section | 18877 |
| 2151.412 of the Revised Code to prepare a case plan for a child | 18878 |
| shall complete a semiannual administrative review of the case plan | 18879 |
| no later than six months after the earlier of the date on which | 18880 |
| the complaint in the case was filed or the child was first placed | 18881 |
| in shelter care. After the first administrative review, the agency | 18882 |
| shall complete semiannual administrative reviews no later than | 18883 |
| every six months. If the court issues an order pursuant to section | 18884 |
| 2151.414 or 2151.415 of the Revised Code, the agency shall | 18885 |
| complete an administrative review no later than six months after | 18886 |
| the court's order and continue to complete administrative reviews | 18887 |
| no later than every six months after the first review, except that | 18888 |
| the court hearing held pursuant to section 2151.417 of the Revised | 18889 |
| Code may take the place of any administrative review that would | 18890 |
| otherwise be held at the time of the court hearing. When | 18891 |
| conducting a review, the child's health and safety shall be the | 18892 |
| paramount concern. | 18893 |
| (B) Each administrative review required by division (A) of | 18894 |
| this section shall be conducted by a review panel of at least | 18895 |
| three persons, including, but not limited to, both of the | 18896 |
| following: | 18897 |
| (1) A caseworker with day-to-day responsibility for, or | 18898 |
| familiarity with, the management of the child's case plan; | 18899 |
| (2) A person who is not responsible for the management of the | 18900 |
| child's case plan or for the delivery of services to the child or | 18901 |
| the parents, guardian, or custodian of the child. | 18902 |
| (C) Each semiannual administrative review shall include, but | 18903 |
| not be limited to, a joint meeting by the review panel with the | 18904 |
| parents, guardian, or custodian of the child, the guardian ad | 18905 |
| litem of the child, and the child's foster care provider and shall | 18906 |
| include an opportunity for those persons to submit any written | 18907 |
| materials to be included in the case record of the child. If a | 18908 |
| parent, guardian, custodian, guardian ad litem, or foster care | 18909 |
| provider of the child cannot be located after reasonable efforts | 18910 |
| to do so or declines to participate in the administrative review | 18911 |
| after being contacted, the agency does not have to include them in | 18912 |
| the joint meeting. | 18913 |
| (D) The agency shall prepare a written summary of the | 18914 |
| semiannual administrative review that shall include, but not be | 18915 |
| limited to, all of the following: | 18916 |
| (1) A conclusion regarding the safety and appropriateness of | 18917 |
| the child's foster care placement; | 18918 |
| (2) The extent of the compliance with the case plan of all | 18919 |
| parties; | 18920 |
| (3) The extent of progress that has been made toward | 18921 |
| alleviating the circumstances that required the agency to assume | 18922 |
| temporary custody of the child; | 18923 |
| (4) An estimated date by which the child may be returned to | 18924 |
| and safely maintained in the child's home or placed for adoption | 18925 |
| or legal custody; | 18926 |
| (5) An updated case plan that includes any changes that the | 18927 |
| agency is proposing in the case plan; | 18928 |
| (6) The recommendation of the agency as to which agency or | 18929 |
| person should be given custodial rights over the child for the | 18930 |
| six-month period after the administrative review; | 18931 |
| (7) The names of all persons who participated in the | 18932 |
| administrative review. | 18933 |
| (E) The agency shall file the summary with the court no later | 18934 |
| than seven days after the completion of the administrative review. | 18935 |
| If the agency proposes a change to the case plan as a result of | 18936 |
| the administrative review, the agency shall file the proposed | 18937 |
| change with the court at the time it files the summary. The agency | 18938 |
| shall give notice of the summary and proposed change in writing | 18939 |
| before the end of the next day after filing them to all parties | 18940 |
| and the child's guardian ad litem. All parties and the guardian ad | 18941 |
| litem shall have seven days after the date the notice is sent to | 18942 |
| object to and request a hearing on the proposed change. | 18943 |
| (1) If the court receives a timely request for a hearing, the | 18944 |
| court shall schedule a hearing pursuant to section 2151.417 of the | 18945 |
| Revised Code to be held not later than thirty days after the court | 18946 |
| receives the request. The court shall give notice of the date, | 18947 |
| time, and location of the hearing to all parties and the guardian | 18948 |
| ad litem. The agency may implement the proposed change after the | 18949 |
| hearing, if the court approves it. The agency shall not implement | 18950 |
| the proposed change unless it is approved by the court. | 18951 |
| (2) If the court does not receive a timely request for a | 18952 |
| hearing, the court may approve the proposed change without a | 18953 |
| hearing. If the court approves the proposed change without a | 18954 |
| hearing, it shall journalize the case plan with the change not | 18955 |
| later than fourteen days after the change is filed with the court. | 18956 |
| If the court does not approve the proposed change to the case | 18957 |
| plan, it shall schedule a review hearing to be held pursuant to | 18958 |
| section 2151.417 of the Revised Code no later than thirty days | 18959 |
| after the expiration of the fourteen-day time period and give | 18960 |
| notice of the date, time, and location of the hearing to all | 18961 |
| parties and the guardian ad litem of the child. If, despite the | 18962 |
| requirements of this division and division (D) of section 2151.417 | 18963 |
| of the Revised Code, the court neither approves and journalizes | 18964 |
| the proposed change nor conducts a hearing, the agency may | 18965 |
| implement the proposed change not earlier than fifteen days after | 18966 |
| it is submitted to the court. | 18967 |
| (F) The director of job and family services may adopt rules | 18968 |
| pursuant to Chapter 119. of the Revised Code for procedures and | 18969 |
| standard forms for conducting administrative reviews pursuant to | 18970 |
| this section. | 18971 |
| (G) The juvenile court that receives the written summary of | 18972 |
| the administrative review, upon determining, either from the | 18973 |
| written summary, case plan, or otherwise, that the custody or care | 18974 |
| arrangement is not in the best interest of the child, may | 18975 |
| terminate the custody of an agency and place the child in the | 18976 |
| custody of another institution or association certified by the | 18977 |
| department of job and family services under section 5103.03 of the | 18978 |
| Revised Code. | 18979 |
| (H) The department of job and family services shall report | 18980 |
| annually to the public and to the general assembly on the results | 18981 |
|
of the
review of case plans of each agency | 18982 |
| 18983 | |
| 18984 | |
| that is required by the department, including, but not limited to, | 18985 |
| all of the following: | 18986 |
| (1) A statistical analysis of the administrative reviews | 18987 |
| conducted pursuant to this section and section 2151.417 of the | 18988 |
| Revised Code; | 18989 |
| (2) The number of children in temporary or permanent custody | 18990 |
| for whom an administrative review was conducted, the number of | 18991 |
| children whose custody status changed during the period, the | 18992 |
| number of children whose residential placement changed during the | 18993 |
| period, and the number of residential placement changes for each | 18994 |
| child during the period; | 18995 |
| (3) An analysis of the utilization of public social services | 18996 |
| by agencies and parents or guardians, and the utilization of the | 18997 |
| adoption listing service of the department pursuant to section | 18998 |
|
5103.154 of the Revised Code | 18999 |
| | 19000 |
| 19001 |
| Sec. 2152.43. (A) A board of county commissioners that | 19002 |
| provides a detention facility and the board of trustees of a | 19003 |
| district detention facility may apply to the department of youth | 19004 |
| services under section 5139.281 of the Revised Code for assistance | 19005 |
| in defraying the cost of operating and maintaining the facility. | 19006 |
| The application shall be made on forms prescribed and furnished by | 19007 |
| the department. | 19008 |
| The board of county commissioners of each county that | 19009 |
| participates in a district detention facility may apply to the | 19010 |
| department of youth services for assistance in defraying the | 19011 |
| county's share of the cost of acquisition or construction of the | 19012 |
| facility, as provided in section 5139.271 of the Revised Code. | 19013 |
| Application shall be made in accordance with rules adopted by the | 19014 |
| department. No county shall be reimbursed for expenses incurred in | 19015 |
| the acquisition or construction of a district detention facility | 19016 |
| that serves a district having a population of less than one | 19017 |
| hundred thousand. | 19018 |
| (B)(1) The joint boards of county commissioners of district | 19019 |
| detention facilities shall defray all necessary expenses of the | 19020 |
| facility not paid from funds made available under section 5139.281 | 19021 |
| of the Revised Code, through annual assessments of taxes, through | 19022 |
| gifts, or through other means. | 19023 |
| If any county withdraws from a district under division (D) of | 19024 |
| section 2152.41 of the Revised Code, it shall continue to have | 19025 |
| levied against its tax duplicate any tax levied by the district | 19026 |
| during the period in which the county was a member of the district | 19027 |
| for current operating expenses, permanent improvements, or the | 19028 |
| retirement of bonded indebtedness. The levy shall continue to be a | 19029 |
| levy against the tax duplicate of the county until the time that | 19030 |
| it expires or is renewed. | 19031 |
| (2) The current expenses of maintaining the facility not paid | 19032 |
| from funds made available under section 5139.281 of the Revised | 19033 |
| Code or division (C) of this section, and the cost of ordinary | 19034 |
| repairs to the facility, shall be paid by each county in | 19035 |
| accordance with one of the following methods as approved by the | 19036 |
| joint board of county commissioners: | 19037 |
| (a) In proportion to the number of children from that county | 19038 |
| who are maintained in the facility during the year; | 19039 |
| (b) By a levy submitted by the joint board of county | 19040 |
| commissioners under division (A) of section 5705.19 of the Revised | 19041 |
| Code and approved by the electors of the district; | 19042 |
| (c) In proportion to the taxable property of each county, as | 19043 |
| shown by its tax duplicate; | 19044 |
| (d) In any | 19045 |
| 19046 | |
| agreed upon by unanimous vote of the joint board of county | 19047 |
| commissioners. | 19048 |
| (C) When any person donates or bequeaths any real or personal | 19049 |
| property to a county or district detention facility, the juvenile | 19050 |
| court or the trustees of the facility may accept and use the gift, | 19051 |
| consistent with the best interest of the institution and the | 19052 |
| conditions of the gift. | 19053 |
| Sec. 2152.74. (A) As used in this section, "DNA analysis" | 19054 |
| and "DNA specimen" have the same meanings as in section 109.573 of | 19055 |
| the Revised Code. | 19056 |
| (B)(1) A child who is adjudicated a delinquent child for | 19057 |
| committing an act listed in division (D) of this section and who | 19058 |
| is committed to the custody of the department of youth services, | 19059 |
| placed in a detention facility or district detention facility | 19060 |
| pursuant to division (A)(3) of section 2152.19 of the Revised | 19061 |
| Code, or placed in a school, camp, institution, or other facility | 19062 |
| for delinquent children described in division (A)(2) of section | 19063 |
| 2152.19 of the Revised Code shall submit to a DNA specimen | 19064 |
| collection procedure administered by the director of youth | 19065 |
| services if committed to the department or by the chief | 19066 |
| administrative officer of the detention facility, district | 19067 |
| detention facility, school, camp, institution, or other facility | 19068 |
| for delinquent children to which the child was committed or in | 19069 |
| which the child was placed. If the court commits the child to the | 19070 |
| department of youth services, the director of youth services shall | 19071 |
| cause the DNA specimen to be collected from the child during the | 19072 |
| intake process at an institution operated by or under the control | 19073 |
| of the department. If the court commits the child to or places the | 19074 |
| child in a detention facility, district detention facility, | 19075 |
| school, camp, institution, or other facility for delinquent | 19076 |
| children, the chief administrative officer of the detention | 19077 |
| facility, district detention facility, school, camp, institution, | 19078 |
| or facility to which the child is committed or in which the child | 19079 |
| is placed shall cause the DNA specimen to be collected from the | 19080 |
| child during the intake process for the detention facility, | 19081 |
| district detention facility, school, camp, institution, or | 19082 |
| facility. In accordance with division (C) of this section, the | 19083 |
| director or the chief administrative officer shall cause the DNA | 19084 |
| specimen to be forwarded to the bureau of criminal identification | 19085 |
| and investigation no later than fifteen days after the date of the | 19086 |
| collection of the DNA specimen. The DNA specimen shall be | 19087 |
| collected from the child in accordance with division (C) of this | 19088 |
| section. | 19089 |
| (2) If a child is adjudicated a delinquent child for | 19090 |
| committing an act listed in division (D) of this section, is | 19091 |
| committed to or placed in the department of youth services, a | 19092 |
| detention facility or district detention facility, or a school, | 19093 |
| camp, institution, or other facility for delinquent children, and | 19094 |
| does not submit to a DNA specimen collection procedure pursuant to | 19095 |
| division (B)(1) of this section, prior to the child's release from | 19096 |
| the custody of the department of youth services, from the custody | 19097 |
| of the detention facility or district detention facility, or from | 19098 |
| the custody of the school, camp, institution, or facility, the | 19099 |
| child shall submit to, and the director of youth services or the | 19100 |
| chief administrator of the detention facility, district detention | 19101 |
| facility, school, camp, institution, or facility to which the | 19102 |
| child is committed or in which the child was placed shall | 19103 |
| administer, a DNA specimen collection procedure at the institution | 19104 |
| operated by or under the control of the department of youth | 19105 |
| services or at the detention facility, district detention | 19106 |
| facility, school, camp, institution, or facility to which the | 19107 |
| child is committed or in which the child was placed. In accordance | 19108 |
| with division (C) of this section, the director or the chief | 19109 |
| administrative officer shall cause the DNA specimen to be | 19110 |
| forwarded to the bureau of criminal identification and | 19111 |
| investigation no later than fifteen days after the date of the | 19112 |
| collection of the DNA specimen. The DNA specimen shall be | 19113 |
| collected in accordance with division (C) of this section. | 19114 |
| (C) If the DNA specimen is collected by withdrawing blood | 19115 |
| from the child or a similarly invasive procedure, a physician, | 19116 |
| registered nurse, licensed practical nurse, duly licensed clinical | 19117 |
| laboratory technician, or other qualified medical practitioner | 19118 |
| shall collect in a medically approved manner the DNA specimen | 19119 |
| required to be collected pursuant to division (B) of this section. | 19120 |
| If the DNA specimen is collected by swabbing for buccal cells or a | 19121 |
| similarly noninvasive procedure, this section does not require | 19122 |
| that the DNA specimen be collected by a qualified medical | 19123 |
| practitioner of that nature. No later than fifteen days after the | 19124 |
| date of the collection of the DNA specimen, the director of youth | 19125 |
| services or the chief administrative officer of the detention | 19126 |
| facility, district detention facility, school, camp, institution, | 19127 |
| or other facility for delinquent children to which the child is | 19128 |
| committed or in which the child was placed shall cause the DNA | 19129 |
| specimen to be forwarded to the bureau of criminal identification | 19130 |
| and investigation in accordance with procedures established by the | 19131 |
| superintendent of the bureau under division (H) of section 109.573 | 19132 |
| of the Revised Code. The bureau shall provide the specimen vials, | 19133 |
| mailing tubes, labels, postage, and instruction needed for the | 19134 |
| collection and forwarding of the DNA specimen to the bureau. | 19135 |
| (D) The director of youth services and the chief | 19136 |
| administrative officer of a detention facility, district detention | 19137 |
| facility, school, camp, institution, or other facility for | 19138 |
| delinquent children shall cause a DNA specimen to be collected in | 19139 |
| accordance with divisions (B) and (C) of this section from each | 19140 |
| child in its custody who is adjudicated a delinquent child for | 19141 |
| committing any of the following acts: | 19142 |
| (1) A violation of section 2903.01, 2903.02, 2903.11, | 19143 |
| 2905.01, 2907.02, 2907.03, 2907.05, 2911.01, 2911.02, 2911.11, or | 19144 |
| 2911.12 of the Revised Code; | 19145 |
| (2) A violation of section 2907.12 of the Revised Code as it | 19146 |
| existed prior to September 3, 1996; | 19147 |
| (3) An attempt to commit a violation of section 2903.01, | 19148 |
| 2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or to | 19149 |
| commit a violation of section 2907.12 of the Revised Code as it | 19150 |
| existed prior to September 3, 1996; | 19151 |
| (4) A violation of any law that arose out of the same facts | 19152 |
| and circumstances and same act as did a charge against the child | 19153 |
| of a violation of section 2903.01, 2903.02, 2905.01, 2907.02, | 19154 |
| 2907.03, 2907.05, or 2911.11 of the Revised Code that previously | 19155 |
| was dismissed or amended or as did a charge against the child of a | 19156 |
| violation of section 2907.12 of the Revised Code as it existed | 19157 |
| prior to September 3, 1996, that previously was dismissed or | 19158 |
| amended; | 19159 |
| (5) A violation of section 2905.02 or 2919.23 of the Revised | 19160 |
| Code that would have been a violation of section 2905.04 of the | 19161 |
| Revised Code as it existed prior to July 1, 1996, had the | 19162 |
| violation been committed prior to that date; | 19163 |
| (6) A felony violation of any law that arose out of the same | 19164 |
| facts and circumstances and same act as did a charge against the | 19165 |
| child of a violation of section 2903.11, 2911.01, 2911.02, or | 19166 |
| 2911.12 of the Revised Code that previously was dismissed or | 19167 |
| amended; | 19168 |
| (7) A violation of section 2923.01 of the Revised Code | 19169 |
| involving a conspiracy to commit a violation of section 2903.01, | 19170 |
| 2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the | 19171 |
| Revised Code; | 19172 |
| (8) A violation of section 2923.03 of the Revised Code | 19173 |
| involving complicity in committing a violation of section 2903.01, | 19174 |
| 2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 19175 |
| 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 19176 |
| violation of section 2907.12 of the Revised Code as it existed | 19177 |
| prior to September 3, 1996. | 19178 |
| (E) The director of youth services and the chief | 19179 |
| administrative officer of a detention facility, district detention | 19180 |
| facility, school, camp, institution, or other facility for | 19181 |
| delinquent children is not required to comply with this section in | 19182 |
| relation to the following acts until the superintendent of the | 19183 |
| bureau of criminal identification and investigation gives agencies | 19184 |
|
in the
juvenile
justice system, as
defined in section | 19185 |
| 5502.61 of the Revised Code, in the state official notification | 19186 |
| that the state DNA laboratory is prepared to accept DNA specimens | 19187 |
| of that nature: | 19188 |
| (1) A violation of section 2903.11, 2911.01, 2911.02, or | 19189 |
| 2911.12 of the Revised Code; | 19190 |
| (2) An attempt to commit a violation of section 2903.01 or | 19191 |
| 2903.02 of the Revised Code; | 19192 |
| (3) A felony violation of any law that arose out of the same | 19193 |
| facts and circumstances and same act as did a charge against the | 19194 |
| child of a violation of section 2903.11, 2911.01, 2911.02, or | 19195 |
| 2911.12 of the Revised Code that previously was dismissed or | 19196 |
| amended; | 19197 |
| (4) A violation of section 2923.01 of the Revised Code | 19198 |
| involving a conspiracy to commit a violation of section 2903.01, | 19199 |
| 2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the | 19200 |
| Revised Code; | 19201 |
| (5) A violation of section 2923.03 of the Revised Code | 19202 |
| involving complicity in committing a violation of section 2903.01, | 19203 |
| 2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 19204 |
| 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 19205 |
| violation of section 2907.12 of the Revised Code as it existed | 19206 |
| prior to September 3, 1996. | 19207 |
| Sec. 2303.201. (A)(1) The court of common pleas of any | 19208 |
| county may determine that for the efficient operation of the court | 19209 |
| additional funds are required to computerize the court, to make | 19210 |
| available computerized legal research services, or to do both. | 19211 |
| Upon making a determination that additional funds are required for | 19212 |
| either or both of those purposes, the court shall authorize and | 19213 |
| direct the clerk of the court of common pleas to charge one | 19214 |
| additional fee, not to exceed three dollars, on the filing of each | 19215 |
| cause of action or appeal under divisions (A), (Q), and (U) of | 19216 |
| section 2303.20 of the Revised Code. | 19217 |
| (2) All fees collected under division (A)(1) of this section | 19218 |
| shall be paid to the county treasurer. The treasurer shall place | 19219 |
| the funds from the fees in a separate fund to be disbursed, upon | 19220 |
| an order of the court, in an amount not greater than the actual | 19221 |
| cost to the court of procuring and maintaining computerization of | 19222 |
| the court, computerized legal research services, or both. | 19223 |
| (3) If the court determines that the funds in the fund | 19224 |
| described in division (A)(2) of this section are more than | 19225 |
| sufficient to satisfy the purpose for which the additional fee | 19226 |
| described in division (A)(1) of this section was imposed, the | 19227 |
| court may declare a surplus in the fund and expend those surplus | 19228 |
| funds for other appropriate technological expenses of the court. | 19229 |
| (B)(1) The court of common pleas of any county may determine | 19230 |
| that, for the efficient operation of the court, additional funds | 19231 |
| are required to computerize the office of the clerk of the court | 19232 |
| of common pleas and, upon that determination, authorize and direct | 19233 |
| the clerk of the court of common pleas to charge an additional | 19234 |
| fee, not to exceed ten dollars, on the filing of each cause of | 19235 |
| action or appeal, on the filing, docketing, and endorsing of each | 19236 |
| certificate of judgment, or on the docketing and indexing of each | 19237 |
| aid in execution or petition to vacate, revive, or modify a | 19238 |
| judgment under divisions (A), (P), (Q), (T), and (U) of section | 19239 |
| 2303.20 of the Revised Code. Subject to division (B)(2) of this | 19240 |
| section, all moneys collected under division (B)(1) of this | 19241 |
| section shall be paid to the county treasurer to be disbursed, | 19242 |
| upon an order of the court of common pleas and subject to | 19243 |
| appropriation by the board of county commissioners, in an amount | 19244 |
| no greater than the actual cost to the court of procuring and | 19245 |
| maintaining computer systems for the office of the clerk of the | 19246 |
| court of common pleas. | 19247 |
| (2) If the court of common pleas of a county makes the | 19248 |
| determination described in division (B)(1) of this section, the | 19249 |
| board of county commissioners of that county may issue one or more | 19250 |
| general obligation bonds for the purpose of procuring and | 19251 |
| maintaining the computer systems for the office of the clerk of | 19252 |
| the court of common pleas. In addition to the purposes stated in | 19253 |
| division (B)(1) of this section for which the moneys collected | 19254 |
| under that division may be expended, the moneys additionally may | 19255 |
| be expended to pay debt charges on and financing costs related to | 19256 |
| any general obligation bonds issued pursuant to division (B)(2) of | 19257 |
| this section as they become due. General obligation bonds issued | 19258 |
| pursuant to division (B)(2) of this section are Chapter 133. | 19259 |
| securities. | 19260 |
| (C) The court of common pleas shall collect the sum of | 19261 |
| 19262 | |
| civil action or proceeding for the charitable public purpose of | 19263 |
| providing financial assistance to legal aid societies that operate | 19264 |
| within the state and to support the office of the state public | 19265 |
| defender. This division does not apply to proceedings concerning | 19266 |
| annulments, dissolutions of marriage, divorces, legal separation, | 19267 |
| spousal support, marital property or separate property | 19268 |
| distribution, support, or other domestic relations matters; to a | 19269 |
| juvenile division of a court of common pleas; to a probate | 19270 |
| division of a court of common pleas, except that the additional | 19271 |
|
filing fees
shall apply to name change, guardianship, | 19272 |
| adoption, and decedents' estate proceedings; or to an execution on | 19273 |
| a judgment, proceeding in aid of execution, or other post-judgment | 19274 |
| proceeding arising out of a civil action. The filing fees required | 19275 |
| to be collected under this division shall be in addition to any | 19276 |
| other filing fees imposed in the action or proceeding and shall be | 19277 |
| collected at the time of the filing of the action or proceeding. | 19278 |
| The court shall not waive the payment of the additional filing | 19279 |
| fees in a new civil action or proceeding unless the court waives | 19280 |
| the advanced payment of all filing fees in the action or | 19281 |
| proceeding. All such moneys collected during a month shall be | 19282 |
| transmitted on or before the twentieth day of the following month | 19283 |
| by the clerk of the court to the treasurer of state in a manner | 19284 |
| prescribed by the treasurer of state or by the Ohio legal | 19285 |
| assistance foundation. The
| 19286 |
| treasurer of state shall deposit four per cent of the funds | 19287 |
| collected under this division to the credit of the civil case | 19288 |
| filing fee fund established under section 120.07 of the Revised | 19289 |
| Code and ninety-six per cent of the funds collected under this | 19290 |
| division to the credit of the legal aid fund established under | 19291 |
| section 120.52 of the Revised Code. | 19292 |
| The court may retain up to one per cent of the moneys it | 19293 |
| collects under this division to cover administrative costs, | 19294 |
| including the hiring of any additional personnel necessary to | 19295 |
| implement this division. | 19296 |
| (D) On and after the thirtieth day after December 9, 1994, | 19297 |
| the court of common pleas shall collect the sum of thirty-two | 19298 |
| dollars as additional filing fees in each new action or proceeding | 19299 |
| for annulment, divorce, or dissolution of marriage for the purpose | 19300 |
| of funding shelters for victims of domestic violence pursuant to | 19301 |
| sections 3113.35 to 3113.39 of the Revised Code. The filing fees | 19302 |
| required to be collected under this division shall be in addition | 19303 |
| to any other filing fees imposed in the action or proceeding and | 19304 |
| shall be collected at the time of the filing of the action or | 19305 |
| proceeding. The court shall not waive the payment of the | 19306 |
| additional filing fees in a new action or proceeding for | 19307 |
| annulment, divorce, or dissolution of marriage unless the court | 19308 |
| waives the advanced payment of all filing fees in the action or | 19309 |
| proceeding. On or before the twentieth day of each month, all | 19310 |
| moneys collected during the immediately preceding month pursuant | 19311 |
| to this division shall be deposited by the clerk of the court into | 19312 |
| the county treasury in the special fund used for deposit of | 19313 |
| additional marriage license fees as described in section 3113.34 | 19314 |
| of the Revised Code. Upon their deposit into the fund, the moneys | 19315 |
| shall be retained in the fund and expended only as described in | 19316 |
| section 3113.34 of the Revised Code. | 19317 |
| (E)(1) The court of common pleas may determine that, for the | 19318 |
| efficient operation of the court, additional funds are necessary | 19319 |
| to acquire and pay for special projects of the court, including, | 19320 |
| but not limited to, the acquisition of additional facilities or | 19321 |
| the rehabilitation of existing facilities, the acquisition of | 19322 |
| equipment, the hiring and training of staff, community service | 19323 |
| programs, mediation or dispute resolution services, the employment | 19324 |
| of magistrates, the training and education of judges, acting | 19325 |
| judges, and magistrates, and other related services. Upon that | 19326 |
| determination, the court by rule may charge a fee, in addition to | 19327 |
| all other court costs, on the filing of each criminal cause, civil | 19328 |
| action or proceeding, or judgment by confession. | 19329 |
| If the court of common pleas offers a special program or | 19330 |
| service in cases of a specific type, the court by rule may assess | 19331 |
| an additional charge in a case of that type, over and above court | 19332 |
| costs, to cover the special program or service. The court shall | 19333 |
| adjust the special assessment periodically, but not retroactively, | 19334 |
| so that the amount assessed in those cases does not exceed the | 19335 |
| actual cost of providing the service or program. | 19336 |
| All moneys collected under division (E) of this section shall | 19337 |
| be paid to the county treasurer for deposit into either a general | 19338 |
| special projects fund or a fund established for a specific special | 19339 |
| project. Moneys from a fund of that nature shall be disbursed upon | 19340 |
| an order of the court in an amount no greater than the actual cost | 19341 |
| to the court of a project. If a specific fund is terminated | 19342 |
| because of the discontinuance of a program or service established | 19343 |
| under division (E) of this section, the court may order that | 19344 |
| moneys remaining in the fund be transferred to an account | 19345 |
| established under this division for a similar purpose. | 19346 |
| (2) As used in division (E) of this section: | 19347 |
| (a) "Criminal cause" means a charge alleging the violation of | 19348 |
| a statute or ordinance, or subsection of a statute or ordinance, | 19349 |
| that requires a separate finding of fact or a separate plea before | 19350 |
| disposition and of which the defendant may be found guilty, | 19351 |
| whether filed as part of a multiple charge on a single summons, | 19352 |
| citation, or complaint or as a separate charge on a single | 19353 |
| summons, citation, or complaint. "Criminal cause" does not include | 19354 |
| separate violations of the same statute or ordinance, or | 19355 |
| subsection of the same statute or ordinance, unless each charge is | 19356 |
| filed on a separate summons, citation, or complaint. | 19357 |
| (b) "Civil action or proceeding" means any civil litigation | 19358 |
| that must be determined by judgment entry. | 19359 |
| Sec. 2305.234. (A) As used in this section: | 19360 |
| (1) "Chiropractic claim," "medical claim," and "optometric | 19361 |
| claim" have the same meanings as in section 2305.113 of the | 19362 |
| Revised Code. | 19363 |
| (2) "Dental claim" has the same meaning as in section | 19364 |
| 2305.113 of the Revised Code, except that it does not include any | 19365 |
| claim arising out of a dental operation or any derivative claim | 19366 |
| for relief that arises out of a dental operation. | 19367 |
| (3) "Governmental health care program" has the same meaning | 19368 |
| as in section 4731.65 of the Revised Code. | 19369 |
| (4) "Health care facility or location" means a hospital, | 19370 |
| clinic, ambulatory surgical facility, office of a health care | 19371 |
| professional or associated group of health care professionals, | 19372 |
| training institution for health care professionals, or any other | 19373 |
| place where medical, dental, or other health-related diagnosis, | 19374 |
| care, or treatment is provided to a person. | 19375 |
| (5) "Health care professional" means any of the following who | 19376 |
| provide medical, dental, or other health-related diagnosis, care, | 19377 |
| or treatment: | 19378 |
| (a) Physicians authorized under Chapter 4731. of the Revised | 19379 |
| Code to practice medicine and surgery or osteopathic medicine and | 19380 |
| surgery; | 19381 |
| (b) Registered nurses and licensed practical nurses licensed | 19382 |
| under Chapter 4723. of the Revised Code and individuals who hold a | 19383 |
| certificate of authority issued under that chapter that authorizes | 19384 |
| the practice of nursing as a certified registered nurse | 19385 |
| anesthetist, clinical nurse specialist, certified nurse-midwife, | 19386 |
| or certified nurse practitioner; | 19387 |
| (c) Physician assistants authorized to practice under Chapter | 19388 |
| 4730. of the Revised Code; | 19389 |
| (d) Dentists and dental hygienists licensed under Chapter | 19390 |
| 4715. of the Revised Code; | 19391 |
| (e) Physical therapists, physical therapist assistants, | 19392 |
| occupational therapists, and occupational therapy assistants | 19393 |
| licensed under Chapter 4755. of the Revised Code; | 19394 |
| (f) Chiropractors licensed under Chapter 4734. of the Revised | 19395 |
| Code; | 19396 |
| (g) Optometrists licensed under Chapter 4725. of the Revised | 19397 |
| Code; | 19398 |
| (h) Podiatrists authorized under Chapter 4731. of the Revised | 19399 |
| Code to practice podiatry; | 19400 |
| (i) Dietitians licensed under Chapter 4759. of the Revised | 19401 |
| Code; | 19402 |
| (j) Pharmacists licensed under Chapter 4729. of the Revised | 19403 |
| Code; | 19404 |
| (k) Emergency medical technicians-basic, emergency medical | 19405 |
| technicians-intermediate, and emergency medical | 19406 |
| technicians-paramedic, certified under Chapter 4765. of the | 19407 |
| Revised Code; | 19408 |
| (l) Respiratory care professionals licensed under Chapter | 19409 |
| 4761. of the Revised Code; | 19410 |
| (m) Speech-language pathologists and audiologists licensed | 19411 |
| under Chapter 4753. of the Revised Code. | 19412 |
| (6) "Health care worker" means a person other than a health | 19413 |
| care professional who provides medical, dental, or other | 19414 |
| health-related care or treatment under the direction of a health | 19415 |
| care professional with the authority to direct that individual's | 19416 |
| activities, including medical technicians, medical assistants, | 19417 |
| dental assistants, orderlies, aides, and individuals acting in | 19418 |
| similar capacities. | 19419 |
| (7) "Indigent and uninsured person" means a person who meets | 19420 |
| all of the following requirements: | 19421 |
| (a) The person's income is not greater than two hundred per | 19422 |
| cent of the current poverty line as defined by the United States | 19423 |
| office of management and budget and revised in accordance with | 19424 |
| section 673(2) of the "Omnibus Budget Reconciliation Act of 1981," | 19425 |
| 95 Stat. 511, 42 U.S.C. 9902, as amended. | 19426 |
| (b) The person is not eligible to receive medical assistance | 19427 |
|
under Chapter
5111. | 19428 |
| 19429 | |
| governmental health care program. | 19430 |
| (c) Either of the following applies: | 19431 |
| (i) The person is not a policyholder, certificate holder, | 19432 |
| insured, contract holder, subscriber, enrollee, member, | 19433 |
| beneficiary, or other covered individual under a health insurance | 19434 |
| or health care policy, contract, or plan. | 19435 |
| (ii) The person is a policyholder, certificate holder, | 19436 |
| insured, contract holder, subscriber, enrollee, member, | 19437 |
| beneficiary, or other covered individual under a health insurance | 19438 |
| or health care policy, contract, or plan, but the insurer, policy, | 19439 |
| contract, or plan denies coverage or is the subject of insolvency | 19440 |
| or bankruptcy proceedings in any jurisdiction. | 19441 |
| (8) "Nonprofit health care referral organization" means an | 19442 |
| entity that is not operated for profit and refers patients to, or | 19443 |
| arranges for the provision of, health-related diagnosis, care, or | 19444 |
| treatment by a health care professional or health care worker. | 19445 |
| (9) "Operation" means any procedure that involves cutting or | 19446 |
| otherwise infiltrating human tissue by mechanical means, including | 19447 |
| surgery, laser surgery, ionizing radiation, therapeutic | 19448 |
| ultrasound, or the removal of intraocular foreign bodies. | 19449 |
| "Operation" does not include the administration of medication by | 19450 |
| injection, unless the injection is administered in conjunction | 19451 |
| with a procedure infiltrating human tissue by mechanical means | 19452 |
| other than the administration of medicine by injection. | 19453 |
| "Operation" does not include routine dental restorative | 19454 |
| procedures, the scaling of teeth, or extractions of teeth that are | 19455 |
| not impacted. | 19456 |
| (10) "Tort action" means a civil action for damages for | 19457 |
| injury, death, or loss to person or property other than a civil | 19458 |
| action for damages for a breach of contract or another agreement | 19459 |
| between persons or government entities. | 19460 |
| (11) "Volunteer" means an individual who provides any | 19461 |
| medical, dental, or other health-care related diagnosis, care, or | 19462 |
| treatment without the expectation of receiving and without receipt | 19463 |
| of any compensation or other form of remuneration from an indigent | 19464 |
| and uninsured person, another person on behalf of an indigent and | 19465 |
| uninsured person, any health care facility or location, any | 19466 |
| nonprofit health care referral organization, or any other person | 19467 |
| or government entity. | 19468 |
| (12) "Community control sanction" has the same meaning as in | 19469 |
| section 2929.01 of the Revised Code. | 19470 |
| (13) "Deep sedation" means a drug-induced depression of | 19471 |
| consciousness during which a patient cannot be easily aroused but | 19472 |
| responds purposefully following repeated or painful stimulation, a | 19473 |
| patient's ability to independently maintain ventilatory function | 19474 |
| may be impaired, a patient may require assistance in maintaining a | 19475 |
| patent airway and spontaneous ventilation may be inadequate, and | 19476 |
| cardiovascular function is usually maintained. | 19477 |
| (14) "General anesthesia" means a drug-induced loss of | 19478 |
| consciousness during which a patient is not arousable, even by | 19479 |
| painful stimulation, the ability to independently maintain | 19480 |
| ventilatory function is often impaired, a patient often requires | 19481 |
| assistance in maintaining a patent airway, positive pressure | 19482 |
| ventilation may be required because of depressed spontaneous | 19483 |
| ventilation or drug-induced depression of neuromuscular function, | 19484 |
| and cardiovascular function may be impaired. | 19485 |
| (B)(1) Subject to divisions (F) and (G)(3) of this section, a | 19486 |
| health care professional who is a volunteer and complies with | 19487 |
| division (B)(2) of this section is not liable in damages to any | 19488 |
| person or government entity in a tort or other civil action, | 19489 |
| including an action on a medical, dental, chiropractic, | 19490 |
| optometric, or other health-related claim, for injury, death, or | 19491 |
| loss to person or property that allegedly arises from an action or | 19492 |
| omission of the volunteer in the provision to an indigent and | 19493 |
| uninsured person of medical, dental, or other health-related | 19494 |
| diagnosis, care, or treatment, including the provision of samples | 19495 |
| of medicine and other medical products, unless the action or | 19496 |
| omission constitutes willful or wanton misconduct. | 19497 |
| (2) To qualify for the immunity described in division (B)(1) | 19498 |
| of this section, a health care professional shall do all of the | 19499 |
| following prior to providing diagnosis, care, or treatment: | 19500 |
| (a) Determine, in good faith, that the indigent and uninsured | 19501 |
| person is mentally capable of giving informed consent to the | 19502 |
| provision of the diagnosis, care, or treatment and is not subject | 19503 |
| to duress or under undue influence; | 19504 |
| (b) Inform the person of the provisions of this section, | 19505 |
| including notifying the person that, by giving informed consent to | 19506 |
| the provision of the diagnosis, care, or treatment, the person | 19507 |
| cannot hold the health care professional liable for damages in a | 19508 |
| tort or other civil action, including an action on a medical, | 19509 |
| dental, chiropractic, optometric, or other health-related claim, | 19510 |
| unless the action or omission of the health care professional | 19511 |
| constitutes willful or wanton misconduct; | 19512 |
| (c) Obtain the informed consent of the person and a written | 19513 |
| waiver, signed by the person or by another individual on behalf of | 19514 |
| and in the presence of the person, that states that the person is | 19515 |
| mentally competent to give informed consent and, without being | 19516 |
| subject to duress or under undue influence, gives informed consent | 19517 |
| to the provision of the diagnosis, care, or treatment subject to | 19518 |
| the provisions of this section. A written waiver under division | 19519 |
| (B)(2)(c) of this section shall state clearly and in conspicuous | 19520 |
| type that the person or other individual who signs the waiver is | 19521 |
| signing it with full knowledge that, by giving informed consent to | 19522 |
| the provision of the diagnosis, care, or treatment, the person | 19523 |
| cannot bring a tort or other civil action, including an action on | 19524 |
| a medical, dental, chiropractic, optometric, or other | 19525 |
| health-related claim, against the health care professional unless | 19526 |
| the action or omission of the health care professional constitutes | 19527 |
| willful or wanton misconduct. | 19528 |
| (3) A physician or podiatrist who is not covered by medical | 19529 |
| malpractice insurance, but complies with division (B)(2) of this | 19530 |
| section, is not required to comply with division (A) of section | 19531 |
| 4731.143 of the Revised Code. | 19532 |
| (C) Subject to divisions (F) and (G)(3) of this section, | 19533 |
| health care workers who are volunteers are not liable in damages | 19534 |
| to any person or government entity in a tort or other civil | 19535 |
| action, including an action upon a medical, dental, chiropractic, | 19536 |
| optometric, or other health-related claim, for injury, death, or | 19537 |
| loss to person or property that allegedly arises from an action or | 19538 |
| omission of the health care worker in the provision to an indigent | 19539 |
| and uninsured person of medical, dental, or other health-related | 19540 |
| diagnosis, care, or treatment, unless the action or omission | 19541 |
| constitutes willful or wanton misconduct. | 19542 |
| (D) Subject to divisions (F) and (G)(3) of this section, a | 19543 |
| nonprofit health care referral organization is not liable in | 19544 |
| damages to any person or government entity in a tort or other | 19545 |
| civil action, including an action on a medical, dental, | 19546 |
| chiropractic, optometric, or other health-related claim, for | 19547 |
| injury, death, or loss to person or property that allegedly arises | 19548 |
| from an action or omission of the nonprofit health care referral | 19549 |
| organization in referring indigent and uninsured persons to, or | 19550 |
| arranging for the provision of, medical, dental, or other | 19551 |
| health-related diagnosis, care, or treatment by a health care | 19552 |
| professional described in division (B)(1) of this section or a | 19553 |
| health care worker described in division (C) of this section, | 19554 |
| unless the action or omission constitutes willful or wanton | 19555 |
| misconduct. | 19556 |
| (E) Subject to divisions (F) and (G)(3) of this section and | 19557 |
| to the extent that the registration requirements of section | 19558 |
| 3701.071 of the Revised Code apply, a health care facility or | 19559 |
| location associated with a health care professional described in | 19560 |
| division (B)(1) of this section, a health care worker described in | 19561 |
| division (C) of this section, or a nonprofit health care referral | 19562 |
| organization described in division (D) of this section is not | 19563 |
| liable in damages to any person or government entity in a tort or | 19564 |
| other civil action, including an action on a medical, dental, | 19565 |
| chiropractic, optometric, or other health-related claim, for | 19566 |
| injury, death, or loss to person or property that allegedly arises | 19567 |
| from an action or omission of the health care professional or | 19568 |
| worker or nonprofit health care referral organization relative to | 19569 |
| the medical, dental, or other health-related diagnosis, care, or | 19570 |
| treatment provided to an indigent and uninsured person on behalf | 19571 |
| of or at the health care facility or location, unless the action | 19572 |
| or omission constitutes willful or wanton misconduct. | 19573 |
| (F)(1) Except as provided in division (F)(2) of this section, | 19574 |
| the immunities provided by divisions (B), (C), (D), and (E) of | 19575 |
| this section are not available to a health care professional, | 19576 |
| health care worker, nonprofit health care referral organization, | 19577 |
| or health care facility or location if, at the time of an alleged | 19578 |
| injury, death, or loss to person or property, the health care | 19579 |
| professionals or health care workers involved are providing one of | 19580 |
| the following: | 19581 |
| (a) Any medical, dental, or other health-related diagnosis, | 19582 |
| care, or treatment pursuant to a community service work order | 19583 |
| entered by a court under division (B) of section 2951.02 of the | 19584 |
| Revised Code or imposed by a court as a community control | 19585 |
| sanction; | 19586 |
| (b) Performance of an operation to which any one of the | 19587 |
| following applies: | 19588 |
| (i) The operation requires the administration of deep | 19589 |
| sedation or general anesthesia. | 19590 |
| (ii) The operation is a procedure that is not typically | 19591 |
| performed in an office. | 19592 |
| (iii) The individual involved is a health care professional, | 19593 |
| and the operation is beyond the scope of practice or the | 19594 |
| education, training, and competence, as applicable, of the health | 19595 |
| care professional. | 19596 |
| (c) Delivery of a baby or any other purposeful termination of | 19597 |
| a human pregnancy. | 19598 |
| (2) Division (F)(1) of this section does not apply when a | 19599 |
| health care professional or health care worker provides medical, | 19600 |
| dental, or other health-related diagnosis, care, or treatment that | 19601 |
| is necessary to preserve the life of a person in a medical | 19602 |
| emergency. | 19603 |
| (G)(1) This section does not create a new cause of action or | 19604 |
| substantive legal right against a health care professional, health | 19605 |
| care worker, nonprofit health care referral organization, or | 19606 |
| health care facility or location. | 19607 |
| (2) This section does not affect any immunities from civil | 19608 |
| liability or defenses established by another section of the | 19609 |
| Revised Code or available at common law to which a health care | 19610 |
| professional, health care worker, nonprofit health care referral | 19611 |
| organization, or health care facility or location may be entitled | 19612 |
| in connection with the provision of emergency or other medical, | 19613 |
| dental, or other health-related diagnosis, care, or treatment. | 19614 |
| (3) This section does not grant an immunity from tort or | 19615 |
| other civil liability to a health care professional, health care | 19616 |
| worker, nonprofit health care referral organization, or health | 19617 |
| care facility or location for actions that are outside the scope | 19618 |
| of authority of health care professionals or health care workers. | 19619 |
| (4) This section does not affect any legal responsibility of | 19620 |
| a health care professional, health care worker, or nonprofit | 19621 |
| health care referral organization to comply with any applicable | 19622 |
| law of this state or rule of an agency of this state. | 19623 |
| (5) This section does not affect any legal responsibility of | 19624 |
| a health care facility or location to comply with any applicable | 19625 |
| law of this state, rule of an agency of this state, or local code, | 19626 |
| ordinance, or regulation that pertains to or regulates building, | 19627 |
| housing, air pollution, water pollution, sanitation, health, fire, | 19628 |
| zoning, or safety. | 19629 |
| Sec. 2305.2341. (A) The medical liability insurance | 19630 |
| reimbursement program is hereby established. Free clinics, | 19631 |
| including the clinics' staff and volunteer health care | 19632 |
| professionals and volunteer health care workers, may participate | 19633 |
| in the medical liability insurance reimbursement program | 19634 |
| established by this section. The coverage provided under the | 19635 |
| program shall be limited to claims that arise out of the | 19636 |
| diagnosis, treatment, and care of patients of free clinics, as | 19637 |
| defined in division (D)(1) of this section. | 19638 |
| (B) A free clinic is eligible to receive reimbursement under | 19639 |
| the medical liability insurance reimbursement program for the | 19640 |
| premiums that the clinic pays for medical liability insurance | 19641 |
| coverage for the clinic, its staff, and volunteer health care | 19642 |
| professionals and health care workers. Free clinics shall register | 19643 |
| with the department of health by the thirty-first day of January | 19644 |
| of each year in order to participate in and to obtain | 19645 |
| reimbursement under the program. Free clinics shall provide all of | 19646 |
| the following to the department of health at the time of | 19647 |
| registration: | 19648 |
| (1) A statement of the number of volunteer and paid health | 19649 |
| care professionals and health care workers providing health care | 19650 |
| services at the free clinic at that time; | 19651 |
| (2) A statement of the number of health care services | 19652 |
| rendered by the free clinic during the previous fiscal year; | 19653 |
| (3) A signed form acknowledging that the free clinic agrees | 19654 |
| to follow its medical liability insurer's risk management and loss | 19655 |
| prevention policies; | 19656 |
| (4) A copy of the medical liability insurance policy | 19657 |
| purchased by the free clinic, or the policy's declaration page, | 19658 |
| and documentation of the premiums paid by the clinic. | 19659 |
| (C) The department of health shall reimburse free clinics | 19660 |
| participating in the professional liability insurance | 19661 |
| reimbursement program for eighty per cent of the premiums that the | 19662 |
| free clinic pays for medical liability insurance coverage up to | 19663 |
| twenty thousand dollars. Appropriations to the department of | 19664 |
| health may be made from the general fund of the state for this | 19665 |
| purpose. | 19666 |
| (D) As used in this section: | 19667 |
| (1) "Free clinic" means a nonprofit organization exempt from | 19668 |
| federal income taxation under section 501(c)(3) of the "Internal | 19669 |
| Revenue Code of 1986," as amended, or a program component of a | 19670 |
| nonprofit organization, whose primary mission is to provide health | 19671 |
| care services for free or for a minimal administrative fee to | 19672 |
| individuals with limited resources. A free clinic facilitates the | 19673 |
| delivery of health care services through the use of volunteer | 19674 |
| health care professionals and voluntary care networks. For this | 19675 |
| purpose, a free clinic shall comply with all of the following: | 19676 |
| (a) If a free clinic does request a minimal administrative | 19677 |
| fee, a free clinic shall not deny an individual access to its | 19678 |
| health care services based on an individual's ability to pay the | 19679 |
| fee. | 19680 |
| (b) A free clinic shall not bill a patient for health care | 19681 |
| services rendered. | 19682 |
| (c) Free clinics shall not perform operations, as defined by | 19683 |
| divisions (A)(9) and (F)(1)(b) of section 2305.234 of the Revised | 19684 |
| Code. | 19685 |
| A clinic is not a free clinic if the clinic bills medicaid, | 19686 |
| medicare, or other third-party payers for health care services | 19687 |
| rendered at the clinic, and receives twenty-five per cent or more | 19688 |
| of the clinic's annual revenue from the third-party payments. | 19689 |
| (2) "Health care professional" and "health care worker" have | 19690 |
| the same meanings as in section 2305.234 of the Revised Code. | 19691 |
| Sec. 2307.65. (A) The attorney general may bring a civil | 19692 |
| action in the Franklin county court of common pleas on behalf of | 19693 |
| the department of job and family services, and the prosecuting | 19694 |
| attorney of the county in which a violation of division (B) of | 19695 |
| section 2913.401 of the Revised Code occurs may bring a civil | 19696 |
| action in the court of common pleas of that county on behalf of | 19697 |
| the county department of job and family services, against a person | 19698 |
| who violates division (B) of section 2913.401 of the Revised Code | 19699 |
| for the recovery of the amount of benefits paid on behalf of a | 19700 |
| person that either department would not have paid but for the | 19701 |
| violation minus any amounts paid in restitution under division | 19702 |
| (C)(2) of section 2913.401 of the Revised Code and for reasonable | 19703 |
| attorney's fees and all other fees and costs of litigation. | 19704 |
| (B) In a civil action brought under division (A) of this | 19705 |
| section, if the defendant failed to disclose a transfer of | 19706 |
| property in violation of division (B)(3) of section 2913.401 of | 19707 |
| the Revised Code, the court may also grant any of the following | 19708 |
| relief to the extent permitted by 42 U.S.C. 1396p: | 19709 |
| (1) Avoidance of the transfer of property that was not | 19710 |
| disclosed in violation of division (B)(3) of section 2913.401 of | 19711 |
| the Revised Code to the extent of the amount of benefits the | 19712 |
| department would not have paid but for the violation; | 19713 |
| (2) An order of attachment or garnishment against the | 19714 |
| property in accordance with Chapter 2715. or 2716. of the Revised | 19715 |
| Code; | 19716 |
| (3) An injunction against any further disposition by the | 19717 |
| transferor or transferee, or both, of the property the transfer of | 19718 |
| which was not disclosed in violation of division (B)(3) of section | 19719 |
| 2913.401 of the Revised Code or against the disposition of other | 19720 |
| property by the transferor or transferee; | 19721 |
| (4) Appointment of a receiver to take charge of the property | 19722 |
| transferred or of other property of the transferee; | 19723 |
| (5) Any other relief that the court considers just and | 19724 |
| equitable. | 19725 |
| (C) To the extent permitted by 42 U.S.C. 1396p, the | 19726 |
| department of job and family services or the county department of | 19727 |
| job and family services may enforce a judgment obtained under this | 19728 |
| section by levying on property the transfer of which was not | 19729 |
| disclosed in violation of division (B)(3) of section 2913.401 of | 19730 |
| the Revised Code or on the proceeds of the transfer of that | 19731 |
| property in accordance with Chapter 2329. of the Revised Code. | 19732 |
| (D) The remedies provided in divisions (B) and (C) of this | 19733 |
| section do not apply if the transferee of the property the | 19734 |
| transfer of which was not disclosed in violation of division | 19735 |
| (B)(3) of section 2913.401 of the Revised Code acquired the | 19736 |
| property in good faith and for fair market value. | 19737 |
| (E) The remedies provided in this section are not exclusive | 19738 |
| and do not preclude the use of any other criminal or civil remedy | 19739 |
| for any act that is in violation of section 2913.401 of the | 19740 |
| Revised Code. | 19741 |
| (F) Amounts of medicaid benefits paid and recovered in an | 19742 |
| action brought under this section shall be credited to the general | 19743 |
| revenue fund, and any applicable federal share shall be returned | 19744 |
| to the appropriate agency or department of the United States. | 19745 |
| Sec. 2329.66. (A) Every person who is domiciled in this | 19746 |
| state may hold property exempt from execution, garnishment, | 19747 |
| attachment, or sale to satisfy a judgment or order, as follows: | 19748 |
| (1)(a) In the case of a judgment or order regarding money | 19749 |
| owed for health care services rendered or health care supplies | 19750 |
| provided to the person or a dependent of the person, one parcel or | 19751 |
| item of real or personal property that the person or a dependent | 19752 |
| of the person uses as a residence. Division (A)(1)(a) of this | 19753 |
| section does not preclude, affect, or invalidate the creation | 19754 |
| under this chapter of a judgment lien upon the exempted property | 19755 |
| but only delays the enforcement of the lien until the property is | 19756 |
| sold or otherwise transferred by the owner or in accordance with | 19757 |
| other applicable laws to a person or entity other than the | 19758 |
| surviving spouse or surviving minor children of the judgment | 19759 |
| debtor. Every person who is domiciled in this state may hold | 19760 |
| exempt from a judgment lien created pursuant to division (A)(1)(a) | 19761 |
| of this section the person's interest, not to exceed five thousand | 19762 |
| dollars, in the exempted property. | 19763 |
| (b) In the case of all other judgments and orders, the | 19764 |
| person's interest, not to exceed five thousand dollars, in one | 19765 |
| parcel or item of real or personal property that the person or a | 19766 |
| dependent of the person uses as a residence. | 19767 |
| (2) The person's interest, not to exceed one thousand | 19768 |
| dollars, in one motor vehicle; | 19769 |
| (3) The person's interest, not to exceed two hundred dollars | 19770 |
| in any particular item, in wearing apparel, beds, and bedding, and | 19771 |
| the person's interest, not to exceed three hundred dollars in each | 19772 |
| item, in one cooking unit and one refrigerator or other food | 19773 |
| preservation unit; | 19774 |
| (4)(a) The person's interest, not to exceed four hundred | 19775 |
| dollars, in cash on hand, money due and payable, money to become | 19776 |
| due within ninety days, tax refunds, and money on deposit with a | 19777 |
| bank, savings and loan association, credit union, public utility, | 19778 |
| landlord, or other person. Division (A)(4)(a) of this section | 19779 |
| applies only in bankruptcy proceedings. This exemption may include | 19780 |
| the portion of personal earnings that is not exempt under division | 19781 |
| (A)(13) of this section. | 19782 |
| (b) Subject to division (A)(4)(d) of this section, the | 19783 |
| person's interest, not to exceed two hundred dollars in any | 19784 |
| particular item, in household furnishings, household goods, | 19785 |
| appliances, books, animals, crops, musical instruments, firearms, | 19786 |
| and hunting and fishing equipment, that are held primarily for the | 19787 |
| personal, family, or household use of the person; | 19788 |
| (c) Subject to division (A)(4)(d) of this section, the | 19789 |
| person's interest in one or more items of jewelry, not to exceed | 19790 |
| four hundred dollars in one item of jewelry and not to exceed two | 19791 |
| hundred dollars in every other item of jewelry; | 19792 |
| (d) Divisions (A)(4)(b) and (c) of this section do not | 19793 |
| include items of personal property listed in division (A)(3) of | 19794 |
| this section. | 19795 |
| If the person does not claim an exemption under division | 19796 |
| (A)(1) of this section, the total exemption claimed under division | 19797 |
| (A)(4)(b) of this section shall be added to the total exemption | 19798 |
| claimed under division (A)(4)(c) of this section, and the total | 19799 |
| shall not exceed two thousand dollars. If the person claims an | 19800 |
| exemption under division (A)(1) of this section, the total | 19801 |
| exemption claimed under division (A)(4)(b) of this section shall | 19802 |
| be added to the total exemption claimed under division (A)(4)(c) | 19803 |
| of this section, and the total shall not exceed one thousand five | 19804 |
| hundred dollars. | 19805 |
| (5) The person's interest, not to exceed an aggregate of | 19806 |
| seven hundred fifty dollars, in all implements, professional | 19807 |
| books, or tools of the person's profession, trade, or business, | 19808 |
| including agriculture; | 19809 |
| (6)(a) The person's interest in a beneficiary fund set apart, | 19810 |
| appropriated, or paid by a benevolent association or society, as | 19811 |
| exempted by section 2329.63 of the Revised Code; | 19812 |
| (b) The person's interest in contracts of life or endowment | 19813 |
| insurance or annuities, as exempted by section 3911.10 of the | 19814 |
| Revised Code; | 19815 |
| (c) The person's interest in a policy of group insurance or | 19816 |
| the proceeds of a policy of group insurance, as exempted by | 19817 |
| section 3917.05 of the Revised Code; | 19818 |
| (d) The person's interest in money, benefits, charity, | 19819 |
| relief, or aid to be paid, provided, or rendered by a fraternal | 19820 |
| benefit society, as exempted by section 3921.18 of the Revised | 19821 |
| Code; | 19822 |
| (e) The person's interest in the portion of benefits under | 19823 |
| policies of sickness and accident insurance and in lump sum | 19824 |
| payments for dismemberment and other losses insured under those | 19825 |
| policies, as exempted by section 3923.19 of the Revised Code. | 19826 |
| (7) The person's professionally prescribed or medically | 19827 |
| necessary health aids; | 19828 |
| (8) The person's interest in a burial lot, including, but not | 19829 |
| limited to, exemptions under section 517.09 or 1721.07 of the | 19830 |
| Revised Code; | 19831 |
| (9) The person's interest in the following: | 19832 |
| (a) Moneys paid or payable for living maintenance or rights, | 19833 |
| as exempted by section 3304.19 of the Revised Code; | 19834 |
| (b) Workers' compensation, as exempted by section 4123.67 of | 19835 |
| the Revised Code; | 19836 |
| (c) Unemployment compensation benefits, as exempted by | 19837 |
| section 4141.32 of the Revised Code; | 19838 |
| (d) Cash assistance payments under the Ohio works first | 19839 |
| program, as exempted by section 5107.75 of the Revised Code; | 19840 |
| (e) Benefits and services under the prevention, retention, | 19841 |
| and contingency program, as exempted by section 5108.08 of the | 19842 |
| Revised Code; | 19843 |
| (f) Disability financial assistance payments, as exempted by | 19844 |
| section 5115.06 of the Revised Code. | 19845 |
| (10)(a) Except in cases in which the person was convicted of | 19846 |
| or pleaded guilty to a violation of section 2921.41 of the Revised | 19847 |
| Code and in which an order for the withholding of restitution from | 19848 |
| payments was issued under division (C)(2)(b) of that section or in | 19849 |
| cases in which an order for withholding was issued under section | 19850 |
| 2907.15 of the Revised Code, and only to the extent provided in | 19851 |
| the order, and except as provided in sections 3105.171, 3105.63, | 19852 |
| 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised | 19853 |
| Code, the person's right to a pension, benefit, annuity, | 19854 |
| retirement allowance, or accumulated contributions, the person's | 19855 |
| right to a participant account in any deferred compensation | 19856 |
| program offered by the Ohio public employees deferred compensation | 19857 |
| board, a government unit, or a municipal corporation, or the | 19858 |
| person's other accrued or accruing rights, as exempted by section | 19859 |
| 145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of | 19860 |
| the Revised Code, and the person's right to benefits from the Ohio | 19861 |
| public safety officers death benefit fund; | 19862 |
| (b) Except as provided in sections 3119.80, 3119.81, 3121.02, | 19863 |
| 3121.03, and 3123.06 of the Revised Code, the person's right to | 19864 |
| receive a payment under any pension, annuity, or similar plan or | 19865 |
| contract, not including a payment from a stock bonus or | 19866 |
| profit-sharing plan or a payment included in division (A)(6)(b) or | 19867 |
| (10)(a) of this section, on account of illness, disability, death, | 19868 |
| age, or length of service, to the extent reasonably necessary for | 19869 |
| the support of the person and any of the person's dependents, | 19870 |
| except if all the following apply: | 19871 |
| (i) The plan or contract was established by or under the | 19872 |
| auspices of an insider that employed the person at the time the | 19873 |
| person's rights under the plan or contract arose. | 19874 |
| (ii) The payment is on account of age or length of service. | 19875 |
| (iii) The plan or contract is not qualified under the | 19876 |
| "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as | 19877 |
| amended. | 19878 |
| (c) Except for any portion of the assets that were deposited | 19879 |
| for the purpose of evading the payment of any debt and except as | 19880 |
| provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 19881 |
| 3123.06 of the Revised Code, the person's right in the assets held | 19882 |
| in, or to receive any payment under, any individual retirement | 19883 |
| account, individual retirement annuity, "Roth IRA," or education | 19884 |
| individual retirement account that provides benefits by reason of | 19885 |
| illness, disability, death, or age, to the extent that the assets, | 19886 |
| payments, or benefits described in division (A)(10)(c) of this | 19887 |
| section are attributable to any of the following: | 19888 |
| (i) Contributions of the person that were less than or equal | 19889 |
| to the applicable limits on deductible contributions to an | 19890 |
| individual retirement account or individual retirement annuity in | 19891 |
| the year that the contributions were made, whether or not the | 19892 |
| person was eligible to deduct the contributions on the person's | 19893 |
| federal tax return for the year in which the contributions were | 19894 |
| made; | 19895 |
| (ii) Contributions of the person that were less than or equal | 19896 |
| to the applicable limits on contributions to a Roth IRA or | 19897 |
| education individual retirement account in the year that the | 19898 |
| contributions were made; | 19899 |
| (iii) Contributions of the person that are within the | 19900 |
| applicable limits on rollover contributions under subsections 219, | 19901 |
| 402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B), | 19902 |
| 408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986," | 19903 |
| 100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 19904 |
| (d) Except for any portion of the assets that were deposited | 19905 |
| for the purpose of evading the payment of any debt and except as | 19906 |
| provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 19907 |
| 3123.06 of the Revised Code, the person's right in the assets held | 19908 |
| in, or to receive any payment under, any Keogh or "H.R. 10" plan | 19909 |
| that provides benefits by reason of illness, disability, death, or | 19910 |
| age, to the extent reasonably necessary for the support of the | 19911 |
| person and any of the person's dependents. | 19912 |
| (11) The person's right to receive spousal support, child | 19913 |
| support, an allowance, or other maintenance to the extent | 19914 |
| reasonably necessary for the support of the person and any of the | 19915 |
| person's dependents; | 19916 |
| (12) The person's right to receive, or moneys received during | 19917 |
| the preceding twelve calendar months from, any of the following: | 19918 |
| (a) An award of reparations under sections 2743.51 to 2743.72 | 19919 |
| of the Revised Code, to the extent exempted by division (D) of | 19920 |
| section 2743.66 of the Revised Code; | 19921 |
| (b) A payment on account of the wrongful death of an | 19922 |
| individual of whom the person was a dependent on the date of the | 19923 |
| individual's death, to the extent reasonably necessary for the | 19924 |
| support of the person and any of the person's dependents; | 19925 |
| (c) Except in cases in which the person who receives the | 19926 |
| payment is an inmate, as defined in section 2969.21 of the Revised | 19927 |
| Code, and in which the payment resulted from a civil action or | 19928 |
| appeal against a government entity or employee, as defined in | 19929 |
| section 2969.21 of the Revised Code, a payment, not to exceed five | 19930 |
| thousand dollars, on account of personal bodily injury, not | 19931 |
| including pain and suffering or compensation for actual pecuniary | 19932 |
| loss, of the person or an individual for whom the person is a | 19933 |
| dependent; | 19934 |
| (d) A payment in compensation for loss of future earnings of | 19935 |
| the person or an individual of whom the person is or was a | 19936 |
| dependent, to the extent reasonably necessary for the support of | 19937 |
| the debtor and any of the debtor's dependents. | 19938 |
| (13) Except as provided in sections 3119.80, 3119.81, | 19939 |
| 3121.02, 3121.03, and 3123.06 of the Revised Code, personal | 19940 |
| earnings of the person owed to the person for services in an | 19941 |
| amount equal to the greater of the following amounts: | 19942 |
| (a) If paid weekly, thirty times the current federal minimum | 19943 |
| hourly wage; if paid biweekly, sixty times the current federal | 19944 |
| minimum hourly wage; if paid semimonthly, sixty-five times the | 19945 |
| current federal minimum hourly wage; or if paid monthly, one | 19946 |
| hundred thirty times the current federal minimum hourly wage that | 19947 |
| is in effect at the time the earnings are payable, as prescribed | 19948 |
| by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 | 19949 |
| U.S.C. 206(a)(1), as amended; | 19950 |
| (b) Seventy-five per cent of the disposable earnings owed to | 19951 |
| the person. | 19952 |
| (14) The person's right in specific partnership property, as | 19953 |
| exempted by division (B)(3) of section 1775.24 of the Revised | 19954 |
| Code; | 19955 |
| (15) A seal and official register of a notary public, as | 19956 |
| exempted by section 147.04 of the Revised Code; | 19957 |
| (16) The person's interest in a tuition | 19958 |
| payment under section 3334.09 of the Revised Code pursuant to a | 19959 |
| tuition
| 19960 |
| the Revised Code; | 19961 |
| (17) Any other property that is specifically exempted from | 19962 |
| execution, attachment, garnishment, or sale by federal statutes | 19963 |
| other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 | 19964 |
| U.S.C.A. 101, as amended; | 19965 |
| (18) The person's interest, not to exceed four hundred | 19966 |
| dollars, in any property, except that division (A)(18) of this | 19967 |
| section applies only in bankruptcy proceedings. | 19968 |
| (B) As used in this section: | 19969 |
| (1) "Disposable earnings" means net earnings after the | 19970 |
| garnishee has made deductions required by law, excluding the | 19971 |
| deductions ordered pursuant to section 3119.80, 3119.81, 3121.02, | 19972 |
| 3121.03, or 3123.06 of the Revised Code. | 19973 |
| (2) "Insider" means: | 19974 |
| (a) If the person who claims an exemption is an individual, a | 19975 |
| relative of the individual, a relative of a general partner of the | 19976 |
| individual, a partnership in which the individual is a general | 19977 |
| partner, a general partner of the individual, or a corporation of | 19978 |
| which the individual is a director, officer, or in control; | 19979 |
| (b) If the person who claims an exemption is a corporation, a | 19980 |
| director or officer of the corporation; a person in control of the | 19981 |
| corporation; a partnership in which the corporation is a general | 19982 |
| partner; a general partner of the corporation; or a relative of a | 19983 |
| general partner, director, officer, or person in control of the | 19984 |
| corporation; | 19985 |
| (c) If the person who claims an exemption is a partnership, a | 19986 |
| general partner in the partnership; a general partner of the | 19987 |
| partnership; a person in control of the partnership; a partnership | 19988 |
| in which the partnership is a general partner; or a relative in, a | 19989 |
| general partner of, or a person in control of the partnership; | 19990 |
| (d) An entity or person to which or whom any of the following | 19991 |
| applies: | 19992 |
| (i) The entity directly or indirectly owns, controls, or | 19993 |
| holds with power to vote, twenty per cent or more of the | 19994 |
| outstanding voting securities of the person who claims an | 19995 |
| exemption, unless the entity holds the securities in a fiduciary | 19996 |
| or agency capacity without sole discretionary power to vote the | 19997 |
| securities or holds the securities solely to secure to debt and | 19998 |
| the entity has not in fact exercised the power to vote. | 19999 |
| (ii) The entity is a corporation, twenty per cent or more of | 20000 |
| whose outstanding voting securities are directly or indirectly | 20001 |
| owned, controlled, or held with power to vote, by the person who | 20002 |
| claims an exemption or by an entity to which division (B)(2)(d)(i) | 20003 |
| of this section applies. | 20004 |
| (iii) A person whose business is operated under a lease or | 20005 |
| operating agreement by the person who claims an exemption, or a | 20006 |
| person substantially all of whose business is operated under an | 20007 |
| operating agreement with the person who claims an exemption. | 20008 |
| (iv) The entity operates the business or all or substantially | 20009 |
| all of the property of the person who claims an exemption under a | 20010 |
| lease or operating agreement. | 20011 |
| (e) An insider, as otherwise defined in this section, of a | 20012 |
| person or entity to which division (B)(2)(d)(i), (ii), (iii), or | 20013 |
| (iv) of this section applies, as if the person or entity were a | 20014 |
| person who claims an exemption; | 20015 |
| (f) A managing agent of the person who claims an exemption. | 20016 |
| (3) "Participant account" has the same meaning as in section | 20017 |
| 148.01 of the Revised Code. | 20018 |
| (4) "Government unit" has the same meaning as in section | 20019 |
| 148.06 of the Revised Code. | 20020 |
| (C) For purposes of this section, "interest" shall be | 20021 |
| determined as follows: | 20022 |
| (1) In bankruptcy proceedings, as of the date a petition is | 20023 |
| filed with the bankruptcy court commencing a case under Title 11 | 20024 |
| of the United States Code; | 20025 |
| (2) In all cases other than bankruptcy proceedings, as of the | 20026 |
| date of an appraisal, if necessary under section 2329.68 of the | 20027 |
| Revised Code, or the issuance of a writ of execution. | 20028 |
| An interest, as determined under division (C)(1) or (2) of | 20029 |
| this section, shall not include the amount of any lien otherwise | 20030 |
| valid pursuant to section 2329.661 of the Revised Code. | 20031 |
| Sec. 2743.191. (A)(1) There is hereby created in the state | 20032 |
| treasury the reparations fund, which shall be used only for the | 20033 |
| following purposes: | 20034 |
| (a) The payment of awards of reparations that are granted by | 20035 |
| the attorney general; | 20036 |
| (b) The compensation of any personnel needed by the attorney | 20037 |
| general to administer sections 2743.51 to 2743.72 of the Revised | 20038 |
| Code; | 20039 |
| (c) The compensation of witnesses as provided in division (J) | 20040 |
| of section 2743.65 of the Revised Code; | 20041 |
| (d) Other administrative costs of hearing and determining | 20042 |
| claims for an award of reparations by the attorney general; | 20043 |
| (e) The costs of administering sections 2907.28 and 2969.01 | 20044 |
| to 2969.06 of the Revised Code; | 20045 |
| (f) The costs of investigation and decision-making as | 20046 |
| certified by the attorney general; | 20047 |
| (g) The provision of state financial assistance to victim | 20048 |
| assistance programs in accordance with sections 109.91 and 109.92 | 20049 |
| of the Revised Code; | 20050 |
| (h) The costs of paying the expenses of sex offense-related | 20051 |
| examinations and antibiotics pursuant to section 2907.28 of the | 20052 |
| Revised Code; | 20053 |
| (i) The cost of printing and distributing the pamphlet | 20054 |
| prepared by the attorney general pursuant to section 109.42 of the | 20055 |
| Revised Code; | 20056 |
| (j) Subject to division (D) of section 2743.71 of the Revised | 20057 |
| Code, the costs associated with the printing and providing of | 20058 |
| information cards or other printed materials to law enforcement | 20059 |
| agencies and prosecuting authorities and with publicizing the | 20060 |
| availability of awards of reparations pursuant to section 2743.71 | 20061 |
| of the Revised Code; | 20062 |
| (k) The payment of costs of administering a DNA specimen | 20063 |
| collection procedure pursuant to sections 2152.74 and 2901.07 of | 20064 |
| the Revised Code, of performing DNA analysis of those DNA | 20065 |
| specimens, and of entering the resulting DNA records regarding | 20066 |
| those analyses into the DNA database pursuant to section 109.573 | 20067 |
| of the Revised Code; | 20068 |
| (l) The payment of actual costs associated with initiatives | 20069 |
| by the attorney general for the apprehension, prosecution, and | 20070 |
| accountability of offenders, and the enhancing of services to | 20071 |
| crime victims. The amount of payments made pursuant to division | 20072 |
| (A)(1)(l) of this section during any given fiscal year shall not | 20073 |
| exceed five per cent of the balance of the reparations fund at the | 20074 |
| close of the immediately previous fiscal year; | 20075 |
| (m) The costs of administering the adult parole authority's | 20076 |
| supervision of sexually violent predators with an active global | 20077 |
| positioning system device pursuant to section 2971.05 of the | 20078 |
| Revised Code. | 20079 |
| (2) All costs paid pursuant to section 2743.70 of the Revised | 20080 |
| Code, the portions of license reinstatement fees mandated by | 20081 |
| division (F)(2)(b) of section 4511.191 of the Revised Code to be | 20082 |
| credited to the fund, the portions of the proceeds of the sale of | 20083 |
| a forfeited vehicle specified in division (C)(2) of section | 20084 |
| 4503.234 of the Revised Code, payments collected by the department | 20085 |
| of rehabilitation and correction from prisoners who voluntarily | 20086 |
| participate in an approved work and training program pursuant to | 20087 |
| division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and | 20088 |
| all moneys collected by the state pursuant to its right of | 20089 |
| subrogation provided in section 2743.72 of the Revised Code shall | 20090 |
| be deposited in the fund. | 20091 |
| (B) In making an award of reparations, the attorney general | 20092 |
| shall render the award against the state. The award shall be | 20093 |
| accomplished only through the following procedure, and the | 20094 |
| following procedure may be enforced by writ of mandamus directed | 20095 |
| to the appropriate official: | 20096 |
| (1) The attorney general shall provide for payment of the | 20097 |
| claimant or providers in the amount of the award only if the | 20098 |
| amount of the award is fifty dollars or more. | 20099 |
| (2) The expense shall be charged against all available | 20100 |
| unencumbered moneys in the fund. | 20101 |
| (3) If sufficient unencumbered moneys do not exist in the | 20102 |
| fund, the attorney general shall make application for payment of | 20103 |
| the award out of the emergency purposes account or any other | 20104 |
| appropriation for emergencies or contingencies, and payment out of | 20105 |
| this account or other appropriation shall be authorized if there | 20106 |
| are sufficient moneys greater than the sum total of then pending | 20107 |
| emergency purposes account requests or requests for releases from | 20108 |
| the other appropriations. | 20109 |
| (4) If sufficient moneys do not exist in the account or any | 20110 |
| other appropriation for emergencies or contingencies to pay the | 20111 |
| award, the attorney general shall request the general assembly to | 20112 |
| make an appropriation sufficient to pay the award, and no payment | 20113 |
| shall be made until the appropriation has been made. The attorney | 20114 |
| general shall make this appropriation request during the current | 20115 |
| biennium and during each succeeding biennium until a sufficient | 20116 |
| appropriation is made. If, prior to the time that an appropriation | 20117 |
| is made by the general assembly pursuant to this division, the | 20118 |
| fund has sufficient unencumbered funds to pay the award or part of | 20119 |
| the award, the available funds shall be used to pay the award or | 20120 |
| part of the award, and the appropriation request shall be amended | 20121 |
| to request only sufficient funds to pay that part of the award | 20122 |
| that is unpaid. | 20123 |
| (C) The attorney general shall not make payment on a decision | 20124 |
| or order granting an award until all appeals have been determined | 20125 |
| and all rights to appeal exhausted, except as otherwise provided | 20126 |
| in this section. If any party to a claim for an award of | 20127 |
| reparations appeals from only a portion of an award, and a | 20128 |
| remaining portion provides for the payment of money by the state, | 20129 |
| that part of the award calling for the payment of money by the | 20130 |
| state and not a subject of the appeal shall be processed for | 20131 |
| payment as described in this section. | 20132 |
| (D) The attorney general shall prepare itemized bills for the | 20133 |
| costs of printing and distributing the pamphlet the attorney | 20134 |
| general prepares pursuant to section 109.42 of the Revised Code. | 20135 |
| The itemized bills shall set forth the name and address of the | 20136 |
| persons owed the amounts set forth in them. | 20137 |
| (E) As used in this section, "DNA analysis" and "DNA | 20138 |
| specimen" have the same meanings as in section 109.573 of the | 20139 |
| Revised Code. | 20140 |
| Sec. 2744.05. Notwithstanding any other provisions of the | 20141 |
| Revised Code or rules of a court to the contrary, in an action | 20142 |
| against a political subdivision to recover damages for injury, | 20143 |
| death, or loss to person or property caused by an act or omission | 20144 |
| in connection with a governmental or proprietary function: | 20145 |
| (A) Punitive or exemplary damages shall not be awarded. | 20146 |
| (B)(1) If a claimant receives or is entitled to receive | 20147 |
| benefits for injuries or loss allegedly incurred from a policy or | 20148 |
| policies of insurance or any other source, the benefits shall be | 20149 |
| disclosed to the court, and the amount of the benefits shall be | 20150 |
| deducted from any award against a political subdivision recovered | 20151 |
| by that claimant. No insurer or other person is entitled to bring | 20152 |
| an action under a subrogation provision in an insurance or other | 20153 |
| contract against a political subdivision with respect to those | 20154 |
| benefits. | 20155 |
| The amount of the benefits shall be deducted from an award | 20156 |
| against a political subdivision under division (B)(1) of this | 20157 |
| section regardless of whether the claimant may be under an | 20158 |
| obligation to pay back the benefits upon recovery, in whole or in | 20159 |
| part, for the claim. A claimant whose benefits have been deducted | 20160 |
| from an award under division (B)(1) of this section is not | 20161 |
| considered fully compensated and shall not be required to | 20162 |
| reimburse a subrogated claim for benefits deducted from an award | 20163 |
| pursuant to division (B)(1) of this section. | 20164 |
| (2) Nothing in division (B)(1) of this section shall be | 20165 |
| construed to do either of the following: | 20166 |
| (a) Limit the rights of a beneficiary under a life insurance | 20167 |
| policy or the rights of sureties under fidelity or surety bonds; | 20168 |
| (b) Prohibit the department of job and family services from | 20169 |
| recovering from the political subdivision, pursuant to section | 20170 |
| 5101.58 of the Revised Code, the cost of medical assistance | 20171 |
|
benefits provided under Chapter 5107. | 20172 |
| Revised Code. | 20173 |
| (C)(1) There shall not be any limitation on compensatory | 20174 |
| damages that represent the actual loss of the person who is | 20175 |
| awarded the damages. However, except in wrongful death actions | 20176 |
| brought pursuant to Chapter 2125. of the Revised Code, damages | 20177 |
| that arise from the same cause of action, transaction or | 20178 |
| occurrence, or series of transactions or occurrences and that do | 20179 |
| not represent the actual loss of the person who is awarded the | 20180 |
| damages shall not exceed two hundred fifty thousand dollars in | 20181 |
| favor of any one person. The limitation on damages that do not | 20182 |
| represent the actual loss of the person who is awarded the damages | 20183 |
| provided in this division does not apply to court costs that are | 20184 |
| awarded to a plaintiff, or to interest on a judgment rendered in | 20185 |
| favor of a plaintiff, in an action against a political | 20186 |
| subdivision. | 20187 |
| (2) As used in this division, "the actual loss of the person | 20188 |
| who is awarded the damages" includes all of the following: | 20189 |
| (a) All wages, salaries, or other compensation lost by the | 20190 |
| person injured as a result of the injury, including wages, | 20191 |
| salaries, or other compensation lost as of the date of a judgment | 20192 |
| and future expected lost earnings of the person injured; | 20193 |
| (b) All expenditures of the person injured or another person | 20194 |
| on behalf of the person injured for medical care or treatment, for | 20195 |
| rehabilitation services, or for other care, treatment, services, | 20196 |
| products, or accommodations that were necessary because of the | 20197 |
| injury; | 20198 |
| (c) All expenditures to be incurred in the future, as | 20199 |
| determined by the court, by the person injured or another person | 20200 |
| on behalf of the person injured for medical care or treatment, for | 20201 |
| rehabilitation services, or for other care, treatment, services, | 20202 |
| products, or accommodations that will be necessary because of the | 20203 |
| injury; | 20204 |
| (d) All expenditures of a person whose property was injured | 20205 |
| or destroyed or of another person on behalf of the person whose | 20206 |
| property was injured or destroyed in order to repair or replace | 20207 |
| the property that was injured or destroyed; | 20208 |
| (e) All expenditures of the person injured or of the person | 20209 |
| whose property was injured or destroyed or of another person on | 20210 |
| behalf of the person injured or of the person whose property was | 20211 |
| injured or destroyed in relation to the actual preparation or | 20212 |
| presentation of the claim involved; | 20213 |
| (f) Any other expenditures of the person injured or of the | 20214 |
| person whose property was injured or destroyed or of another | 20215 |
| person on behalf of the person injured or of the person whose | 20216 |
| property was injured or destroyed that the court determines | 20217 |
| represent an actual loss experienced because of the personal or | 20218 |
| property injury or property loss. | 20219 |
| "The actual loss of the person who is awarded the damages" | 20220 |
| does not include any fees paid or owed to an attorney for any | 20221 |
| services rendered in relation to a personal or property injury or | 20222 |
| property loss, and does not include any damages awarded for pain | 20223 |
| and suffering, for the loss of society, consortium, companionship, | 20224 |
| care, assistance, attention, protection, advice, guidance, | 20225 |
| counsel, instruction, training, or education of the person | 20226 |
| injured, for mental anguish, or for any other intangible loss. | 20227 |
| Sec. 2744.08. (A)(1) A political subdivision may use public | 20228 |
| funds to secure insurance with respect to its and its employees' | 20229 |
| potential liability in damages in civil actions for injury, death, | 20230 |
| or loss to persons or property allegedly caused by an act or | 20231 |
| omission of the political subdivision or any of its employees in | 20232 |
| connection with a governmental or proprietary function. The | 20233 |
| insurance may be at the limits, for the circumstances, and subject | 20234 |
| to the terms and conditions, that are determined by the political | 20235 |
| subdivision in its discretion. | 20236 |
| The insurance may be for the period of time that is set forth | 20237 |
| in specifications for competitive bids or, when competitive | 20238 |
| bidding is not required, for the period of time that is mutually | 20239 |
| agreed upon by the political subdivision and insurance company. | 20240 |
| The period of time does not have to be, but can be, limited to the | 20241 |
| fiscal cycle under which the political subdivision is funded and | 20242 |
| operates. | 20243 |
| (2)(a) Regardless of whether a political subdivision procures | 20244 |
| a policy or policies of liability insurance pursuant to division | 20245 |
| (A)(1) of this section or otherwise, the political subdivision may | 20246 |
| establish and maintain a self-insurance program relative to its | 20247 |
| and its employees' potential liability in damages in civil actions | 20248 |
| for injury, death, or loss to persons or property allegedly caused | 20249 |
| by an act or omission of the political subdivision or any of its | 20250 |
| employees in connection with a governmental or proprietary | 20251 |
| function. The political subdivision may reserve such funds as it | 20252 |
| deems appropriate in a special fund that may be established | 20253 |
| pursuant to an ordinance or resolution of the political | 20254 |
| subdivision and not subject to section 5705.12 of the Revised | 20255 |
| Code. The political subdivision may allocate the costs of | 20256 |
| insurance or a self-insurance program, or both, among the funds or | 20257 |
| accounts in the subdivision's treasury on the basis of relative | 20258 |
| exposure and loss experience. The political subdivision may | 20259 |
| require any deductibles under an insurance or self-insurance | 20260 |
| program, or both, to be paid from funds or accounts in the | 20261 |
| subdivision's treasury from which a loss was directly | 20262 |
| attributable. If it so chooses, the political subdivision may | 20263 |
| contract with any person, other political subdivision, or regional | 20264 |
| council of governments for purposes of the administration of such | 20265 |
| a program. | 20266 |
| (b) Political subdivisions that have established | 20267 |
| self-insurance programs relative to their and their employees' | 20268 |
| potential liability as described in division (A)(2)(a) of this | 20269 |
| section may mutually agree that their self-insurance programs will | 20270 |
| be jointly administered in a specified manner. | 20271 |
| (B) The purchase of liability insurance, or the establishment | 20272 |
| and maintenance of a self-insurance program, by a political | 20273 |
| subdivision does not constitute a waiver of any immunity or | 20274 |
| defense of the political subdivision or its employees, except that | 20275 |
| the political subdivision may specifically waive any immunity or | 20276 |
| defense to which it or its employees may be entitled if a | 20277 |
| provision to that effect is specifically included in the policy of | 20278 |
| insurance or in a written plan of operation of the self-insurance | 20279 |
| program, or, if any, the legislative enactment of the political | 20280 |
| subdivision authorizing the purchase of the insurance or the | 20281 |
| establishment and maintenance of the self-insurance program. Such | 20282 |
| a specific waiver shall be only to the extent of the insurance or | 20283 |
| self-insurance program coverage. | 20284 |
| (C) The authorizations for political subdivisions to secure | 20285 |
| insurance and to establish and maintain self-insurance programs in | 20286 |
| this section are in addition to any other authority to secure | 20287 |
| insurance or to establish and maintain self-insurance programs | 20288 |
| that is granted pursuant to the Revised Code or the constitution | 20289 |
| of this state, and they are not in derogation of any other | 20290 |
| authorization. | 20291 |
| Sec. 2744.082. (A) If a political subdivision, pursuant to | 20292 |
| division (A)(2)(a) of section 2744.08 of the Revised Code, has | 20293 |
| allocated costs to, or required the payment of deductibles from, | 20294 |
| funds or accounts in the subdivision's treasury, the subdivision's | 20295 |
| fiscal officer, pursuant to an ordinance or resolution of the | 20296 |
| subdivision's legislative authority, shall transfer amounts equal | 20297 |
| to those costs or deductibles from the funds or accounts to the | 20298 |
| subdivision's general fund if both of the following occur: | 20299 |
| (1) The subdivision requests payment from the employee | 20300 |
| responsible for the funds or accounts for those costs or | 20301 |
| deductibles; | 20302 |
| (2) The employee receiving the request fails to remit payment | 20303 |
| within forty-five days after the date of receipt of the request. | 20304 |
| (B) Sections 5705.14, 5705.15, and 5705.16 of the Revised | 20305 |
| Code do not apply to transfers made pursuant to this section. | 20306 |
| Sec. 2901.07. (A) As used in this section: | 20307 |
| (1) "DNA analysis" and "DNA specimen" have the same meanings | 20308 |
| as in section 109.573 of the Revised Code. | 20309 |
| (2) "Jail" and "community-based correctional facility" have | 20310 |
| the same meanings as in section 2929.01 of the Revised Code. | 20311 |
| (3) "Post-release control" has the same meaning as in section | 20312 |
| 2967.01 of the Revised Code. | 20313 |
| (B)(1) A person who is convicted of or pleads guilty to a | 20314 |
| felony offense listed in division (D) of this section and who is | 20315 |
| sentenced to a prison term or to a community residential sanction | 20316 |
| in a jail or community-based correctional facility pursuant to | 20317 |
| section 2929.16 of the Revised Code, and a person who is convicted | 20318 |
| of or pleads guilty to a misdemeanor offense listed in division | 20319 |
| (D) of this section and who is sentenced to a term of imprisonment | 20320 |
| shall submit to a DNA specimen collection procedure administered | 20321 |
| by the director of rehabilitation and correction or the chief | 20322 |
| administrative officer of the jail or other detention facility in | 20323 |
| which the person is serving the term of imprisonment. If the | 20324 |
| person serves the prison term in a state correctional institution, | 20325 |
| the director of rehabilitation and correction shall cause the DNA | 20326 |
| specimen to be collected from the person during the intake process | 20327 |
| at the reception facility designated by the director. If the | 20328 |
| person serves the community residential sanction or term of | 20329 |
| imprisonment in a jail, a community-based correctional facility, | 20330 |
| or another county, multicounty, municipal, municipal-county, or | 20331 |
| multicounty-municipal detention facility, the chief administrative | 20332 |
| officer of the jail, community-based correctional facility, or | 20333 |
| detention facility shall cause the DNA specimen to be collected | 20334 |
| from the person during the intake process at the jail, | 20335 |
| community-based correctional facility, or detention facility. In | 20336 |
| accordance with division (C) of this section, the director or the | 20337 |
| chief administrative officer shall cause the DNA specimen to be | 20338 |
| forwarded to the bureau of criminal identification and | 20339 |
| investigation no later than fifteen days after the date of the | 20340 |
| collection of the DNA specimen. The DNA specimen shall be | 20341 |
| collected in accordance with division (C) of this section. | 20342 |
| (2) If a person is convicted of or pleads guilty to an | 20343 |
| offense listed in division (D) of this section, is serving a | 20344 |
| prison term, community residential sanction, or term of | 20345 |
| imprisonment for that offense, and does not provide a DNA specimen | 20346 |
| pursuant to division (B)(1) of this section, prior to the person's | 20347 |
| release from the prison term, community residential sanction, or | 20348 |
| imprisonment, the person shall submit to, and the director of | 20349 |
| rehabilitation and correction or the chief administrative officer | 20350 |
| of the jail, community-based correctional facility, or detention | 20351 |
| facility in which the person is serving the prison term, community | 20352 |
| residential sanction, or term of imprisonment shall administer, a | 20353 |
| DNA specimen collection procedure at the state correctional | 20354 |
| institution, jail, community-based correctional facility, or | 20355 |
| detention facility in which the person is serving the prison term, | 20356 |
| community residential sanction, or term of imprisonment. In | 20357 |
| accordance with division (C) of this section, the director or the | 20358 |
| chief administrative officer shall cause the DNA specimen to be | 20359 |
| forwarded to the bureau of criminal identification and | 20360 |
| investigation no later than fifteen days after the date of the | 20361 |
| collection of the DNA specimen. The DNA specimen shall be | 20362 |
| collected in accordance with division (C) of this section. | 20363 |
| (3) If a person sentenced to a term of imprisonment or | 20364 |
| serving a prison term or community residential sanction for | 20365 |
| committing an offense listed in division (D) of this section is on | 20366 |
| probation, is released on parole, under transitional control, or | 20367 |
| on another type of release, or is on post-release control, if the | 20368 |
| person is under the supervision of a probation department or the | 20369 |
| adult parole authority, if the person is sent to jail or is | 20370 |
| returned to a jail, community-based correctional facility, or | 20371 |
| state correctional institution for a violation of the terms and | 20372 |
| conditions of the probation, parole, transitional control, other | 20373 |
| release, or post-release control, if the person was or will be | 20374 |
| serving a term of imprisonment, prison term, or community | 20375 |
| residential sanction for committing an offense listed in division | 20376 |
| (D) of this section, and if the person did not provide a DNA | 20377 |
| specimen pursuant to division (B)(1) or (2) of this section, the | 20378 |
| person shall submit to, and the director of rehabilitation and | 20379 |
| correction or the chief administrative officer of the jail or | 20380 |
| community-based correctional facility shall administer, a DNA | 20381 |
| specimen collection procedure at the jail, community-based | 20382 |
| correctional facility, or state correctional institution in which | 20383 |
| the person is serving the term of imprisonment, prison term, or | 20384 |
| community residential sanction. In accordance with division (C) of | 20385 |
| this section, the director or the chief administrative officer | 20386 |
| shall cause the DNA specimen to be forwarded to the bureau of | 20387 |
| criminal identification and investigation no later than fifteen | 20388 |
| days after the date of the collection of the DNA specimen. The DNA | 20389 |
| specimen shall be collected from the person in accordance with | 20390 |
| division (C) of this section. | 20391 |
| (C) If the DNA specimen is collected by withdrawing blood | 20392 |
| from the person or a similarly invasive procedure, a physician, | 20393 |
| registered nurse, licensed practical nurse, duly licensed clinical | 20394 |
| laboratory technician, or other qualified medical practitioner | 20395 |
| shall collect in a medically approved manner the DNA specimen | 20396 |
| required to be collected pursuant to division (B) of this section. | 20397 |
| If the DNA specimen is collected by swabbing for buccal cells or a | 20398 |
| similarly noninvasive procedure, this section does not require | 20399 |
| that the DNA specimen be collected by a qualified medical | 20400 |
| practitioner of that nature. No later than fifteen days after the | 20401 |
| date of the collection of the DNA specimen, the director of | 20402 |
| rehabilitation and correction or the chief administrative officer | 20403 |
| of the jail, community-based correctional facility, or other | 20404 |
| county, multicounty, municipal, municipal-county, or | 20405 |
| multicounty-municipal detention facility, in which the person is | 20406 |
| serving the prison term, community residential sanction, or term | 20407 |
| of imprisonment shall cause the DNA specimen to be forwarded to | 20408 |
| the bureau of criminal identification and investigation in | 20409 |
| accordance with procedures established by the superintendent of | 20410 |
| the bureau under division (H) of section 109.573 of the Revised | 20411 |
| Code. The bureau shall provide the specimen vials, mailing tubes, | 20412 |
| labels, postage, and instructions needed for the collection and | 20413 |
| forwarding of the DNA specimen to the bureau. | 20414 |
| (D) The director of rehabilitation and correction and the | 20415 |
| chief administrative officer of the jail, community-based | 20416 |
| correctional facility, or other county, multicounty, municipal, | 20417 |
| municipal-county, or multicounty-municipal detention facility | 20418 |
| shall cause a DNA specimen to be collected in accordance with | 20419 |
| divisions (B) and (C) of this section from a person in its custody | 20420 |
| who is convicted of or pleads guilty to any of the following | 20421 |
| offenses: | 20422 |
| (1) A violation of section 2903.01, 2903.02, 2903.11, | 20423 |
| 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, 2911.01, 2911.02, | 20424 |
| 2911.11, or 2911.12 of the Revised Code; | 20425 |
| (2) A violation of section 2907.12 of the Revised Code as it | 20426 |
| existed prior to September 3, 1996; | 20427 |
| (3) An attempt to commit a violation of section 2903.01, | 20428 |
| 2903.02, 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code | 20429 |
| or to commit a violation of section 2907.12 of the Revised Code as | 20430 |
| it existed prior to September 3, 1996; | 20431 |
| (4) A violation of any law that arose out of the same facts | 20432 |
| and circumstances and same act as did a charge against the person | 20433 |
| of a violation of section 2903.01, 2903.02, 2905.01, 2907.02, | 20434 |
| 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code that | 20435 |
| previously was dismissed or amended or as did a charge against the | 20436 |
| person of a violation of section 2907.12 of the Revised Code as it | 20437 |
| existed prior to September 3, 1996, that previously was dismissed | 20438 |
| or amended; | 20439 |
| (5) A violation of section 2905.02 or 2919.23 of the Revised | 20440 |
| Code that would have been a violation of section 2905.04 of the | 20441 |
| Revised Code as it existed prior to July 1, 1996, had it been | 20442 |
| committed prior to that date; | 20443 |
| (6) A sexually oriented offense or a child-victim oriented | 20444 |
| offense, both as defined in section 2950.01 of the Revised Code, | 20445 |
| if, in relation to that offense, the offender has been adjudicated | 20446 |
| a sexual predator or a child-victim predator, both as defined in | 20447 |
| section 2950.01 of the Revised Code; | 20448 |
| (7) A felony violation of any law that arose out of the same | 20449 |
| facts and circumstances and same act as did a charge against the | 20450 |
| person of a violation of section 2903.11, 2911.01, 2911.02, or | 20451 |
| 2911.12 of the Revised Code that previously was dismissed or | 20452 |
| amended; | 20453 |
| (8) A conspiracy to commit a violation of section 2903.01, | 20454 |
| 2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the | 20455 |
| Revised Code; | 20456 |
| (9) Complicity in committing a violation of section 2903.01, | 20457 |
| 2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 20458 |
| 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 20459 |
| violation of section 2907.12 of the Revised Code as it existed | 20460 |
| prior to September 3, 1996. | 20461 |
| (E) The director of rehabilitation and correction or a chief | 20462 |
| administrative officer of a jail, community-based correctional | 20463 |
| facility, or other detention facility described in division (B) of | 20464 |
| this section in relation to the following offenses is not required | 20465 |
| to comply with this section until the superintendent of the bureau | 20466 |
| of criminal identification and investigation gives agencies in the | 20467 |
|
criminal justice system, as
defined in section | 20468 |
| the Revised Code, in the state official notification that the | 20469 |
| state DNA laboratory is prepared to accept DNA specimens of that | 20470 |
| nature: | 20471 |
| (1) A violation of section 2903.11, 2911.01, 2911.02, or | 20472 |
| 2911.12 of the Revised Code; | 20473 |
| (2) An attempt to commit a violation of section 2903.01 or | 20474 |
| 2903.02 of the Revised Code; | 20475 |
| (3) A felony violation of any law that arose out of the same | 20476 |
| facts and circumstances and same act as did a charge against the | 20477 |
| person of a violation of section 2903.11, 2911.01, 2911.02, or | 20478 |
| 2911.12 of the Revised Code that previously was dismissed or | 20479 |
| amended; | 20480 |
| (4) A conspiracy to commit a violation of section 2903.01, | 20481 |
| 2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the | 20482 |
| Revised Code; | 20483 |
| (5) Complicity in committing a violation of section 2903.01, | 20484 |
| 2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 20485 |
| 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 20486 |
| violation of section 2907.12 of the Revised Code as it existed | 20487 |
| prior to September 3, 1996. | 20488 |
| Sec. 2913.40. (A) As used in this section: | 20489 |
| (1) "Statement or representation" means any oral, written, | 20490 |
| electronic, electronic impulse, or magnetic communication that is | 20491 |
| used to identify an item of goods or a service for which | 20492 |
| reimbursement may be made under the medical assistance program or | 20493 |
| that states income and expense and is or may be used to determine | 20494 |
| a rate of reimbursement under the medical assistance program. | 20495 |
| (2) "Medical assistance program" means the program | 20496 |
| established by the department of job and family services to | 20497 |
| provide medical assistance under section 5111.01 of the Revised | 20498 |
| Code and the medicaid program of Title XIX of the "Social Security | 20499 |
| Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended. | 20500 |
| (3) "Provider" means any person who has signed a provider | 20501 |
| agreement with the department of job and family services to | 20502 |
| provide goods or services pursuant to the medical assistance | 20503 |
| program or any person who has signed an agreement with a party to | 20504 |
| such a provider agreement under which the person agrees to provide | 20505 |
| goods or services that are reimbursable under the medical | 20506 |
| assistance program. | 20507 |
| (4) "Provider agreement" means an oral or written agreement | 20508 |
| between the department of job and family services and a person in | 20509 |
| which the person agrees to provide goods or services under the | 20510 |
| medical assistance program. | 20511 |
| (5) "Recipient" means any individual who receives goods or | 20512 |
| services from a provider under the medical assistance program. | 20513 |
| (6) "Records" means any medical, professional, financial, or | 20514 |
| business records relating to the treatment or care of any | 20515 |
| recipient, to goods or services provided to any recipient, or to | 20516 |
| rates paid for goods or services provided to any recipient and any | 20517 |
| records that are required by the rules of the director of job and | 20518 |
| family services to be kept for the medical assistance program. | 20519 |
| (B) No person shall knowingly make or cause to be made a | 20520 |
| false or misleading statement or representation for use in | 20521 |
| obtaining reimbursement from the medical assistance program. | 20522 |
| (C) No person, with purpose to commit fraud or knowing that | 20523 |
| the person is facilitating a fraud, shall do either of the | 20524 |
| following: | 20525 |
| (1) Contrary to the terms of the person's provider agreement, | 20526 |
| charge, solicit, accept, or receive for goods or services that the | 20527 |
| person provides under the medical assistance program any property, | 20528 |
| money, or other consideration in addition to the amount of | 20529 |
| reimbursement under the medical assistance program and the | 20530 |
| person's provider agreement for the goods or services and any | 20531 |
| deductibles
or co-payments authorized by
| 20532 |
|
section
5111.0112 of
the Revised Code
or | 20533 |
|
pursuant to | 20534 |
| Revised Code. | 20535 |
| (2) Solicit, offer, or receive any remuneration, other than | 20536 |
| any deductibles or co-payments authorized by section 5111.0112 of | 20537 |
| the Revised Code or
rules adopted under
section
| 20538 |
| 5111.011, or 5111.02 of
the Revised Code | 20539 |
| 20540 | |
| limited to, a kickback or rebate, in connection with the | 20541 |
| furnishing of goods or services for which whole or partial | 20542 |
| reimbursement is or may be made under the medical assistance | 20543 |
| program. | 20544 |
| (D) No person, having submitted a claim for or provided goods | 20545 |
| or services under the medical assistance program, shall do either | 20546 |
| of the following for a period of at least six years after a | 20547 |
| reimbursement pursuant to that claim, or a reimbursement for those | 20548 |
| goods or services, is received under the medical assistance | 20549 |
| program: | 20550 |
| (1) Knowingly alter, falsify, destroy, conceal, or remove any | 20551 |
| records that are necessary to fully disclose the nature of all | 20552 |
| goods or services for which the claim was submitted, or for which | 20553 |
| reimbursement was received, by the person; | 20554 |
| (2) Knowingly alter, falsify, destroy, conceal, or remove any | 20555 |
| records that are necessary to disclose fully all income and | 20556 |
| expenditures upon which rates of reimbursements were based for the | 20557 |
| person. | 20558 |
| (E) Whoever violates this section is guilty of medicaid | 20559 |
| fraud. Except as otherwise provided in this division, medicaid | 20560 |
| fraud is a misdemeanor of the first degree. If the value of | 20561 |
| property, services, or funds obtained in violation of this section | 20562 |
| is five hundred dollars or more and is less than five thousand | 20563 |
| dollars, medicaid fraud is a felony of the fifth degree. If the | 20564 |
| value of property, services, or funds obtained in violation of | 20565 |
| this section is five thousand dollars or more and is less than one | 20566 |
| hundred thousand dollars, medicaid fraud is a felony of the fourth | 20567 |
| degree. If the value of the property, services, or funds obtained | 20568 |
| in violation of this section is one hundred thousand dollars or | 20569 |
| more, medicaid fraud is a felony of the third degree. | 20570 |
| (F) Upon application of the governmental agency, office, or | 20571 |
| other entity that conducted the investigation and prosecution in a | 20572 |
| case under this section, the court shall order any person who is | 20573 |
| convicted of a violation of this section for receiving any | 20574 |
| reimbursement for furnishing goods or services under the medical | 20575 |
| assistance program to which the person is not entitled to pay to | 20576 |
| the applicant its cost of investigating and prosecuting the case. | 20577 |
| The costs of investigation and prosecution that a defendant is | 20578 |
| ordered to pay pursuant to this division shall be in addition to | 20579 |
| any other penalties for the receipt of that reimbursement that are | 20580 |
| provided in this section, section 5111.03 of the Revised Code, or | 20581 |
| any other provision of law. | 20582 |
| (G) The provisions of this section are not intended to be | 20583 |
| exclusive remedies and do not preclude the use of any other | 20584 |
| criminal or civil remedy for any act that is in violation of this | 20585 |
| section. | 20586 |
| Sec. 2913.401. (A) As used in this section: | 20587 |
| (1) "Medicaid benefits" means benefits under the medical | 20588 |
| assistance program established under Chapter 5111. of the Revised | 20589 |
| Code. | 20590 |
| (2) "Property" means any real or personal property or other | 20591 |
| asset in which a person has any legal title or interest. | 20592 |
| (B) No person shall knowingly do any of the following in an | 20593 |
| application for medicaid benefits or in a document that requires a | 20594 |
| disclosure of assets for the purpose of determining eligibility to | 20595 |
| receive medicaid benefits: | 20596 |
| (1) Make or cause to be made a false or misleading statement; | 20597 |
| (2) Conceal an interest in property; | 20598 |
| (3)(a) Except as provided in division (B)(3)(b) of this | 20599 |
| section, fail to disclose a transfer of property that occurred | 20600 |
| during the period beginning thirty-six months before submission of | 20601 |
| the application or document and ending on the date the application | 20602 |
| or document was submitted; | 20603 |
| (b) Fail to disclose a transfer of property that occurred | 20604 |
| during the period beginning sixty months before submission of the | 20605 |
| application or document and ending on the date the application or | 20606 |
| document was submitted and that was made to an irrevocable trust a | 20607 |
| portion of which is not distributable to the applicant for | 20608 |
| medicaid benefits or the recipient of medicaid benefits or to a | 20609 |
| revocable trust. | 20610 |
| (C)(1) Whoever violates this section is guilty of medicaid | 20611 |
| eligibility fraud. Except as otherwise provided in this division, | 20612 |
| a violation of this section is a misdemeanor of the first degree. | 20613 |
| If the value of the medicaid benefits paid as a result of the | 20614 |
| violation is five hundred dollars or more and is less than five | 20615 |
| thousand dollars, a violation of this section is a felony of the | 20616 |
| fifth degree. If the value of the medicaid benefits paid as a | 20617 |
| result of the violation is five thousand dollars or more and is | 20618 |
| less than one hundred thousand dollars, a violation of this | 20619 |
| section is a felony of the fourth degree. If the value of the | 20620 |
| medicaid benefits paid as a result of the violation is one hundred | 20621 |
| thousand dollars or more, a violation of this section is a felony | 20622 |
| of the third degree. | 20623 |
| (2) In addition to imposing a sentence under division (C)(1) | 20624 |
| of this section, the court shall order that a person who is guilty | 20625 |
| of medicaid eligibility fraud make restitution in the full amount | 20626 |
| of any medicaid benefits paid on behalf of an applicant for or | 20627 |
| recipient of medicaid benefits for which the applicant or | 20628 |
| recipient was not eligible, plus interest at the rate applicable | 20629 |
| to judgments on unreimbursed amounts from the date on which the | 20630 |
| benefits were paid to the date on which restitution is made. | 20631 |
| (3) The remedies and penalties provided in this section are | 20632 |
| not exclusive and do not preclude the use of any other criminal or | 20633 |
| civil remedy for any act that is in violation of this section. | 20634 |
| (D) This section does not apply to a person who fully | 20635 |
| disclosed in an application for medicaid benefits or in a document | 20636 |
| that requires a disclosure of assets for the purpose of | 20637 |
| determining eligibility to receive medicaid benefits all of the | 20638 |
| interests in property of the applicant for or recipient of | 20639 |
| medicaid benefits, all transfers of property by the applicant for | 20640 |
| or recipient of medicaid benefits, and the circumstances of all | 20641 |
| those transfers. | 20642 |
| (E) Any amounts of medicaid benefits recovered as restitution | 20643 |
| under this section and any interest on those amounts shall be | 20644 |
| credited to the general revenue fund, and any applicable federal | 20645 |
| share shall be returned to the appropriate agency or department of | 20646 |
| the United States. | 20647 |
| Sec. 2921.13. (A) No person shall knowingly make a false | 20648 |
| statement, or knowingly swear or affirm the truth of a false | 20649 |
| statement previously made, when any of the following applies: | 20650 |
| (1) The statement is made in any official proceeding. | 20651 |
| (2) The statement is made with purpose to incriminate | 20652 |
| another. | 20653 |
| (3) The statement is made with purpose to mislead a public | 20654 |
| official in performing the public official's official function. | 20655 |
| (4) The statement is made with purpose to secure the payment | 20656 |
| of unemployment compensation; Ohio works first; prevention, | 20657 |
| retention, and contingency benefits and services; disability | 20658 |
| financial assistance; retirement benefits; economic development | 20659 |
| assistance, as defined in section 9.66 of the Revised Code; or | 20660 |
| other benefits administered by a governmental agency or paid out | 20661 |
| of a public treasury. | 20662 |
| (5) The statement is made with purpose to secure the issuance | 20663 |
| by a governmental agency of a license, permit, authorization, | 20664 |
| certificate, registration, release, or provider agreement. | 20665 |
| (6) The statement is sworn or affirmed before a notary public | 20666 |
| or another person empowered to administer oaths. | 20667 |
| (7) The statement is in writing on or in connection with a | 20668 |
| report or return that is required or authorized by law. | 20669 |
| (8) The statement is in writing and is made with purpose to | 20670 |
| induce another to extend credit to or employ the offender, to | 20671 |
| confer any degree, diploma, certificate of attainment, award of | 20672 |
| excellence, or honor on the offender, or to extend to or bestow | 20673 |
| upon the offender any other valuable benefit or distinction, when | 20674 |
| the person to whom the statement is directed relies upon it to | 20675 |
| that person's detriment. | 20676 |
| (9) The statement is made with purpose to commit or | 20677 |
| facilitate the commission of a theft offense. | 20678 |
| (10) The statement is knowingly made to a probate court in | 20679 |
| connection with any action, proceeding, or other matter within its | 20680 |
| jurisdiction, either orally or in a written document, including, | 20681 |
| but not limited to, an application, petition, complaint, or other | 20682 |
| pleading, or an inventory, account, or report. | 20683 |
| (11) The statement is made on an account, form, record, | 20684 |
| stamp, label, or other writing that is required by law. | 20685 |
| (12) The statement is made in connection with the purchase of | 20686 |
| a firearm, as defined in section 2923.11 of the Revised Code, and | 20687 |
| in conjunction with the furnishing to the seller of the firearm of | 20688 |
| a fictitious or altered driver's or commercial driver's license or | 20689 |
| permit, a fictitious or altered identification card, or any other | 20690 |
| document that contains false information about the purchaser's | 20691 |
| identity. | 20692 |
| (13) The statement is made in a document or instrument of | 20693 |
| writing that purports to be a judgment, lien, or claim of | 20694 |
| indebtedness and is filed or recorded with the secretary of state, | 20695 |
| a county recorder, or the clerk of a court of record. | 20696 |
| (14) The statement is made with purpose to obtain an Ohio's | 20697 |
| best Rx program enrollment card under section 5110.09 of the | 20698 |
| Revised Code or a payment from the department of job and family | 20699 |
| services under section 5110.17 of the Revised Code. | 20700 |
| | 20701 |
| county sheriff pursuant to section 2923.125 of the Revised Code in | 20702 |
| order to obtain or renew a license to carry a concealed handgun or | 20703 |
| is made in an affidavit submitted to a county sheriff to obtain a | 20704 |
| temporary emergency license to carry a concealed handgun under | 20705 |
| section 2923.1213 of the Revised Code. | 20706 |
| (16) The statement is required under section 5743.72 of the | 20707 |
| Revised Code in connection with the person's purchase of | 20708 |
| cigarettes or tobacco products in a delivery sale. | 20709 |
| (B) No person, in connection with the purchase of a firearm, | 20710 |
| as defined in section 2923.11 of the Revised Code, shall knowingly | 20711 |
| furnish to the seller of the firearm a fictitious or altered | 20712 |
| driver's or commercial driver's license or permit, a fictitious or | 20713 |
| altered identification card, or any other document that contains | 20714 |
| false information about the purchaser's identity. | 20715 |
| (C) No person, in an attempt to obtain a license to carry a | 20716 |
| concealed handgun under section 2923.125 of the Revised Code, | 20717 |
| shall knowingly present to a sheriff a fictitious or altered | 20718 |
| document that purports to be certification of the person's | 20719 |
| competence in handling a handgun as described in division (B)(3) | 20720 |
| of section 2923.125 of the Revised Code. | 20721 |
| (D) It is no defense to a charge under division (A)(6) of | 20722 |
| this section that the oath or affirmation was administered or | 20723 |
| taken in an irregular manner. | 20724 |
| (E) If contradictory statements relating to the same fact are | 20725 |
| made by the offender within the period of the statute of | 20726 |
| limitations for falsification, it is not necessary for the | 20727 |
| prosecution to prove which statement was false but only that one | 20728 |
| or the other was false. | 20729 |
| (F)(1) Whoever violates division (A)(1), (2), (3), (4), (5), | 20730 |
|
(6), (7), (8), (10), (11), (13), | 20731 |
| is guilty of falsification, a misdemeanor of the first degree. | 20732 |
| (2) Whoever violates division (A)(9) of this section is | 20733 |
| guilty of falsification in a theft offense. Except as otherwise | 20734 |
| provided in this division, falsification in a theft offense is a | 20735 |
| misdemeanor of the first degree. If the value of the property or | 20736 |
| services stolen is five hundred dollars or more and is less than | 20737 |
| five thousand dollars, falsification in a theft offense is a | 20738 |
| felony of the fifth degree. If the value of the property or | 20739 |
| services stolen is five thousand dollars or more and is less than | 20740 |
| one hundred thousand dollars, falsification in a theft offense is | 20741 |
| a felony of the fourth degree. If the value of the property or | 20742 |
| services stolen is one hundred thousand dollars or more, | 20743 |
| falsification in a theft offense is a felony of the third degree. | 20744 |
| (3) Whoever violates division (A)(12) or (B) of this section | 20745 |
| is guilty of falsification to purchase a firearm, a felony of the | 20746 |
| fifth degree. | 20747 |
| (4) Whoever violates division (A) | 20748 |
| section is guilty of falsification to obtain a concealed handgun | 20749 |
| license, a felony of the fourth degree. | 20750 |
| (G) A person who violates this section is liable in a civil | 20751 |
| action to any person harmed by the violation for injury, death, or | 20752 |
| loss to person or property incurred as a result of the commission | 20753 |
| of the offense and for reasonable attorney's fees, court costs, | 20754 |
| and other expenses incurred as a result of prosecuting the civil | 20755 |
| action commenced under this division. A civil action under this | 20756 |
| division is not the exclusive remedy of a person who incurs | 20757 |
| injury, death, or loss to person or property as a result of a | 20758 |
| violation of this section. | 20759 |
| Sec. 2923.25. Each federally licensed firearms dealer who | 20760 |
| sells any firearm, at the time of the sale of the firearm, shall | 20761 |
| offer for sale to the purchaser of the firearm a trigger lock, gun | 20762 |
| lock, or gun locking device that is appropriate for that firearm. | 20763 |
| Each federally licensed firearms dealer shall post in a | 20764 |
| conspicuous location in the dealer's place of business the poster | 20765 |
| furnished to the dealer pursuant to section | 20766 |
| Revised Code and shall make available to all purchasers of | 20767 |
| firearms from the dealer the brochure furnished to the dealer | 20768 |
| pursuant to that section. | 20769 |
| As used in this section, "federally licensed firearms dealer" | 20770 |
| has the same meaning as in section | 20771 |
| Code. | 20772 |
| Sec. 2923.35. (A)(1) With respect to property ordered | 20773 |
| forfeited under section 2923.32 of the Revised Code, with respect | 20774 |
| to any fine or civil penalty imposed in any criminal or civil | 20775 |
| proceeding under section 2923.32 or 2923.34 of the Revised Code, | 20776 |
| and with respect to any fine imposed for a violation of section | 20777 |
| 2923.01 of the Revised Code for conspiracy to violate section | 20778 |
| 2923.32 of the Revised Code, the court, upon petition of the | 20779 |
| prosecuting attorney, may do any of the following: | 20780 |
| (a) Authorize the prosecuting attorney to settle claims; | 20781 |
| (b) Award compensation to persons who provide information | 20782 |
| that results in a forfeiture, fine, or civil penalty under section | 20783 |
| 2923.32 or 2923.34 of the Revised Code; | 20784 |
| (c) Grant petitions for mitigation or remission of | 20785 |
| forfeiture, fines, or civil penalties, or restore forfeited | 20786 |
| property, imposed fines, or imposed civil penalties to persons | 20787 |
| injured by the violation; | 20788 |
| (d) Take any other action to protect the rights of innocent | 20789 |
| persons that is in the interest of justice and that is consistent | 20790 |
| with the purposes of sections 2923.31 to 2923.36 of the Revised | 20791 |
| Code. | 20792 |
| (2) The court shall maintain an accurate record of the | 20793 |
| actions it takes under division (A)(1) of this section with | 20794 |
| respect to the property ordered forfeited or the fine or civil | 20795 |
| penalty. The record is a public record open for inspection under | 20796 |
| section 149.43 of the Revised Code. | 20797 |
| (B)(1) After the application of division (A) of this section, | 20798 |
| any person who prevails in a civil action pursuant to section | 20799 |
| 2923.34 of the Revised Code has a right to any property, or the | 20800 |
| proceeds of any property, criminally forfeited to the state | 20801 |
| pursuant to section 2923.32 of the Revised Code or against which | 20802 |
| any fine under that section or civil penalty under division (I) of | 20803 |
| section 2923.34 of the Revised Code may be imposed. | 20804 |
| The right of any person who prevails in a civil action | 20805 |
| pursuant to section 2923.34 of the Revised Code, other than a | 20806 |
| prosecuting attorney performing official duties under that | 20807 |
| section, to forfeited property, property against which fines and | 20808 |
| civil penalties may be imposed, and the proceeds of that property | 20809 |
| is superior to any right of the state, a municipal corporation, or | 20810 |
| a county to the property or the proceeds of the property, if the | 20811 |
| civil action is brought within one hundred eighty days after the | 20812 |
| entry of a sentence of forfeiture or a fine pursuant to section | 20813 |
| 2923.32 of the Revised Code or the entry of a civil penalty | 20814 |
| pursuant to division (I) of section 2923.34 of the Revised Code. | 20815 |
| The right is limited to the total value of the treble | 20816 |
| damages, civil penalties, attorney's fees, and costs awarded to | 20817 |
| the prevailing party in an action pursuant to section 2923.34 of | 20818 |
| the Revised Code, less any restitution received by the person. | 20819 |
| (2) If the aggregate amount of claims of persons who have | 20820 |
| prevailed in a civil action pursuant to section 2923.34 of the | 20821 |
| Revised Code against any one defendant is greater than the total | 20822 |
| value of the treble fines, civil penalties, and forfeited property | 20823 |
| paid by the person against whom the actions were brought, all of | 20824 |
| the persons who brought their actions within one hundred eighty | 20825 |
| days after the entry of a sentence or disposition of forfeiture or | 20826 |
| a fine pursuant to section 2923.32 of the Revised Code or the | 20827 |
| entry of a civil penalty pursuant to division (I) of section | 20828 |
| 2923.34 of the Revised Code, first shall receive a pro rata share | 20829 |
| of the total amount of the fines, civil penalties, and forfeited | 20830 |
| property. After the persons who brought their actions within the | 20831 |
| specified one-hundred-eighty-day period have satisfied their | 20832 |
| claims out of the fines, civil penalties, and forfeited property, | 20833 |
| all other persons who prevailed in civil actions pursuant to | 20834 |
| section 2923.34 of the Revised Code shall receive a pro rata share | 20835 |
| of the total amount of the fines, civil penalties, and forfeited | 20836 |
| property that remains in the custody of the law enforcement agency | 20837 |
| or in the corrupt activity investigation and prosecution fund. | 20838 |
| (C)(1) Subject to divisions (A) and (B) of this section and | 20839 |
| notwithstanding any contrary provision of section 2933.41 of the | 20840 |
| Revised Code, the prosecuting attorney shall order the disposal of | 20841 |
| property ordered forfeited in any proceeding under sections | 20842 |
| 2923.32 and 2923.34 of the Revised Code as soon as feasible, | 20843 |
| making due provisions for the rights of innocent persons, by any | 20844 |
| of the following methods: | 20845 |
| (a) Transfer to any person who prevails in a civil action | 20846 |
| pursuant to section 2923.34 of the Revised Code, subject to the | 20847 |
| limit set forth in division (B)(1) of this section; | 20848 |
| (b) Public sale; | 20849 |
| (c) Transfer to a state governmental agency for official use; | 20850 |
| (d) Sale or transfer to an innocent person; | 20851 |
| (e) If the property is contraband and is not needed for | 20852 |
| evidence in any pending criminal or civil proceeding, pursuant to | 20853 |
| section 2933.41 or any other applicable section of the Revised | 20854 |
| Code. | 20855 |
| (2) Any interest in personal or real property not disposed of | 20856 |
| pursuant to this division and not exercisable by, or transferable | 20857 |
| for value to, the state shall expire and shall not revert to the | 20858 |
| person found guilty of or adjudicated a delinquent child for a | 20859 |
| violation of section 2923.32 of the Revised Code. No person found | 20860 |
| guilty of or adjudicated a delinquent child for a violation of | 20861 |
| that section and no person acting in concert with a person found | 20862 |
| guilty of or adjudicated a delinquent child for a violation of | 20863 |
| that section is eligible to purchase forfeited property from the | 20864 |
| state. | 20865 |
| (3) Upon application of a person, other than the defendant, | 20866 |
| the adjudicated delinquent child, or a person acting in concert | 20867 |
| with or on behalf of either the defendant or the adjudicated | 20868 |
| delinquent child, the court may restrain or stay the disposal of | 20869 |
| the property pursuant to this division pending the conclusion of | 20870 |
| any appeal of the criminal case or delinquency case giving rise to | 20871 |
| the forfeiture or pending the determination of the validity of a | 20872 |
| claim to or interest in the property pursuant to division (E) of | 20873 |
| section 2923.32 of the Revised Code, if the applicant demonstrates | 20874 |
| that proceeding with the disposal of the property will result in | 20875 |
| irreparable injury, harm, or loss to the applicant. | 20876 |
| (4) The prosecuting attorney shall maintain an accurate | 20877 |
| record of each item of property disposed of pursuant to this | 20878 |
| division, which record shall include the date on which each item | 20879 |
| came into the prosecuting attorney's custody, the manner and date | 20880 |
| of disposition, and, if applicable, the name of the person who | 20881 |
| received the item. The record shall not identify or enable the | 20882 |
| identification of the individual officer who seized the property, | 20883 |
| and the record is a public record open for inspection under | 20884 |
| section 149.43 of the Revised Code. | 20885 |
| Each prosecuting attorney who disposes in any calendar year | 20886 |
| of any item of property pursuant to this division shall prepare a | 20887 |
| report covering the calendar year that cumulates all of the | 20888 |
| information contained in all of the records kept by the | 20889 |
| prosecuting attorney pursuant to this division for that calendar | 20890 |
| year and shall send the cumulative report, no later than the first | 20891 |
| day of March in the calendar year following the calendar year | 20892 |
| covered by the report, to the attorney general. Each report | 20893 |
| received by the attorney general is a public record open for | 20894 |
| inspection under section 149.43 of the Revised Code. Not later | 20895 |
| than the fifteenth day of April in the calendar year following the | 20896 |
| calendar year covered by the reports, the attorney general shall | 20897 |
| send to the president of the senate and the speaker of the house | 20898 |
| of representatives a written notification that does all of the | 20899 |
| following: | 20900 |
| (a) Indicates that the attorney general has received from | 20901 |
| prosecuting attorneys reports of the type described in this | 20902 |
| division that cover the previous calendar year and indicates that | 20903 |
| the reports were received under this division; | 20904 |
| (b) Indicates that the reports are open for inspection under | 20905 |
| section 149.43 of the Revised Code; | 20906 |
| (c) Indicates that the attorney general will provide a copy | 20907 |
| of any or all of the reports to the president of the senate or the | 20908 |
| speaker of the house of representatives upon request. | 20909 |
| (D)(1)(a) Ten per cent of the proceeds of all property | 20910 |
| ordered forfeited by a juvenile court pursuant to section 2923.32 | 20911 |
| of the Revised Code shall be applied to one or more alcohol and | 20912 |
| drug addiction treatment programs that are certified by the | 20913 |
| department of alcohol and drug addiction services under section | 20914 |
| 3793.06 of the Revised Code and that are specified in the order of | 20915 |
| forfeiture. A juvenile court shall not specify an alcohol or drug | 20916 |
| addiction treatment program in the order of forfeiture unless the | 20917 |
| program is a certified alcohol and drug addiction treatment | 20918 |
| program and, except as provided in division (D)(1)(a) of this | 20919 |
| section, unless the program is located in the county in which the | 20920 |
| court that orders the forfeiture is located or in a contiguous | 20921 |
| county. If no certified alcohol and drug addiction treatment | 20922 |
| program is located in any of those counties, the juvenile court | 20923 |
| may specify in the order a certified alcohol and drug addiction | 20924 |
| treatment program located anywhere within this state. The | 20925 |
| remaining ninety per cent of the proceeds shall be disposed of as | 20926 |
| provided in divisions (D)(1)(b) and (D)(2) of this section. | 20927 |
| All of the proceeds of all property ordered forfeited by a | 20928 |
| court other than a juvenile court pursuant to section 2923.32 of | 20929 |
| the Revised Code shall be disposed of as provided in divisions | 20930 |
| (D)(1)(b) and (D)(2) of this section. | 20931 |
| (b) The remaining proceeds of all property ordered forfeited | 20932 |
| pursuant to section 2923.32 of the Revised Code, after compliance | 20933 |
| with division (D)(1)(a) of this section when that division is | 20934 |
| applicable, and all fines and civil penalties imposed pursuant to | 20935 |
| sections 2923.32 and 2923.34 of the Revised Code shall be | 20936 |
| deposited into the state treasury and credited to the corrupt | 20937 |
| activity investigation and prosecution fund, which is hereby | 20938 |
| created. | 20939 |
| (2) The proceeds, fines, and penalties credited to the | 20940 |
| corrupt activity investigation and prosecution fund pursuant to | 20941 |
| division (D)(1) of this section shall be disposed of in the | 20942 |
| following order: | 20943 |
| (a) To a civil plaintiff in an action brought within the | 20944 |
| one-hundred-eighty-day time period specified in division (B)(1) of | 20945 |
| this section, subject to the limit set forth in that division; | 20946 |
| (b) To the payment of the fees and costs of the forfeiture | 20947 |
| and sale, including expenses of seizure, maintenance, and custody | 20948 |
| of the property pending its disposition, advertising, and court | 20949 |
| costs; | 20950 |
| (c) Except as otherwise provided in division (D)(2)(c) of | 20951 |
| this section, the remainder shall be paid to the law enforcement | 20952 |
| trust fund of the prosecuting attorney that is established | 20953 |
| pursuant to division (D)(1)(c) of section 2933.43 of the Revised | 20954 |
| Code and to the law enforcement trust fund of the county sheriff | 20955 |
| that is established pursuant to that division if the county | 20956 |
| sheriff substantially conducted the investigation, to the law | 20957 |
| enforcement trust fund of a municipal corporation that is | 20958 |
| established pursuant to that division if its police department | 20959 |
| substantially conducted the investigation, to the law enforcement | 20960 |
| trust fund of a township that is established pursuant to that | 20961 |
| division if the investigation was substantially conducted by a | 20962 |
| township police department, township police district police force, | 20963 |
| or office of a township constable, or to the law enforcement trust | 20964 |
| fund of a park district created pursuant to section 511.18 or | 20965 |
| 1545.01 of the Revised Code that is established pursuant to that | 20966 |
| division if the investigation was substantially conducted by its | 20967 |
| park district police force or law enforcement department. The | 20968 |
| prosecuting attorney may decline to accept any of the remaining | 20969 |
| proceeds, fines, and penalties, and, if the prosecuting attorney | 20970 |
| so declines, they shall be applied to the fund described in | 20971 |
| division (D)(2)(c) of this section that relates to the appropriate | 20972 |
| law enforcement agency that substantially conducted the | 20973 |
| investigation. | 20974 |
| If the state highway patrol substantially conducted the | 20975 |
| investigation, the director of budget and management shall | 20976 |
| transfer the remaining proceeds, fines, and penalties to the state | 20977 |
| highway patrol for deposit into the | 20978 |
| contraband, forfeiture, and other fund that is created by division | 20979 |
| (D)(1)(c) of section 2933.43 of the Revised Code. If the | 20980 |
| department of taxation substantially conducted the investigation, | 20981 |
| the director | 20982 |
| penalties to the department for deposit into the department of | 20983 |
| taxation enforcement fund. If the state board of pharmacy | 20984 |
| substantially conducted the investigation, the director shall | 20985 |
| transfer the remaining proceeds, fines, and penalties to the board | 20986 |
| for deposit into the board of pharmacy drug law enforcement fund | 20987 |
| that is created by division (B)(1) of section 4729.65 of the | 20988 |
| Revised Code. If a state law enforcement agency, other than the | 20989 |
| state highway patrol, the department of taxation, or the state | 20990 |
| board of pharmacy, substantially conducted the investigation, the | 20991 |
| director shall transfer the remaining proceeds, fines, and | 20992 |
| penalties to the treasurer of state for deposit into the peace | 20993 |
| officer training commission fund. | 20994 |
| The remaining proceeds, fines, and penalties that are paid to | 20995 |
| a law enforcement trust fund or that are deposited into the
| 20996 |
| highway patrol state contraband, forfeiture, and other fund, the | 20997 |
| department of taxation enforcement fund, the board of pharmacy | 20998 |
| drug law enforcement fund, or the peace officer training | 20999 |
| commission fund pursuant to division (D)(2)(c) of this section | 21000 |
| shall be allocated, used, and expended only in accordance with | 21001 |
| division (D)(1)(c) of section 2933.43 of the Revised Code, only in | 21002 |
| accordance with a written internal control policy adopted under | 21003 |
| division (D)(3) of that section, and, if applicable, only in | 21004 |
| accordance with division (B) of section 4729.65 of the Revised | 21005 |
| Code. The annual reports that pertain to the funds and that are | 21006 |
| required by divisions (D)(1)(c) and (3)(b) of section 2933.43 of | 21007 |
| the Revised Code also shall address the remaining proceeds, fines, | 21008 |
| and penalties that are paid or deposited into the funds pursuant | 21009 |
| to division (D)(2)(c) of this section. | 21010 |
| (3) If more than one law enforcement agency substantially | 21011 |
| conducted the investigation, the court ordering the forfeiture | 21012 |
| shall equitably divide the remaining proceeds, fines, and | 21013 |
| penalties among the law enforcement agencies that substantially | 21014 |
| conducted the investigation, in the manner described in division | 21015 |
| (D)(2) of section 2933.43 of the Revised Code for the equitable | 21016 |
| division of contraband proceeds and forfeited moneys. The | 21017 |
| equitable shares of the proceeds, fines, and penalties so | 21018 |
| determined by the court shall be paid or deposited into the | 21019 |
| appropriate funds specified in division (D)(2)(c) of this section. | 21020 |
| (E) As used in this section, "law enforcement agency" | 21021 |
| includes, but is not limited to, the state board of pharmacy and | 21022 |
| the department of taxation. | 21023 |
| Sec. 2923.46. (A) If property is seized pursuant to section | 21024 |
| 2923.44 or 2923.45 of the Revised Code, it is considered to be in | 21025 |
| the custody of the head of the law enforcement agency that seized | 21026 |
| it, and the head of that agency may do any of the following with | 21027 |
| respect to that property prior to its disposition in accordance | 21028 |
| with division (A)(4) or (B) of this section: | 21029 |
| (1) Place the property under seal; | 21030 |
| (2) Remove the property to a place that the head of that | 21031 |
| agency designates; | 21032 |
| (3) Request the issuance of a court order that requires any | 21033 |
| other appropriate municipal corporation, county, township, park | 21034 |
| district created pursuant to section 511.18 or 1545.01 of the | 21035 |
| Revised Code, or state law enforcement officer or other officer to | 21036 |
| take custody of the property and, if practicable, remove it to an | 21037 |
| appropriate location for eventual disposition in accordance with | 21038 |
| division (B) of this section; | 21039 |
| (4)(a) Seek forfeiture of the property pursuant to federal | 21040 |
| law. If the head of that agency seeks its forfeiture pursuant to | 21041 |
| federal law, the law enforcement agency shall deposit, use, and | 21042 |
| account for proceeds from a sale of the property upon its | 21043 |
| forfeiture, proceeds from another disposition of the property upon | 21044 |
| its forfeiture, or forfeited moneys it receives, in accordance | 21045 |
| with the applicable federal law and otherwise shall comply with | 21046 |
| that law. | 21047 |
| (b) If the state highway patrol seized the property and if | 21048 |
| the superintendent of the state highway patrol seeks its | 21049 |
| forfeiture pursuant to federal law, the appropriate governmental | 21050 |
| officials shall deposit into the
| 21051 |
| contraband, forfeiture, and other fund all interest or other | 21052 |
| earnings derived from the investment of the proceeds from a sale | 21053 |
| of the property upon its forfeiture, the proceeds from another | 21054 |
| disposition of the property upon its forfeiture, or the forfeited | 21055 |
| moneys. The state highway patrol shall use and account for that | 21056 |
| interest or other earnings in accordance with the applicable | 21057 |
| federal law. | 21058 |
| (c) Division (B) of this section and divisions (D)(1) to (3) | 21059 |
| of section 2933.43 of the Revised Code do not apply to proceeds or | 21060 |
| forfeited moneys received pursuant to federal law or to the | 21061 |
| interest or other earnings that are derived from the investment of | 21062 |
| proceeds or forfeited moneys received pursuant to federal law and | 21063 |
| that are described in division (A)(4)(b) of this section. | 21064 |
| (B) In addition to complying with any requirements imposed by | 21065 |
| a court pursuant to section 2923.44 or 2923.45 of the Revised | 21066 |
| Code, and the requirements imposed by those sections, in relation | 21067 |
| to the disposition of property forfeited to the state under either | 21068 |
| of those sections, the prosecuting attorney who is responsible for | 21069 |
| its disposition shall dispose of the property as follows: | 21070 |
| (1) Any vehicle that was used in a violation of section | 21071 |
| 2923.42 of the Revised Code or in an act of a juvenile that is a | 21072 |
| violation of section 2923.42 of the Revised Code shall be given to | 21073 |
| the law enforcement agency of the municipal corporation or county | 21074 |
| in which the offense or act occurred if that agency desires to | 21075 |
| have the vehicle, except that, if the offense or act occurred in a | 21076 |
| township or in a park district created pursuant to section 511.18 | 21077 |
| or 1545.01 of the Revised Code and a law enforcement officer | 21078 |
| employed by the township or the park district was involved in the | 21079 |
| seizure of the vehicle, the vehicle may be given to the law | 21080 |
| enforcement agency of that township or park district if that | 21081 |
| agency desires to have the vehicle, and except that, if the state | 21082 |
| highway patrol made the seizure of the vehicle, the vehicle may be | 21083 |
| given to the state highway patrol if it desires to have the | 21084 |
| vehicle. | 21085 |
| (2) Drugs shall be disposed of pursuant to section 3719.11 of | 21086 |
| the Revised Code or placed in the custody of the secretary of the | 21087 |
| treasury of the United States for disposal or use for medical or | 21088 |
| scientific purposes under applicable federal law. | 21089 |
| (3) Firearms and dangerous ordnance suitable for police work | 21090 |
| may be given to a law enforcement agency for that purpose. | 21091 |
| Firearms suitable for sporting use, or as museum pieces or | 21092 |
| collectors' items, may be disposed of by sale pursuant to division | 21093 |
| (B)(7) of this section. Other firearms and dangerous ordnance | 21094 |
| shall be destroyed by a law enforcement agency or shall be sent to | 21095 |
| the bureau of criminal identification and investigation for | 21096 |
| destruction by it. | 21097 |
| (4) Computers, computer networks, computer systems, and | 21098 |
| computer software suitable for police work may be given to a law | 21099 |
| enforcement agency for that purpose. Other computers, computer | 21100 |
| networks, computer systems, and computer software shall be | 21101 |
| disposed of by sale pursuant to division (B)(7) of this section or | 21102 |
| disposed of in another manner that the court that issued the order | 21103 |
| of forfeiture considers proper under the circumstances. | 21104 |
| (5) Obscene materials shall be destroyed. | 21105 |
| (6) Beer, intoxicating liquor, and alcohol shall be disposed | 21106 |
| of in accordance with division (D)(4) of section 2933.41 of the | 21107 |
| Revised Code. | 21108 |
| (7) In the case of property not described in divisions (B)(1) | 21109 |
| to (6) of this section and of property described in those | 21110 |
| divisions but not disposed of pursuant to them, the property shall | 21111 |
| be sold in accordance with division (B)(7) of this section or, in | 21112 |
| the case of forfeited moneys, disposed of in accordance with | 21113 |
| division (B)(7) of this section. If the property is to be sold, | 21114 |
| the prosecuting attorney shall cause a notice of the proposed sale | 21115 |
| of the property to be given in accordance with law, and the | 21116 |
| property shall be sold, without appraisal, at a public auction to | 21117 |
| the highest bidder for cash. The proceeds of a sale and forfeited | 21118 |
| moneys shall be applied in the following order: | 21119 |
| (a) First, to the payment of the costs incurred in connection | 21120 |
| with the seizure of, storage of, maintenance of, and provision of | 21121 |
| security for the property, the forfeiture proceeding or civil | 21122 |
| action, and, if any, the sale; | 21123 |
| (b) Second, the remaining proceeds or forfeited moneys after | 21124 |
| compliance with division (B)(7)(a) of this section, to the payment | 21125 |
| of the value of any legal right, title, or interest in the | 21126 |
| property that is possessed by a person who, pursuant to division | 21127 |
| (F) of section 2923.44 of the Revised Code or division (E) of | 21128 |
| section 2923.45 of the Revised Code, established the validity of | 21129 |
| and consequently preserved that legal right, title, or interest, | 21130 |
| including, but not limited to, any mortgage, perfected or other | 21131 |
| security interest, or other lien in the property. The value of | 21132 |
| these rights, titles, or interests shall be paid according to | 21133 |
| their record or other order of priority. | 21134 |
| (c) Third, the remaining proceeds or forfeited moneys after | 21135 |
| compliance with divisions (B)(7)(a) and (b) of this section, as | 21136 |
| follows: | 21137 |
| (i) If the forfeiture was ordered in a juvenile court, ten | 21138 |
| per cent to one or more alcohol and drug addiction treatment | 21139 |
| programs that are certified by the department of alcohol and drug | 21140 |
| addiction services under section 3793.06 of the Revised Code and | 21141 |
| that are specified in the order of forfeiture. A juvenile court | 21142 |
| shall not specify an alcohol or drug addiction treatment program | 21143 |
| in the order of forfeiture unless the program is a certified | 21144 |
| alcohol and drug addiction treatment program and, except as | 21145 |
| provided in division (B)(7)(c)(i) of this section, unless the | 21146 |
| program is located in the county in which the court that orders | 21147 |
| the forfeiture is located or in a contiguous county. If no | 21148 |
| certified alcohol and drug addiction treatment program is located | 21149 |
| in any of those counties, the juvenile court may specify in the | 21150 |
| order a certified alcohol and drug addiction treatment program | 21151 |
| located anywhere within this state. | 21152 |
| (ii) If the forfeiture was ordered in a juvenile court, | 21153 |
| ninety per cent, and if the forfeiture was ordered in a court | 21154 |
| other than a juvenile court, one hundred per cent to appropriate | 21155 |
| funds in accordance with divisions (D)(1)(c) and (2) of section | 21156 |
| 2933.43 of the Revised Code. The remaining proceeds or forfeited | 21157 |
| moneys so deposited shall be used only for the purposes authorized | 21158 |
| by those divisions and division (D)(3)(a)(ii) of that section. | 21159 |
| (C)(1) Sections 2923.44 to 2923.47 of the Revised Code do not | 21160 |
| preclude a financial institution that possessed a valid mortgage, | 21161 |
| security interest, or lien that is not satisfied prior to a sale | 21162 |
| under division (B)(7) of this section or following a sale by | 21163 |
| application of division (B)(7)(b) of this section, from commencing | 21164 |
| a civil action in any appropriate court in this or another state | 21165 |
| to obtain a deficiency judgment against the debtor if the | 21166 |
| financial institution otherwise would have been entitled to do so | 21167 |
| in this or another state. | 21168 |
| (2) Any law enforcement agency that obtains any vehicle | 21169 |
| pursuant to division (B)(1) of this section shall take the vehicle | 21170 |
| subject to the outstanding amount of any security interest or lien | 21171 |
| that attaches to the vehicle. | 21172 |
| (3) Nothing in this section impairs a mortgage, security | 21173 |
| interest, lien, or other interest of a financial institution in | 21174 |
| property that was the subject of a forfeiture order under section | 21175 |
| 2923.44 or 2923.45 of the Revised Code and that was sold or | 21176 |
| otherwise disposed of in a manner that does not conform to the | 21177 |
| requirements of division (B) of this section, or any right of a | 21178 |
| financial institution of that nature to commence a civil action in | 21179 |
| any appropriate court in this or another state to obtain a | 21180 |
| deficiency judgment against the debtor. | 21181 |
| (4) Following the sale under division (B)(7) of this section | 21182 |
| of any property that is required to be titled or registered under | 21183 |
| the law of this state, the prosecuting attorney responsible for | 21184 |
| the disposition of the property shall cause the state to issue an | 21185 |
| appropriate certificate of title or registration to the purchaser | 21186 |
| of the property. If, in a disposition of property pursuant to | 21187 |
| division (B) of this section, the state or a political subdivision | 21188 |
| is given any property that is required to be titled or registered | 21189 |
| under the law of this state, the prosecuting attorney responsible | 21190 |
| for the disposition of the property shall cause the state to issue | 21191 |
| an appropriate certificate of title or registration to itself or | 21192 |
| to the political subdivision. | 21193 |
| (D) Property that has been forfeited to the state pursuant to | 21194 |
| an order of criminal forfeiture under section 2923.44 of the | 21195 |
| Revised Code or an order of civil forfeiture under section 2923.45 | 21196 |
| of the Revised Code shall not be available for use to pay any fine | 21197 |
| imposed upon a person who is convicted of or pleads guilty to a | 21198 |
| violation of section 2923.42 of the Revised Code or upon a | 21199 |
| juvenile who is found by a juvenile court to be a delinquent child | 21200 |
| for an act that is a violation of section 2923.42 of the Revised | 21201 |
| Code. | 21202 |
| (E) Sections 2923.44 to 2923.47 of the Revised Code do not | 21203 |
| prohibit a law enforcement officer from seeking the forfeiture of | 21204 |
| contraband associated with a violation of section 2923.42 of the | 21205 |
| Revised Code pursuant to section 2933.43 of the Revised Code. | 21206 |
| Sec. 2925.44. (A) If property is seized pursuant to section | 21207 |
| 2925.42 or 2925.43 of the Revised Code, it is deemed to be in the | 21208 |
| custody of the head of the law enforcement agency that seized it, | 21209 |
| and the head of that agency may do any of the following with | 21210 |
| respect to that property prior to its disposition in accordance | 21211 |
| with division (A)(4) or (B) of this section: | 21212 |
| (1) Place the property under seal; | 21213 |
| (2) Remove the property to a place that the head of that | 21214 |
| agency designates; | 21215 |
| (3) Request the issuance of a court order that requires any | 21216 |
| other appropriate municipal corporation, county, township, park | 21217 |
| district created pursuant to section 511.18 or 1545.01 of the | 21218 |
| Revised Code, or state law enforcement officer or other officer to | 21219 |
| take custody of the property and, if practicable, remove it to an | 21220 |
| appropriate location for eventual disposition in accordance with | 21221 |
| division (B) of this section; | 21222 |
| (4)(a) Seek forfeiture of the property pursuant to federal | 21223 |
| law. If the head of that agency seeks its forfeiture pursuant to | 21224 |
| federal law, the law enforcement agency shall deposit, use, and | 21225 |
| account for proceeds from a sale of the property upon its | 21226 |
| forfeiture, proceeds from another disposition of the property upon | 21227 |
| its forfeiture, or forfeited moneys it receives, in accordance | 21228 |
| with the applicable federal law and otherwise shall comply with | 21229 |
| that law. | 21230 |
| (b) If the state highway patrol seized the property and if | 21231 |
| the superintendent of the state highway patrol seeks its | 21232 |
| forfeiture pursuant to federal law, the appropriate governmental | 21233 |
| officials shall deposit into the | 21234 |
| contraband, forfeiture, and other fund all interest or other | 21235 |
| earnings derived from the investment of the proceeds from a sale | 21236 |
| of the property upon its forfeiture, the proceeds from another | 21237 |
| disposition of the property upon its forfeiture, or the forfeited | 21238 |
| moneys. The state highway patrol shall use and account for that | 21239 |
| interest or other earnings in accordance with the applicable | 21240 |
| federal law. | 21241 |
| (c) If the investigative unit of the department of public | 21242 |
| safety seized the property and if the director of public safety | 21243 |
| seeks its forfeiture pursuant to federal law, the appropriate | 21244 |
| governmental officials shall deposit into the department of public | 21245 |
| safety investigative unit
| 21246 |
| federal equitable share account fund all interest or other | 21247 |
| earnings derived from the investment of the proceeds from a sale | 21248 |
| of the property upon its forfeiture, the proceeds from another | 21249 |
| disposition of the property upon its forfeiture, or the forfeited | 21250 |
| moneys. The department shall use and account for that interest or | 21251 |
| other earnings in accordance with the applicable federal law. | 21252 |
| (d) If the enforcement division of the department of taxation | 21253 |
| seized the property and if the tax commissioner seeks its | 21254 |
| forfeiture pursuant to federal law, the appropriate governmental | 21255 |
| officials shall | 21256 |
| enforcement fund all interest or other earnings derived from the | 21257 |
| investment of the proceeds from a sale of the property upon its | 21258 |
| forfeiture, the proceeds from another disposition of the property | 21259 |
| upon its forfeiture, or the forfeited moneys. The department shall | 21260 |
| use and account for that interest or other earnings in accordance | 21261 |
| with the applicable federal law. | 21262 |
| (e) Division (B) of this section and divisions (D)(1) to (3) | 21263 |
| of section 2933.43 of the Revised Code do not apply to proceeds or | 21264 |
| forfeited moneys received pursuant to federal law or to the | 21265 |
| interest or other earnings that are derived from the investment of | 21266 |
| proceeds or forfeited moneys received pursuant to federal law and | 21267 |
| that are described in division (A)(4)(b) or (d) of this section. | 21268 |
| (B) In addition to complying with any requirements imposed by | 21269 |
| a court pursuant to section 2925.42 or 2925.43 of the Revised | 21270 |
| Code, and the requirements imposed by those sections, in relation | 21271 |
| to the disposition of property forfeited to the state under either | 21272 |
| of those sections, the prosecuting attorney who is responsible for | 21273 |
| its disposition shall dispose of the property as follows: | 21274 |
| (1) Any vehicle, as defined in section 4501.01 of the Revised | 21275 |
| Code, that was used in a felony drug abuse offense or in an act | 21276 |
| that, if committed by an adult, would be a felony drug abuse | 21277 |
| offense shall be given to the law enforcement agency of the | 21278 |
| municipal corporation or county in which the offense occurred if | 21279 |
| that agency desires to have the vehicle, except that, if the | 21280 |
| offense occurred in a township or in a park district created | 21281 |
| pursuant to section 511.18 or 1545.01 of the Revised Code and a | 21282 |
| law enforcement officer employed by the township or the park | 21283 |
| district was involved in the seizure of the vehicle, the vehicle | 21284 |
| may be given to the law enforcement agency of that township or | 21285 |
| park district if that agency desires to have the vehicle, and | 21286 |
| except that, if the state highway patrol made the seizure of the | 21287 |
| vehicle, the vehicle may be given to the state highway patrol if | 21288 |
| it desires to have the vehicle. | 21289 |
| (2) Any drug paraphernalia that was used, possessed, sold, or | 21290 |
| manufactured in a violation of section 2925.14 of the Revised Code | 21291 |
| that would be a felony drug abuse offense or in a violation of | 21292 |
| that section committed by a juvenile that, if committed by an | 21293 |
| adult, would be a felony drug abuse offense, may be given to the | 21294 |
| law enforcement agency of the municipal corporation or county in | 21295 |
| which the offense occurred if that agency desires to have and can | 21296 |
| use the drug paraphernalia, except that, if the offense occurred | 21297 |
| in a township or in a park district created pursuant to section | 21298 |
| 511.18 or 1545.01 of the Revised Code and a law enforcement | 21299 |
| officer employed by the township or the park district was involved | 21300 |
| in the seizure of the drug paraphernalia, the drug paraphernalia | 21301 |
| may be given to the law enforcement agency of that township or | 21302 |
| park district if that agency desires to have and can use the drug | 21303 |
| paraphernalia. If the drug paraphernalia is not so given, it shall | 21304 |
| be disposed of by sale pursuant to division (B)(8) of this section | 21305 |
| or disposed of in another manner that the court that issued the | 21306 |
| order of forfeiture considers proper under the circumstances. | 21307 |
| (3) Drugs shall be disposed of pursuant to section 3719.11 of | 21308 |
| the Revised Code or placed in the custody of the secretary of the | 21309 |
| treasury of the United States for disposal or use for medical or | 21310 |
| scientific purposes under applicable federal law. | 21311 |
| (4) Firearms and dangerous ordnance suitable for police work | 21312 |
| may be given to a law enforcement agency for that purpose. | 21313 |
| Firearms suitable for sporting use, or as museum pieces or | 21314 |
| collectors' items, may be disposed of by sale pursuant to division | 21315 |
| (B)(8) of this section. Other firearms and dangerous ordnance | 21316 |
| shall be destroyed by a law enforcement agency or shall be sent to | 21317 |
| the bureau of criminal identification and investigation for | 21318 |
| destruction by it. As used in this division, "firearms" and | 21319 |
| "dangerous ordnance" have the same meanings as in section 2923.11 | 21320 |
| of the Revised Code. | 21321 |
| (5) Computers, computer networks, computer systems, and | 21322 |
| computer software suitable for police work may be given to a law | 21323 |
| enforcement agency for that purpose. Other computers, computer | 21324 |
| networks, computer systems, and computer software shall be | 21325 |
| disposed of by sale pursuant to division (B)(8) of this section or | 21326 |
| disposed of in another manner that the court that issued the order | 21327 |
| of forfeiture considers proper under the circumstances. As used in | 21328 |
| this division, "computers," "computer networks," "computer | 21329 |
| systems," and "computer software" have the same meanings as in | 21330 |
| section 2913.01 of the Revised Code. | 21331 |
| (6) Obscene materials shall be destroyed. | 21332 |
| (7) Beer, intoxicating liquor, and alcohol shall be disposed | 21333 |
| of in accordance with division (D)(4) of section 2933.41 of the | 21334 |
| Revised Code. | 21335 |
| (8) In the case of property not described in divisions (B)(1) | 21336 |
| to (7) of this section and of property described in those | 21337 |
| divisions but not disposed of pursuant to them, the property shall | 21338 |
| be sold in accordance with division (B)(8) of this section or, in | 21339 |
| the case of forfeited moneys, disposed of in accordance with | 21340 |
| division (B)(8) of this section. If the property is to be sold, | 21341 |
| the prosecuting attorney shall cause a notice of the proposed sale | 21342 |
| of the property to be given in accordance with law, and the | 21343 |
| property shall be sold, without appraisal, at a public auction to | 21344 |
| the highest bidder for cash. The proceeds of a sale and forfeited | 21345 |
| moneys shall be applied in the following order: | 21346 |
| (a) First, to the payment of the costs incurred in connection | 21347 |
| with the seizure of, storage of, maintenance of, and provision of | 21348 |
| security for the property, the forfeiture proceeding or civil | 21349 |
| action, and, if any, the sale; | 21350 |
| (b) Second, the remaining proceeds or forfeited moneys after | 21351 |
| compliance with division (B)(8)(a) of this section, to the payment | 21352 |
| of the value of any legal right, title, or interest in the | 21353 |
| property that is possessed by a person who, pursuant to division | 21354 |
| (F) of section 2925.42 of the Revised Code or division (E) of | 21355 |
| section 2925.43 of the Revised Code, established the validity of | 21356 |
| and consequently preserved that legal right, title, or interest, | 21357 |
| including, but not limited to, any mortgage, perfected or other | 21358 |
| security interest, or other lien in the property. The value of | 21359 |
| these rights, titles, or interests shall be paid according to | 21360 |
| their record or other order of priority. | 21361 |
| (c) Third, the remaining proceeds or forfeited moneys after | 21362 |
| compliance with divisions (B)(8)(a) and (b) of this section, as | 21363 |
| follows: | 21364 |
| (i) If the forfeiture was ordered in a juvenile court, ten | 21365 |
| per cent to one or more alcohol and drug addiction treatment | 21366 |
| programs that are certified by the department of alcohol and drug | 21367 |
| addiction services under section 3793.06 of the Revised Code and | 21368 |
| that are specified in the order of forfeiture. A juvenile court | 21369 |
| shall not specify an alcohol or drug addiction treatment program | 21370 |
| in the order of forfeiture unless the program is a certified | 21371 |
| alcohol and drug addiction treatment program and, except as | 21372 |
| provided in division (B)(8)(c)(i) of this section, unless the | 21373 |
| program is located in the county in which the court that orders | 21374 |
| the forfeiture is located or in a contiguous county. If no | 21375 |
| certified alcohol and drug addiction treatment program is located | 21376 |
| in any of those counties, the juvenile court may specify in the | 21377 |
| order a certified alcohol and drug addiction treatment program | 21378 |
| located anywhere within this state. | 21379 |
| (ii) If the forfeiture was ordered in a juvenile court, | 21380 |
| ninety per cent, and if the forfeiture was ordered in a court | 21381 |
| other than a juvenile court, one hundred per cent to appropriate | 21382 |
| funds in accordance with divisions (D)(1)(c) and (2) of section | 21383 |
| 2933.43 of the Revised Code. The remaining proceeds or forfeited | 21384 |
| moneys so deposited shall be used only for the purposes authorized | 21385 |
| by those divisions and division (D)(3)(a)(ii) of that section. | 21386 |
| (C)(1) Sections 2925.41 to 2925.45 of the Revised Code do not | 21387 |
| preclude a financial institution that possessed a valid mortgage, | 21388 |
| security interest, or lien that is not satisfied prior to a sale | 21389 |
| under division (B)(8) of this section or following a sale by | 21390 |
| application of division (B)(8)(b) of this section, from commencing | 21391 |
| a civil action in any appropriate court in this or another state | 21392 |
| to obtain a deficiency judgment against the debtor if the | 21393 |
| financial institution otherwise would have been entitled to do so | 21394 |
| in this or another state. | 21395 |
| (2) Any law enforcement agency that obtains any vehicle | 21396 |
| pursuant to division (B)(1) of this section shall take the vehicle | 21397 |
| subject to the outstanding amount of any security interest or lien | 21398 |
| that attaches to the vehicle. | 21399 |
| (3) Nothing in this section impairs a mortgage, security | 21400 |
| interest, lien, or other interest of a financial institution in | 21401 |
| property that was the subject of a forfeiture order under section | 21402 |
| 2925.42 or 2925.43 of the Revised Code and that was sold or | 21403 |
| otherwise disposed of in a manner that does not conform to the | 21404 |
| requirements of division (B) of this section, or any right of a | 21405 |
| financial institution of that nature to commence a civil action in | 21406 |
| any appropriate court in this or another state to obtain a | 21407 |
| deficiency judgment against the debtor. | 21408 |
| (4) Following the sale under division (B)(8) of this section | 21409 |
| of any property that is required to be titled or registered under | 21410 |
| the law of this state, the prosecuting attorney responsible for | 21411 |
| the disposition of the property shall cause the state to issue an | 21412 |
| appropriate certificate of title or registration to the purchaser | 21413 |
| of the property. Additionally, if, in a disposition of property | 21414 |
| pursuant to division (B) of this section, the state or a political | 21415 |
| subdivision is given any property that is required to be titled or | 21416 |
| registered under the law of this state, the prosecuting attorney | 21417 |
| responsible for the disposition of the property shall cause the | 21418 |
| state to issue an appropriate certificate of title or registration | 21419 |
| to itself or to the political subdivision. | 21420 |
| (D) Property that has been forfeited to the state pursuant to | 21421 |
| an order of criminal forfeiture under section 2925.42 of the | 21422 |
| Revised Code or an order of civil forfeiture under section 2925.43 | 21423 |
| of the Revised Code shall not be available for use to pay any fine | 21424 |
| imposed upon a person who is convicted of or pleads guilty to a | 21425 |
| felony drug abuse offense or upon any juvenile who is found by a | 21426 |
| juvenile court to be a delinquent child for an act that, if | 21427 |
| committed by an adult, would be a felony drug abuse offense. | 21428 |
| (E) Sections 2925.41 to 2925.45 of the Revised Code do not | 21429 |
| prohibit a law enforcement officer from seeking the forfeiture of | 21430 |
| contraband associated with a felony drug abuse offense pursuant to | 21431 |
| section 2933.43 of the Revised Code. | 21432 |
| Sec. 2927.023. (A) As used in this section "authorized | 21433 |
| recipient of tobacco products" means a person who is: | 21434 |
| (1) Licensed as a cigarette wholesale dealer under section | 21435 |
| 5743.15 of the Revised Code; | 21436 |
| (2) Licensed as a distributor of tobacco products under | 21437 |
| section 5743.61 of the Revised Code; | 21438 |
| (3) An export warehouse proprietor as defined in section 5702 | 21439 |
| of the Internal Revenue Code; | 21440 |
| (4) An operator of a customs bonded warehouse under 19 U.S.C. | 21441 |
| 1311 or 19 U.S.C. 1555; | 21442 |
| (5) An officer, employee, or agent of the federal government | 21443 |
| or of this state acting in the person's official capacity; | 21444 |
| (6) A department, agency, instrumentality, or political | 21445 |
| subdivision of the federal government or of this state; | 21446 |
| (7) A person having a consent for consumer shipment issued by | 21447 |
| the tax commissioner under section 5743.71 of the Revised Code. | 21448 |
| The purpose of this section is to prevent the sale of | 21449 |
| cigarettes to minors and to ensure compliance with the Master | 21450 |
| Settlement Agreement, as defined in section 1346.01 of the Revised | 21451 |
| Code. | 21452 |
| (B)(1) No person shall cause to be shipped any cigarettes to | 21453 |
| any person in this state other than an authorized recipient of | 21454 |
| tobacco products. | 21455 |
| (2) No common carrier, contract carrier, or other person | 21456 |
| shall knowingly transport cigarettes to any person in this state | 21457 |
| that the carrier or other person reasonably believes is not an | 21458 |
| authorized recipient of tobacco products. If cigarettes are | 21459 |
| transported to a home or residence, it shall be presumed that the | 21460 |
| common carrier, contract carrier, or other person knew that the | 21461 |
| person to whom the cigarettes were delivered was not an authorized | 21462 |
| recipient of tobacco products. | 21463 |
| (C) No person engaged in the business of selling cigarettes | 21464 |
| who ships or causes to be shipped cigarettes to any person in this | 21465 |
| state in any container or wrapping other than the original | 21466 |
| container or wrapping of the cigarettes shall fail to plainly and | 21467 |
| visibly mark the exterior of the container or wrapping in which | 21468 |
| the cigarettes are shipped with the words "cigarettes." | 21469 |
| (D) A court shall impose a fine of up to one thousand dollars | 21470 |
| for each violation of division (B)(1), (B)(2), or (C) of this | 21471 |
| section. | 21472 |
| Sec. 2933.43. (A)(1) Except as provided in this division or | 21473 |
| in section 2913.34 or sections 2923.44 to 2923.47 or 2925.41 to | 21474 |
| 2925.45 of the Revised Code, a law enforcement officer shall seize | 21475 |
| any contraband that has been, is being, or is intended to be used | 21476 |
| in violation of division (A) of section 2933.42 of the Revised | 21477 |
| Code. A law enforcement officer shall seize contraband that is a | 21478 |
| watercraft, motor vehicle, or aircraft and that has been, is | 21479 |
| being, or is intended to be used in violation of division (A) of | 21480 |
| section 2933.42 of the Revised Code only if the watercraft, motor | 21481 |
| vehicle, or aircraft is contraband because of its relationship to | 21482 |
| an underlying criminal offense that is a felony. | 21483 |
| Additionally, a law enforcement officer shall seize any | 21484 |
| watercraft, motor vehicle, aircraft, or other personal property | 21485 |
| that is classified as contraband under division (B) of section | 21486 |
| 2933.42 of the Revised Code if the underlying offense involved in | 21487 |
| the violation of division (A) of that section that resulted in the | 21488 |
| watercraft, motor vehicle, aircraft, or personal property being | 21489 |
| classified as contraband, is a felony. | 21490 |
| (2) If a law enforcement officer seizes property that is | 21491 |
| titled or registered under law, including a motor vehicle, | 21492 |
| pursuant to division (A)(1) of this section, the officer or the | 21493 |
| officer's employing law enforcement agency shall notify the owner | 21494 |
| of the seizure. The notification shall be given to the owner at | 21495 |
| the owner's last known address within seventy-two hours after the | 21496 |
| seizure, and may be given orally by any means, including | 21497 |
| telephone, or by certified mail, return receipt requested. | 21498 |
| If the officer or the officer's agency is unable to provide | 21499 |
| the notice required by this division despite reasonable, good | 21500 |
| faith efforts to do so, the exercise of the reasonable, good faith | 21501 |
| efforts constitutes fulfillment of the notice requirement imposed | 21502 |
| by this division. | 21503 |
| (B)(1) A motor vehicle seized pursuant to division (A)(1) of | 21504 |
| this section and the contents of the vehicle may be retained for a | 21505 |
| reasonable period of time, not to exceed seventy-two hours, for | 21506 |
| the purpose of inspection, investigation, and the gathering of | 21507 |
| evidence of any offense or illegal use. | 21508 |
| At any time prior to the expiration of the seventy-two-hour | 21509 |
| period, the law enforcement agency that seized the motor vehicle | 21510 |
| may petition the court of common pleas of the county that has | 21511 |
| jurisdiction over the underlying criminal case or administrative | 21512 |
| proceeding involved in the forfeiture for an extension of the | 21513 |
| seventy-two-hour period if the motor vehicle or its contents are | 21514 |
| needed as evidence or if additional time is needed for the | 21515 |
| inspection, investigation, or gathering of evidence. Upon the | 21516 |
| filing of such a petition, the court immediately shall schedule a | 21517 |
| hearing to be held at a time as soon as possible after the filing, | 21518 |
| but in no event at a time later than the end of the next business | 21519 |
| day subsequent to the day on which the petition was filed, and | 21520 |
| upon scheduling the hearing, immediately shall notify the owner of | 21521 |
| the vehicle, at the address at which notification of the seizure | 21522 |
| was provided under division (A) of this section, of the date, | 21523 |
| time, and place of the hearing. If the court, at the hearing, | 21524 |
| determines that the vehicle or its contents, or both, are needed | 21525 |
| as evidence or that additional time is needed for the inspection, | 21526 |
| investigation, or gathering of evidence, the court may grant the | 21527 |
| petition and issue an order authorizing the retention of the | 21528 |
| vehicle or its contents, or both, for an extended period as | 21529 |
| specified by the court in its order. An order extending a period | 21530 |
| of retention issued under this division may be renewed. | 21531 |
| If no petition for the extension of the initial | 21532 |
| seventy-two-hour period has been filed, prior to the expiration of | 21533 |
| that period, under this division, if the vehicle was not in the | 21534 |
| custody and control of the owner at the time of its seizure, and | 21535 |
| if, at the end of that seventy-two-hour period, the owner of the | 21536 |
| vehicle has not been charged with an offense or administrative | 21537 |
| violation that includes the use of the vehicle as an element and | 21538 |
| has not been charged with any other offense or administrative | 21539 |
| violation in the actual commission of which the motor vehicle was | 21540 |
| used, the vehicle and its contents shall be released to its owner | 21541 |
| or the owner's agent, provided that the law enforcement agency | 21542 |
| that seized the vehicle may require proof of ownership of the | 21543 |
| vehicle, proof of ownership or legal possession of the contents, | 21544 |
| and an affidavit of the owner that the owner neither knew of nor | 21545 |
| expressly or impliedly consented to the use of the vehicle that | 21546 |
| resulted in its forfeiture as conditions precedent to release. If | 21547 |
| a petition for the extension of the initial seventy-two-hour | 21548 |
| period has been filed, prior to the expiration of that period, | 21549 |
| under this division but the court does not grant the petition, if | 21550 |
| the vehicle was not in the custody and control of the owner at the | 21551 |
| time of its seizure, and if, at the end of that seventy-two-hour | 21552 |
| period, the owner of the vehicle has not been charged with an | 21553 |
| offense or administrative violation that includes the use of the | 21554 |
| vehicle as an element and has not been charged with any other | 21555 |
| offense or administrative violation in the actual commission of | 21556 |
| which the motor vehicle was used, the vehicle and its contents | 21557 |
| shall be released to its owner or the owner's agent, provided that | 21558 |
| the court may require the proof and affidavit described in the | 21559 |
| preceding sentence as conditions precedent to release. If the | 21560 |
| initial seventy-two-hour period has been extended under this | 21561 |
| division, the vehicle and its contents to which the extension | 21562 |
| applies may be retained in accordance with the extension order. | 21563 |
| If, at the end of that extended period, the owner of the vehicle | 21564 |
| has not been charged with an offense or administrative violation | 21565 |
| that includes the use of the vehicle as an element and has not | 21566 |
| been charged with any other offense or administrative violation in | 21567 |
| the actual commission of which the motor vehicle was used, and if | 21568 |
| the vehicle was not in the custody and control of the owner at the | 21569 |
| time of its seizure, the vehicle and its contents shall be | 21570 |
| released to its owner or the owner's agent, provided that the | 21571 |
| court may require the proof and affidavit described in the third | 21572 |
| preceding sentence as conditions precedent to release. In cases in | 21573 |
| which the court may require proof and affidavits as conditions | 21574 |
| precedent to release, the court also may require the posting of a | 21575 |
| bond, with sufficient sureties approved by the court, in an amount | 21576 |
| equal to the value of the property to be released, as determined | 21577 |
| by the court, and conditioned upon the return of the property to | 21578 |
| the court if it is forfeited under this section, as a further | 21579 |
| condition to release. If, at the end of the initial | 21580 |
| seventy-two-hour period or at the end of any extended period | 21581 |
| granted under this section, the owner has been charged with an | 21582 |
| offense or administrative violation that includes the use of the | 21583 |
| vehicle as an element or has been charged with another offense or | 21584 |
| administrative violation in the actual commission of which the | 21585 |
| motor vehicle was used, or if the vehicle was in the custody and | 21586 |
| control of the owner at the time of its seizure, the vehicle and | 21587 |
| its contents shall be retained pending disposition of the charge, | 21588 |
| provided that upon the filing of a motion for release by the | 21589 |
| owner, if the court determines that the motor vehicle or its | 21590 |
| contents, or both, are not needed as evidence in the underlying | 21591 |
| criminal case or administrative proceeding, the court may permit | 21592 |
| the release of the property that is not needed as evidence to the | 21593 |
| owner; as a condition precedent to a release of that nature, the | 21594 |
| court may require the owner to execute a bond with the court. Any | 21595 |
| bond so required shall be in an amount equal to the value of the | 21596 |
| property to be released, as determined by the court, shall have | 21597 |
| sufficient sureties approved by the court, and shall be | 21598 |
| conditioned upon the return of the property to the court to which | 21599 |
| it is forfeited under this section. | 21600 |
| The final disposition of a motor vehicle seized pursuant to | 21601 |
| division (A)(1) of this section shall be determined in accordance | 21602 |
| with division (C) of this section. | 21603 |
| (2) Pending a hearing pursuant to division (C) of this | 21604 |
| section, and subject to divisions (B)(1) and (C) of this section, | 21605 |
| any property lawfully seized pursuant to division (A) of this | 21606 |
| section because it was contraband of a type described in division | 21607 |
| (A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section | 21608 |
| 2901.01 of the Revised Code shall not be subject to replevin or | 21609 |
| other action in any court and shall not be subject to release upon | 21610 |
| request of the owner, and no judgment shall be enforced against | 21611 |
| the property. Pending the hearing, and subject to divisions (B)(1) | 21612 |
| and (C) of this section, the property shall be kept in the custody | 21613 |
| of the law enforcement agency responsible for its seizure. | 21614 |
| Pending a hearing pursuant to division (C) of this section, | 21615 |
| and notwithstanding any provisions of division (B)(1) or (C) of | 21616 |
| this section to the contrary, any property lawfully seized | 21617 |
| pursuant to division (A) of this section because it was contraband | 21618 |
| of a type described in division (A)(13)(a) or (c) of section | 21619 |
| 2901.01 of the Revised Code shall not be subject to replevin or | 21620 |
| other action in any court and shall not be subject to release upon | 21621 |
| request of the owner, and no judgment shall be enforced against | 21622 |
| the property. Pending the hearing, and notwithstanding any | 21623 |
| provisions of division (B)(1) or (C) of this section to the | 21624 |
| contrary, the property shall be kept in the custody of the law | 21625 |
| enforcement agency responsible for its seizure. | 21626 |
| A law enforcement agency that seizes property under division | 21627 |
| (A) of this section because it was contraband of any type | 21628 |
| described in division (A)(13) of section 2901.01 or division (B) | 21629 |
| of section 2933.42 of the Revised Code shall maintain an accurate | 21630 |
| record of each item of property so seized, which record shall | 21631 |
| include the date on which each item was seized, the manner and | 21632 |
| date of its disposition, and if applicable, the name of the person | 21633 |
| who received the item; however, the record shall not identify or | 21634 |
| enable the identification of the individual officer who seized the | 21635 |
| item. The record of property of that nature that no longer is | 21636 |
| needed as evidence shall be open to public inspection during the | 21637 |
| agency's regular business hours. Each law enforcement agency that, | 21638 |
| during any calendar year, seizes property under division (A) of | 21639 |
| this section because it was contraband shall prepare a report | 21640 |
| covering the calendar year that cumulates all of the information | 21641 |
| contained in all of the records kept by the agency pursuant to | 21642 |
| this division for that calendar year, and shall send a copy of the | 21643 |
| cumulative report, no later than the first day of March in the | 21644 |
| calendar year following the calendar year covered by the report, | 21645 |
| to the attorney general. Each report received by the attorney | 21646 |
| general is a public record open for inspection under section | 21647 |
| 149.43 of the Revised Code. Not later than the fifteenth day of | 21648 |
| April in the calendar year in which the reports are received, the | 21649 |
| attorney general shall send to the president of the senate and the | 21650 |
| speaker of the house of representatives a written notification | 21651 |
| that does all of the following: | 21652 |
| (a) Indicates that the attorney general has received from law | 21653 |
| enforcement agencies reports of the type described in this | 21654 |
| division that cover the previous calendar year and indicates that | 21655 |
| the reports were received under this division; | 21656 |
| (b) Indicates that the reports are open for inspection under | 21657 |
| section 149.43 of the Revised Code; | 21658 |
| (c) Indicates that the attorney general will provide a copy | 21659 |
| of any or all of the reports to the president of the senate or the | 21660 |
| speaker of the house of representatives upon request. | 21661 |
| (C) The prosecuting attorney, village solicitor, city | 21662 |
| director of law, or similar chief legal officer who has | 21663 |
| responsibility for the prosecution of the underlying criminal case | 21664 |
| or administrative proceeding, or the attorney general if the | 21665 |
| attorney general has that responsibility, shall file a petition | 21666 |
| for the forfeiture, to the seizing law enforcement agency of the | 21667 |
| contraband seized pursuant to division (A) of this section. The | 21668 |
| petition shall be filed in the court that has jurisdiction over | 21669 |
| the underlying criminal case or administrative proceeding involved | 21670 |
| in the forfeiture. If the property was seized on the basis of both | 21671 |
| a criminal violation and an administrative regulation violation, | 21672 |
| the petition shall be filed by the officer and in the court that | 21673 |
| is appropriate in relation to the criminal case. | 21674 |
| The petitioner shall conduct or cause to be conducted a | 21675 |
| search of the appropriate public records that relate to the seized | 21676 |
| property for the purpose of determining, and shall make or cause | 21677 |
| to be made reasonably diligent inquiries for the purpose of | 21678 |
| determining, any person having an ownership or security interest | 21679 |
| in the property. The petitioner then shall give notice of the | 21680 |
| forfeiture proceedings by personal service or by certified mail, | 21681 |
| return receipt requested, to any persons known, because of the | 21682 |
| conduct of the search, the making of the inquiries, or otherwise, | 21683 |
| to have an ownership or security interest in the property, and | 21684 |
| shall publish notice of the proceedings once each week for two | 21685 |
| consecutive weeks in a newspaper of general circulation in the | 21686 |
| county in which the seizure occurred. The notices shall be | 21687 |
| personally served, mailed, and first published at least four weeks | 21688 |
| before the hearing. They shall describe the property seized; state | 21689 |
| the date and place of seizure; name the law enforcement agency | 21690 |
| that seized the property and, if applicable, that is holding the | 21691 |
| property; list the time, date, and place of the hearing; and state | 21692 |
| that any person having an ownership or security interest in the | 21693 |
| property may contest the forfeiture. | 21694 |
| If the property seized was determined by the seizing law | 21695 |
| enforcement officer to be contraband because of its relationship | 21696 |
| to an underlying criminal offense or administrative violation, no | 21697 |
| forfeiture hearing shall be held under this section unless the | 21698 |
| person pleads guilty to or is convicted of the commission of, or | 21699 |
| an attempt or conspiracy to commit, the offense or a different | 21700 |
| offense arising out of the same facts and circumstances or unless | 21701 |
| the person admits or is adjudicated to have committed the | 21702 |
| administrative violation or a different violation arising out of | 21703 |
| the same facts and circumstances; a forfeiture hearing shall be | 21704 |
| held in a case of that nature no later than forty-five days after | 21705 |
| the conviction or the admission or adjudication of the violation, | 21706 |
| unless the time for the hearing is extended by the court for good | 21707 |
| cause shown. The owner of any property seized because of its | 21708 |
| relationship to an underlying criminal offense or administrative | 21709 |
| violation may request the court to release the property to the | 21710 |
| owner. Upon receipt of a request of that nature, if the court | 21711 |
| determines that the property is not needed as evidence in the | 21712 |
| underlying criminal case or administrative proceeding, the court | 21713 |
| may permit the release of the property to the owner. As a | 21714 |
| condition precedent to a release of that nature, the court may | 21715 |
| require the owner to execute a bond with the court. Any bond so | 21716 |
| required shall have sufficient sureties approved by the court, | 21717 |
| shall be in a sum equal to the value of the property, as | 21718 |
| determined by the court, and shall be conditioned upon the return | 21719 |
| of the property to the court if the property is forfeited under | 21720 |
| this section. Any property seized because of its relationship to | 21721 |
| an underlying criminal offense or administrative violation shall | 21722 |
| be returned to its owner if charges are not filed in relation to | 21723 |
| that underlying offense or violation within thirty days after the | 21724 |
| seizure, if charges of that nature are filed and subsequently are | 21725 |
| dismissed, or if charges of that nature are filed and the person | 21726 |
| charged does not plead guilty to and is not convicted of the | 21727 |
| offense or does not admit and is not found to have committed the | 21728 |
| violation. | 21729 |
| If the property seized was determined by the seizing law | 21730 |
| enforcement officer to be contraband other than because of a | 21731 |
| relationship to an underlying criminal offense or administrative | 21732 |
| violation, the forfeiture hearing under this section shall be held | 21733 |
| no later than forty-five days after the seizure, unless the time | 21734 |
| for the hearing is extended by the court for good cause shown. | 21735 |
| Where possible, a court holding a forfeiture hearing under | 21736 |
| this section shall follow the Rules of Civil Procedure. When a | 21737 |
| hearing is conducted under this section, property shall be | 21738 |
| forfeited upon a showing, by a preponderance of the evidence, by | 21739 |
| the petitioner that the person from which the property was seized | 21740 |
| was in violation of division (A) of section 2933.42 of the Revised | 21741 |
| Code. If that showing is made, the court shall issue an order of | 21742 |
| forfeiture. If an order of forfeiture is issued in relation to | 21743 |
| contraband that was released to the owner or the owner's agent | 21744 |
| pursuant to this division or division (B)(1) of this section, the | 21745 |
| order shall require the owner to deliver the property, by a | 21746 |
| specified date, to the law enforcement agency that employed the | 21747 |
| law enforcement officer who made the seizure of the property, and | 21748 |
| the court shall deliver a copy of the order to the owner or send a | 21749 |
| copy of it by certified mail, return receipt requested, to the | 21750 |
| owner at the address to which notice of the seizure was given | 21751 |
| under division (A)(2) of this section. Except as otherwise | 21752 |
| provided in this division, all rights, interest, and title to the | 21753 |
| forfeited contraband vests in the state, effective from the date | 21754 |
| of seizure. | 21755 |
| No property shall be forfeited pursuant to this division if | 21756 |
| the owner of the property establishes, by a preponderance of the | 21757 |
| evidence, that the owner neither knew, nor should have known after | 21758 |
| a reasonable inquiry, that the property was used, or was likely to | 21759 |
| be used, in a crime or administrative violation. No bona fide | 21760 |
| security interest shall be forfeited pursuant to this division if | 21761 |
| the holder of the interest establishes, by a preponderance of the | 21762 |
| evidence, that the holder of the interest neither knew, nor should | 21763 |
| have known after a reasonable inquiry, that the property was used, | 21764 |
| or likely to be used, in a crime or administrative violation, that | 21765 |
| the holder of the interest did not expressly or impliedly consent | 21766 |
| to the use of the property in a crime or administrative violation, | 21767 |
| and that the security interest was perfected pursuant to law prior | 21768 |
| to the seizure. If the holder of the interest satisfies the court | 21769 |
| that these requirements are met, the interest shall be preserved | 21770 |
| by the court. In a case of that nature, the court shall either | 21771 |
| order that the agency to which the property is forfeited reimburse | 21772 |
| the holder of the interest to the extent of the preserved interest | 21773 |
| or order that the holder be paid for the interest from the | 21774 |
| proceeds of any sale pursuant to division (D) of this section. | 21775 |
| (D)(1) Contraband ordered forfeited pursuant to this section | 21776 |
| shall be disposed of pursuant to divisions (D)(1) to (7) of | 21777 |
| section 2933.41 of the Revised Code or, if the contraband is not | 21778 |
| described in those divisions, may be used, with the approval of | 21779 |
| the court, by the law enforcement agency that has custody of the | 21780 |
| contraband pursuant to division (D)(8) of that section. In the | 21781 |
| case of contraband not described in any of those divisions and of | 21782 |
| contraband not disposed of pursuant to any of those divisions, the | 21783 |
| contraband shall be sold in accordance with this division or, in | 21784 |
| the case of forfeited moneys, disposed of in accordance with this | 21785 |
| division. If the contraband is to be sold, the prosecuting | 21786 |
| attorney shall cause a notice of the proposed sale of the | 21787 |
| contraband to be given in accordance with law, and the property | 21788 |
| shall be sold, without appraisal, at a public auction to the | 21789 |
| highest bidder for cash. The proceeds of a sale and forfeited | 21790 |
| moneys shall be applied in the following order: | 21791 |
| (a) First, to the payment of the costs incurred in connection | 21792 |
| with the seizure of, storage of, maintenance of, and provision of | 21793 |
| security for the contraband, the forfeiture proceeding, and, if | 21794 |
| any, the sale; | 21795 |
| (b) Second, the remaining proceeds or forfeited moneys after | 21796 |
| compliance with division (D)(1)(a) of this section, to the payment | 21797 |
| of the balance due on any security interest preserved pursuant to | 21798 |
| division (C) of this section; | 21799 |
| (c) Third, the remaining proceeds or forfeited moneys after | 21800 |
| compliance with divisions (D)(1)(a) and (b) of this section, as | 21801 |
| follows: | 21802 |
| (i) If the forfeiture was ordered in a juvenile court, ten | 21803 |
| per cent to one or more alcohol and drug addiction treatment | 21804 |
| programs that are certified by the department of alcohol and drug | 21805 |
| addiction services under section 3793.06 of the Revised Code and | 21806 |
| that are specified in the order of forfeiture. A juvenile court | 21807 |
| shall not certify an alcohol or drug addiction treatment program | 21808 |
| in the order of forfeiture unless the program is a certified | 21809 |
| alcohol and drug addiction treatment program and, except as | 21810 |
| provided in division (D)(1)(c)(i) of this section, unless the | 21811 |
| program is located in the county in which the court that orders | 21812 |
| the forfeiture is located or in a contiguous county. If no | 21813 |
| certified alcohol and drug addiction treatment program is located | 21814 |
| in any of those counties, the juvenile court may specify in the | 21815 |
| order a certified alcohol and drug addiction treatment program | 21816 |
| located anywhere within this state. | 21817 |
| (ii) If the forfeiture was ordered in a juvenile court, | 21818 |
| ninety per cent, and if the forfeiture was ordered in a court | 21819 |
| other than a juvenile court, one hundred per cent to the law | 21820 |
| enforcement trust fund of the prosecuting attorney and to the law | 21821 |
| enforcement trust fund of the county sheriff if the county sheriff | 21822 |
| made the seizure, to the law enforcement trust fund of a municipal | 21823 |
| corporation if its police department made the seizure, to the law | 21824 |
| enforcement trust fund of a township if the seizure was made by a | 21825 |
| township police department, township police district police force, | 21826 |
| or office of a township constable, to the law enforcement trust | 21827 |
| fund of a park district created pursuant to section 511.18 or | 21828 |
| 1545.01 of the Revised Code if the seizure was made by the park | 21829 |
|
district police
force or law enforcement department, to the | 21830 |
| highway patrol state contraband, forfeiture, and other fund if the | 21831 |
| state highway patrol made the seizure, to the department of public | 21832 |
| safety investigative unit contraband, forfeiture, and other fund | 21833 |
| if the investigative unit of the department of public safety made | 21834 |
| the seizure, to the department of taxation enforcement fund if the | 21835 |
| department of taxation made the seizure, to the board of pharmacy | 21836 |
| drug law enforcement fund created by division (B)(1) of section | 21837 |
| 4729.65 of the Revised Code if the board made the seizure, or to | 21838 |
| the treasurer of state for deposit into the peace officer training | 21839 |
| commission fund if a state law enforcement agency, other than the | 21840 |
| state highway patrol, the investigative unit of the department of | 21841 |
| public safety, the enforcement division of the department of | 21842 |
| taxation, or the state board of pharmacy, made the seizure. The | 21843 |
| prosecuting attorney may decline to accept any of the remaining | 21844 |
| proceeds or forfeited moneys, and, if the prosecuting attorney so | 21845 |
| declines, the remaining proceeds or forfeited moneys shall be | 21846 |
| applied to the fund described in this division that relates to the | 21847 |
| law enforcement agency that made the seizure. | 21848 |
| A law enforcement trust fund shall be established by the | 21849 |
| prosecuting attorney of each county who intends to receive any | 21850 |
| remaining proceeds or forfeited moneys pursuant to this division, | 21851 |
| by the sheriff of each county, by the legislative authority of | 21852 |
| each municipal corporation, by the board of township trustees of | 21853 |
| each township that has a township police department, township | 21854 |
| police district police force, or office of the constable, and by | 21855 |
| the board of park commissioners of each park district created | 21856 |
| pursuant to section 511.18 or 1545.01 of the Revised Code that has | 21857 |
| a park district police force or law enforcement department, for | 21858 |
| the purposes of this division. There is hereby created in the | 21859 |
|
state treasury the | 21860 |
| forfeiture, and other fund, the department of public safety | 21861 |
| investigative unit contraband, forfeiture, and other fund, the | 21862 |
| department of taxation enforcement fund, and the peace officer | 21863 |
| training commission fund, for the purposes described in this | 21864 |
| division. | 21865 |
| Proceeds or forfeited moneys distributed to any municipal | 21866 |
| corporation, township, or park district law enforcement trust fund | 21867 |
| shall be allocated from the fund by the legislative authority only | 21868 |
| to the police department of the municipal corporation, by the | 21869 |
| board of township trustees only to the township police department, | 21870 |
| township police district police force, or office of the constable, | 21871 |
| and by the board of park commissioners only to the park district | 21872 |
| police force or law enforcement department. | 21873 |
| Additionally, no proceeds or forfeited moneys shall be | 21874 |
| allocated to or used by the state highway patrol, the department | 21875 |
| of public safety, the department of taxation, the state board of | 21876 |
| pharmacy, or a county sheriff, prosecuting attorney, municipal | 21877 |
| corporation police department, township police department, | 21878 |
| township police district police force, office of the constable, or | 21879 |
| park district police force or law enforcement department unless | 21880 |
| the state highway patrol, department of public safety, department | 21881 |
| of taxation, state board of pharmacy, sheriff, prosecuting | 21882 |
| attorney, municipal corporation police department, township police | 21883 |
| department, township police district police force, office of the | 21884 |
| constable, or park district police force or law enforcement | 21885 |
| department has adopted a written internal control policy under | 21886 |
| division (D)(3) of this section that addresses the use of moneys | 21887 |
| received from the | 21888 |
| forfeiture, and other fund, the department of public safety | 21889 |
| investigative unit contraband, forfeiture, and other fund, the | 21890 |
| department of taxation enforcement fund, the board of pharmacy | 21891 |
| drug law enforcement fund, or the appropriate law enforcement | 21892 |
| trust fund. | 21893 |
| The | 21894 |
| other fund, the department of public safety investigative unit | 21895 |
| contraband, forfeiture, and other fund, the department of taxation | 21896 |
| enforcement fund, and a law enforcement trust fund shall be | 21897 |
| expended only in accordance with the written internal control | 21898 |
| policy so adopted by the recipient, and, subject to the | 21899 |
| requirements specified in division (D)(3)(a)(ii) of this section, | 21900 |
| only to pay the costs of protracted or complex investigations or | 21901 |
| prosecutions, to provide reasonable technical training or | 21902 |
| expertise, to provide matching funds to obtain federal grants to | 21903 |
| aid law enforcement, in the support of DARE programs or other | 21904 |
| programs designed to educate adults or children with respect to | 21905 |
| the dangers associated with the use of drugs of abuse, to pay the | 21906 |
| costs of emergency action taken under section 3745.13 of the | 21907 |
| Revised Code relative to the operation of an illegal | 21908 |
| methamphetamine laboratory if the forfeited property or money | 21909 |
| involved was that of a person responsible for the operation of the | 21910 |
| laboratory, or for other law enforcement purposes that the | 21911 |
| superintendent of the state highway patrol, department of public | 21912 |
| safety, department of taxation, prosecuting attorney, county | 21913 |
| sheriff, legislative authority, board of township trustees, or | 21914 |
| board of park commissioners determines to be appropriate. The | 21915 |
| board of pharmacy drug law enforcement fund shall be expended only | 21916 |
| in accordance with the written internal control policy so adopted | 21917 |
| by the board and only in accordance with section 4729.65 of the | 21918 |
| Revised Code, except that it also may be expended to pay the costs | 21919 |
| of emergency action taken under section 3745.13 of the Revised | 21920 |
| Code relative to the operation of an illegal methamphetamine | 21921 |
| laboratory if the forfeited property or money involved was that of | 21922 |
| a person responsible for the operation of the laboratory. The | 21923 |
| 21924 | |
| the department of public safety investigative unit contraband, | 21925 |
| forfeiture, and other fund, the department of taxation enforcement | 21926 |
| fund, the board of pharmacy drug law enforcement fund, and a law | 21927 |
| enforcement trust fund shall not be used to meet the operating | 21928 |
| costs of the state highway patrol, of the investigative unit of | 21929 |
| the department of public safety, of the department of taxation | 21930 |
| enforcement division, of the state board of pharmacy, of any | 21931 |
| political subdivision, or of any office of a prosecuting attorney | 21932 |
| or county sheriff that are unrelated to law enforcement. | 21933 |
| Proceeds and forfeited moneys that are paid into the state | 21934 |
| treasury to be deposited into the peace officer training | 21935 |
| commission fund shall be used by the commission only to pay the | 21936 |
| costs of peace officer training. | 21937 |
| Any sheriff or prosecuting attorney who receives proceeds or | 21938 |
| forfeited moneys pursuant to this division during any calendar | 21939 |
| year shall file a report with the county auditor, no later than | 21940 |
| the thirty-first day of January of the next calendar year, | 21941 |
| verifying that the proceeds and forfeited moneys were expended | 21942 |
| only for the purposes authorized by this division and division | 21943 |
| (D)(3)(a)(ii) of this section and specifying the amounts expended | 21944 |
| for each authorized purpose. Any municipal corporation police | 21945 |
| department that is allocated proceeds or forfeited moneys from a | 21946 |
| municipal corporation law enforcement trust fund pursuant to this | 21947 |
| division during any calendar year shall file a report with the | 21948 |
| legislative authority of the municipal corporation, no later than | 21949 |
| the thirty-first day of January of the next calendar year, | 21950 |
| verifying that the proceeds and forfeited moneys were expended | 21951 |
| only for the purposes authorized by this division and division | 21952 |
| (D)(3)(a)(ii) of this section and specifying the amounts expended | 21953 |
| for each authorized purpose. Any township police department, | 21954 |
| township police district police force, or office of the constable | 21955 |
| that is allocated proceeds or forfeited moneys from a township law | 21956 |
| enforcement trust fund pursuant to this division during any | 21957 |
| calendar year shall file a report with the board of township | 21958 |
| trustees of the township, no later than the thirty-first day of | 21959 |
| January of the next calendar year, verifying that the proceeds and | 21960 |
| forfeited moneys were expended only for the purposes authorized by | 21961 |
| this division and division (D)(3)(a)(ii) of this section and | 21962 |
| specifying the amounts expended for each authorized purpose. Any | 21963 |
| park district police force or law enforcement department that is | 21964 |
| allocated proceeds or forfeited moneys from a park district law | 21965 |
| enforcement trust fund pursuant to this division during any | 21966 |
| calendar year shall file a report with the board of park | 21967 |
| commissioners of the park district, no later than the thirty-first | 21968 |
| day of January of the next calendar year, verifying that the | 21969 |
| proceeds and forfeited moneys were expended only for the purposes | 21970 |
| authorized by this division and division (D)(3)(a)(ii) of this | 21971 |
| section and specifying the amounts expended for each authorized | 21972 |
| purpose. The superintendent of the state highway patrol shall file | 21973 |
| a report with the attorney general, no later than the thirty-first | 21974 |
| day of January of each calendar year, verifying that proceeds and | 21975 |
| forfeited moneys paid into the | 21976 |
| contraband, forfeiture, and other fund pursuant to this division | 21977 |
| during the prior calendar year were used by the state highway | 21978 |
| patrol during the prior calendar year only for the purposes | 21979 |
| authorized by this division and specifying the amounts expended | 21980 |
| for each authorized purpose. The executive director of the state | 21981 |
| board of pharmacy shall file a report with the attorney general, | 21982 |
| no later than the thirty-first day of January of each calendar | 21983 |
| year, verifying that proceeds and forfeited moneys paid into the | 21984 |
| board of pharmacy drug law enforcement fund during the prior | 21985 |
| calendar year were used only in accordance with section 4729.65 of | 21986 |
| the Revised Code and specifying the amounts expended for each | 21987 |
| authorized purpose. The peace officer training commission shall | 21988 |
| file a report with the attorney general, no later than the | 21989 |
| thirty-first day of January of each calendar year, verifying that | 21990 |
| proceeds and forfeited moneys paid into the peace officer training | 21991 |
| commission fund pursuant to this division during the prior | 21992 |
| calendar year were used by the commission during the prior | 21993 |
| calendar year only to pay the costs of peace officer training and | 21994 |
| specifying the amount used for that purpose. | 21995 |
| The tax commissioner shall file a report with the attorney | 21996 |
| general, not later than the thirty-first day of January of each | 21997 |
| calendar year, verifying that proceeds and forfeited moneys paid | 21998 |
| into the department of taxation enforcement fund pursuant to this | 21999 |
| division during the prior calendar year were used by the | 22000 |
| enforcement division during the prior calendar year to pay only | 22001 |
| the costs of enforcing the tax laws and specifying the amount used | 22002 |
| for that purpose. | 22003 |
| (2) If more than one law enforcement agency is substantially | 22004 |
| involved in the seizure of contraband that is forfeited pursuant | 22005 |
| to this section, the court ordering the forfeiture shall equitably | 22006 |
| divide the proceeds or forfeited moneys, after calculating any | 22007 |
| distribution to the law enforcement trust fund of the prosecuting | 22008 |
| attorney pursuant to division (D)(1)(c) of this section, among any | 22009 |
| county sheriff whose office is determined by the court to be | 22010 |
| substantially involved in the seizure, any legislative authority | 22011 |
| of a municipal corporation whose police department is determined | 22012 |
| by the court to be substantially involved in the seizure, any | 22013 |
| board of township trustees whose law enforcement agency is | 22014 |
| determined by the court to be substantially involved in the | 22015 |
| seizure, any board of park commissioners of a park district whose | 22016 |
| police force or law enforcement department is determined by the | 22017 |
| court to be substantially involved in the seizure, the state board | 22018 |
| of pharmacy if it is determined by the court to be substantially | 22019 |
| involved in the seizure, the investigative unit of the department | 22020 |
| of public safety if it is determined by the court to be | 22021 |
| substantially involved in the seizure, the enforcement division of | 22022 |
| the department of taxation if it is determined by the court to be | 22023 |
| substantially involved in the seizure and the state highway patrol | 22024 |
| if it is determined by the court to be substantially involved in | 22025 |
| the seizure. The proceeds or forfeited moneys shall be deposited | 22026 |
| in the respective law enforcement trust funds of the county | 22027 |
| sheriff, municipal corporation, township, and park district, the | 22028 |
| board of pharmacy drug law enforcement fund, the department of | 22029 |
| public safety investigative unit contraband, forfeiture, and other | 22030 |
| fund, the department of taxation enforcement fund, or the | 22031 |
| highway patrol state contraband, forfeiture, and other fund, in | 22032 |
| accordance with division (D)(1)(c) of this section. If a state law | 22033 |
| enforcement agency, other than the state highway patrol, the | 22034 |
| investigative unit of the department of public safety, the | 22035 |
| department of taxation, or the state board of pharmacy, is | 22036 |
| determined by the court to be substantially involved in the | 22037 |
| seizure, the state agency's equitable share of the proceeds and | 22038 |
| forfeited moneys shall be paid to the treasurer of state for | 22039 |
| deposit into the peace officer training commission fund. | 22040 |
| (3)(a)(i) Prior to being allocated or using any proceeds or | 22041 |
|
forfeited moneys out of the | 22042 |
| forfeiture, and other fund, the department of public safety | 22043 |
| investigative unit contraband, forfeiture, and other fund, the | 22044 |
| department of taxation enforcement fund, the board of pharmacy | 22045 |
| drug law enforcement fund, or a law enforcement trust fund under | 22046 |
| division (D)(1)(c) of this section, the state highway patrol, the | 22047 |
| department of public safety, the department of taxation, the state | 22048 |
| board of pharmacy, and a county sheriff, prosecuting attorney, | 22049 |
| municipal corporation police department, township police | 22050 |
| department, township police district police force, office of the | 22051 |
| constable, or park district police force or law enforcement | 22052 |
| department shall adopt a written internal control policy that | 22053 |
| addresses the state highway patrol's, department of public | 22054 |
| safety's, department of taxation's, state board of pharmacy's, | 22055 |
| sheriff's, prosecuting attorney's, police department's, police | 22056 |
| force's, office of the constable's, or law enforcement | 22057 |
| department's use and disposition of all the proceeds and forfeited | 22058 |
| moneys received and that provides for the keeping of detailed | 22059 |
| financial records of the receipts of the proceeds and forfeited | 22060 |
| moneys, the general types of expenditures made out of the proceeds | 22061 |
| and forfeited moneys, the specific amount of each general type of | 22062 |
| expenditure, and the amounts, portions, and programs described in | 22063 |
| division (D)(3)(a)(ii) of this section. The policy shall not | 22064 |
| provide for or permit the identification of any specific | 22065 |
| expenditure that is made in an ongoing investigation. | 22066 |
| All financial records of the receipts of the proceeds and | 22067 |
| forfeited moneys, the general types of expenditures made out of | 22068 |
| the proceeds and forfeited moneys, the specific amount of each | 22069 |
| general type of expenditure by the state highway patrol, by the | 22070 |
| department of public safety, by the department of taxation, by the | 22071 |
| state board of pharmacy, and by a sheriff, prosecuting attorney, | 22072 |
| municipal corporation police department, township police | 22073 |
| department, township police district police force, office of the | 22074 |
| constable, or park district police force or law enforcement | 22075 |
| department, and the amounts, portions, and programs described in | 22076 |
| division (D)(3)(a)(ii) of this section are public records open for | 22077 |
| inspection under section 149.43 of the Revised Code. Additionally, | 22078 |
| a written internal control policy adopted under this division is a | 22079 |
| public record of that nature, and the state highway patrol, the | 22080 |
| department of public safety, the department of taxation, the state | 22081 |
| board of pharmacy, or the sheriff, prosecuting attorney, municipal | 22082 |
| corporation police department, township police department, | 22083 |
| township police district police force, office of the constable, or | 22084 |
| park district police force or law enforcement department that | 22085 |
| adopted it shall comply with it. | 22086 |
| (ii) The written internal control policy of a county sheriff, | 22087 |
| prosecuting attorney, municipal corporation police department, | 22088 |
| township police department, township police district police force, | 22089 |
| office of the constable, or park district police force or law | 22090 |
| enforcement department shall provide that at least ten per cent of | 22091 |
| the first one hundred thousand dollars of proceeds and forfeited | 22092 |
| moneys deposited during each calendar year in the sheriff's, | 22093 |
| prosecuting attorney's, municipal corporation's, township's, or | 22094 |
| park district's law enforcement trust fund pursuant to division | 22095 |
| (B)(7)(c)(ii) of section 2923.46 or division (B)(8)(c)(ii) of | 22096 |
| section 2925.44 of the Revised Code, and at least twenty per cent | 22097 |
| of the proceeds and forfeited moneys exceeding one hundred | 22098 |
| thousand dollars that are so deposited, shall be used in | 22099 |
| connection with community preventive education programs. The | 22100 |
| manner in which the described percentages are so used shall be | 22101 |
| determined by the sheriff, prosecuting attorney, department, | 22102 |
| police force, or office of the constable after the receipt and | 22103 |
| consideration of advice on appropriate community preventive | 22104 |
| education programs from the county's board of alcohol, drug | 22105 |
| addiction, and mental health services, from the county's alcohol | 22106 |
| and drug addiction services board, or through appropriate | 22107 |
| community dialogue. The financial records described in division | 22108 |
| (D)(3)(a)(i) of this section shall specify the amount of the | 22109 |
| proceeds and forfeited moneys deposited during each calendar year | 22110 |
| in the sheriff's, prosecuting attorney's, municipal corporation's, | 22111 |
| township's, or park district's law enforcement trust fund pursuant | 22112 |
| to division (B)(7)(c)(ii) of section 2923.46 or division | 22113 |
| (B)(8)(c)(ii) of section 2925.44 of the Revised Code, the portion | 22114 |
| of that amount that was used pursuant to the requirements of this | 22115 |
| division, and the community preventive education programs in | 22116 |
| connection with which the portion of that amount was so used. | 22117 |
| As used in this division, "community preventive education | 22118 |
| programs" includes, but is not limited to, DARE programs and other | 22119 |
| programs designed to educate adults or children with respect to | 22120 |
| the dangers associated with the use of drugs of abuse. | 22121 |
| (b) Each sheriff, prosecuting attorney, municipal corporation | 22122 |
| police department, township police department, township police | 22123 |
| district police force, office of the constable, or park district | 22124 |
| police force or law enforcement department that receives in any | 22125 |
| calendar year any proceeds or forfeited moneys out of a law | 22126 |
| enforcement trust fund under division (D)(1)(c) of this section or | 22127 |
| uses any proceeds or forfeited moneys in its law enforcement trust | 22128 |
| fund in any calendar year shall prepare a report covering the | 22129 |
| calendar year that cumulates all of the information contained in | 22130 |
| all of the public financial records kept by the sheriff, | 22131 |
| prosecuting attorney, municipal corporation police department, | 22132 |
| township police department, township police district police force, | 22133 |
| office of the constable, or park district police force or law | 22134 |
| enforcement department pursuant to division (D)(3)(a) of this | 22135 |
| section for that calendar year, and shall send a copy of the | 22136 |
| cumulative report, no later than the first day of March in the | 22137 |
| calendar year following the calendar year covered by the report, | 22138 |
| to the attorney general. | 22139 |
| The superintendent of the state highway patrol shall prepare | 22140 |
| a report covering each calendar year in which the state highway | 22141 |
|
patrol uses any proceeds or forfeited moneys in the | 22142 |
| patrol state contraband, forfeiture, and other fund under division | 22143 |
| (D)(1)(c) of this section, that cumulates all of the information | 22144 |
| contained in all of the public financial records kept by the state | 22145 |
| highway patrol pursuant to division (D)(3)(a) of this section for | 22146 |
| that calendar year, and shall send a copy of the cumulative | 22147 |
| report, no later than the first day of March in the calendar year | 22148 |
| following the calendar year covered by the report, to the attorney | 22149 |
| general. | 22150 |
| The department of public safety shall prepare a report | 22151 |
| covering each fiscal year in which the department uses any | 22152 |
| proceeds or forfeited moneys in the department of public safety | 22153 |
| investigative unit contraband, forfeiture, and other fund under | 22154 |
| division (D)(1)(c) of this section that cumulates all of the | 22155 |
| information contained in all of the public financial records kept | 22156 |
| by the department pursuant to division (D)(3)(a) of this section | 22157 |
| for that fiscal year. The department shall send a copy of the | 22158 |
| cumulative report to the attorney general no later than the first | 22159 |
| day of August in the fiscal year following the fiscal year covered | 22160 |
| by the report. The director of public safety shall include in the | 22161 |
| report a verification that proceeds and forfeited moneys paid into | 22162 |
| the department of public safety investigative unit contraband, | 22163 |
| forfeiture, and other fund under division (D)(1)(c) of this | 22164 |
| section during the preceding fiscal year were used by the | 22165 |
| department during that fiscal year only for the purposes | 22166 |
| authorized by that division and shall specify the amount used for | 22167 |
| each authorized purpose. | 22168 |
| The tax commissioner shall prepare a report covering each | 22169 |
| calendar year in which the department of taxation enforcement | 22170 |
| division uses any proceeds or forfeited moneys in the department | 22171 |
| of taxation enforcement fund under division (D)(1)(c) of this | 22172 |
| section, that cumulates all of the information contained in all of | 22173 |
| the public financial records kept by the department of taxation | 22174 |
| enforcement division pursuant to division (D)(3)(a) of this | 22175 |
| section for that calendar year, and shall send a copy of the | 22176 |
| cumulative report, not later than the first day of March in the | 22177 |
| calendar year following the calendar year covered by the report, | 22178 |
| to the attorney general. | 22179 |
| The executive director of the state board of pharmacy shall | 22180 |
| prepare a report covering each calendar year in which the board | 22181 |
| uses any proceeds or forfeited moneys in the board of pharmacy | 22182 |
| drug law enforcement fund under division (D)(1)(c) of this | 22183 |
| section, that cumulates all of the information contained in all of | 22184 |
| the public financial records kept by the board pursuant to | 22185 |
| division (D)(3)(a) of this section for that calendar year, and | 22186 |
| shall send a copy of the cumulative report, no later than the | 22187 |
| first day of March in the calendar year following the calendar | 22188 |
| year covered by the report, to the attorney general. Each report | 22189 |
| received by the attorney general is a public record open for | 22190 |
| inspection under section 149.43 of the Revised Code. Not later | 22191 |
| than the fifteenth day of April in the calendar year in which the | 22192 |
| reports are received, the attorney general shall send to the | 22193 |
| president of the senate and the speaker of the house of | 22194 |
| representatives a written notification that does all of the | 22195 |
| following: | 22196 |
| (i) Indicates that the attorney general has received from | 22197 |
| entities or persons specified in this division reports of the type | 22198 |
| described in this division that cover the previous calendar year | 22199 |
| and indicates that the reports were received under this division; | 22200 |
| (ii) Indicates that the reports are open for inspection under | 22201 |
| section 149.43 of the Revised Code; | 22202 |
| (iii) Indicates that the attorney general will provide a copy | 22203 |
| of any or all of the reports to the president of the senate or the | 22204 |
| speaker of the house of representatives upon request. | 22205 |
| (4)(a) A law enforcement agency that receives pursuant to | 22206 |
| federal law proceeds from a sale of forfeited contraband, proceeds | 22207 |
| from another disposition of forfeited contraband, or forfeited | 22208 |
| contraband moneys shall deposit, use, and account for the proceeds | 22209 |
| or forfeited moneys in accordance with, and otherwise comply with, | 22210 |
| the applicable federal law. | 22211 |
| (b) If the state highway patrol receives pursuant to federal | 22212 |
| law proceeds from a sale of forfeited contraband, proceeds from | 22213 |
| another disposition of forfeited contraband, or forfeited | 22214 |
| contraband moneys, the appropriate governmental officials shall | 22215 |
|
deposit the proceeds into the | 22216 |
| contraband,
forfeiture, and
other fund | 22217 |
| created in the state treasury. All interest or other earnings | 22218 |
| derived from the investment of the proceeds or forfeited moneys | 22219 |
| shall be credited to the fund. The state highway patrol shall use | 22220 |
| and account for that interest or other earnings in accordance with | 22221 |
| the applicable federal law. | 22222 |
| (c) If the investigative unit of the department of public | 22223 |
| safety receives pursuant to federal law proceeds from a sale of | 22224 |
| forfeited contraband, proceeds from another disposition of | 22225 |
| forfeited contraband, or forfeited contraband moneys, the | 22226 |
| appropriate governmental officials shall deposit the proceeds into | 22227 |
| the
department of
public safety investigative unit
| 22228 |
| 22229 | |
| which is hereby created in the state treasury. All interest or | 22230 |
| other earnings derived from the investment of the proceeds or | 22231 |
| forfeited moneys shall be credited to the fund. The department | 22232 |
| shall use and account for that interest or other earnings in | 22233 |
| accordance with the applicable federal law. | 22234 |
| (d) If the tax commissioner receives pursuant to federal law | 22235 |
| proceeds from a sale of forfeited contraband, proceeds from | 22236 |
| another disposition of forfeited contraband, or forfeited | 22237 |
| contraband moneys, the appropriate governmental officials | 22238 |
| deposit into the department of taxation enforcement fund all | 22239 |
| interest or other earnings derived from the investment of the | 22240 |
| proceeds or forfeited moneys. The department shall use and account | 22241 |
| for that interest or other earnings in accordance with the | 22242 |
| applicable federal law. | 22243 |
| (e) Divisions (D)(1) to (3) of this section do not apply to | 22244 |
| proceeds or forfeited moneys received pursuant to federal law or | 22245 |
| to the interest or other earnings that are derived from the | 22246 |
| investment of proceeds or forfeited moneys received pursuant to | 22247 |
| federal law and that are described in division (D)(4)(b) of this | 22248 |
| section. | 22249 |
| (E) Upon the sale pursuant to this section of any property | 22250 |
| that is required to be titled or registered under law, the state | 22251 |
| shall issue an appropriate certificate of title or registration to | 22252 |
| the purchaser. If the state is vested with title pursuant to | 22253 |
| division (C) of this section and elects to retain property that is | 22254 |
| required to be titled or registered under law, the state shall | 22255 |
| issue an appropriate certificate of title or registration. | 22256 |
| (F) Notwithstanding any provisions of this section to the | 22257 |
| contrary, any property that is lawfully seized in relation to a | 22258 |
| violation of section 2923.32 of the Revised Code shall be subject | 22259 |
| to forfeiture and disposition in accordance with sections 2923.32 | 22260 |
| to 2923.36 of the Revised Code; any property that is forfeited | 22261 |
| pursuant to section 2923.44 or 2923.45 of the Revised Code in | 22262 |
| relation to a violation of section 2923.42 of the Revised Code or | 22263 |
| in relation to an act of a juvenile that is a violation of section | 22264 |
| 2923.42 of the Revised Code may be subject to forfeiture and | 22265 |
| disposition in accordance with sections 2923.44 to 2923.47 of the | 22266 |
| Revised Code; and any property that is forfeited pursuant to | 22267 |
| section 2925.42 or 2925.43 of the Revised Code in relation to a | 22268 |
| felony drug abuse offense, as defined in section 2925.01 of the | 22269 |
| Revised Code, or in relation to an act that, if committed by an | 22270 |
| adult, would be a felony drug abuse offense of that nature, may be | 22271 |
| subject to forfeiture and disposition in accordance with sections | 22272 |
| 2925.41 to 2925.45 of the Revised Code or this section. | 22273 |
| (G) Any failure of a law enforcement officer or agency, a | 22274 |
| prosecuting attorney, village solicitor, city director of law, or | 22275 |
| similar chief legal officer, a court, or the attorney general to | 22276 |
| comply with any duty imposed by this section in relation to any | 22277 |
| property seized or with any other provision of this section in | 22278 |
| relation to any property seized does not affect the validity of | 22279 |
| the seizure of the property, provided the seizure itself was made | 22280 |
| in accordance with law, and is not and shall not be considered to | 22281 |
| be the basis for the suppression of any evidence resulting from | 22282 |
| the seizure of the property, provided the seizure itself was made | 22283 |
| in accordance with law. | 22284 |
| (H) Contraband that has been forfeited pursuant to division | 22285 |
| (C) of this section shall not be available for use to pay any fine | 22286 |
| imposed upon a person who is convicted of or pleads guilty to an | 22287 |
| underlying criminal offense or a different offense arising out of | 22288 |
| the same facts and circumstances. | 22289 |
| Sec. 2933.74. (A)(1) With respect to forfeitable property | 22290 |
| ordered forfeited under section 2933.73 of the Revised Code, the | 22291 |
| court that issued the order, upon petition of the prosecuting | 22292 |
| attorney or attorney general who prosecuted the case, may do any | 22293 |
| of the following: | 22294 |
| (a) Authorize the prosecuting attorney or the attorney | 22295 |
| general to settle claims; | 22296 |
| (b) Award compensation to persons who provide information | 22297 |
| that results in a forfeiture under section 2933.73 of the Revised | 22298 |
| Code; | 22299 |
| (c) Take any other action to protect the rights of innocent | 22300 |
| persons that is in the interest of justice and that is consistent | 22301 |
| with the purposes of sections 2933.71 to 2933.75 of the Revised | 22302 |
| Code.
| 22303 |
| (2) The court shall maintain an accurate record of the | 22304 |
| actions it takes under division (A)(1) of this section with | 22305 |
| respect to the forfeitable property ordered forfeited. The record | 22306 |
| is a public record open for inspection under section 149.43 of the | 22307 |
| Revised Code. | 22308 |
| (B)(1) Subject to division (A) of this section and | 22309 |
| notwithstanding any contrary provision of section 2933.41 of the | 22310 |
| Revised Code, the prosecuting attorney or attorney general who | 22311 |
| prosecuted the case shall order the disposal of forfeitable | 22312 |
| property ordered forfeited in any proceeding under section 2933.73 | 22313 |
| of the Revised Code as soon as feasible, making due provisions for | 22314 |
| the rights of innocent persons, by any of the following methods: | 22315 |
| (a) Public sale; | 22316 |
| (b) Transfer to a state governmental agency for official use; | 22317 |
| (c) Sale or transfer to an innocent person; | 22318 |
| (d) If the property is contraband and is not needed for | 22319 |
| evidence in any pending criminal or civil proceeding, pursuant to | 22320 |
| section 2933.41 or any other applicable section of the Revised | 22321 |
| Code. | 22322 |
| (2) Any interest in personal or real property not disposed of | 22323 |
| pursuant to division (B) of this section and not exercisable by, | 22324 |
| or transferable for value to, the state shall expire and shall not | 22325 |
| revert to the person who was convicted of or pleaded guilty to the | 22326 |
| medicaid fraud offense. No person who was convicted of or pleaded | 22327 |
| guilty to the medicaid fraud offense and no person acting in | 22328 |
| concert with a person who was convicted of or pleaded guilty to | 22329 |
| the medicaid fraud offense is eligible to purchase forfeited | 22330 |
| property from the state. | 22331 |
| (3) Upon application of a person, other than the person who | 22332 |
| was convicted of or pleaded guilty to the medicaid fraud offense | 22333 |
| or a person acting in concert with or on behalf of the person who | 22334 |
| was convicted of or pleaded guilty to the medicaid fraud offense, | 22335 |
| the court may restrain or stay the disposal of the forfeitable | 22336 |
| property pursuant to this division pending the conclusion of any | 22337 |
| appeal of the criminal case giving rise to the forfeiture or | 22338 |
| pending the determination of the validity of a claim to or | 22339 |
| interest in the property pursuant to division (F) of section | 22340 |
| 2933.73 of the Revised Code, if the applicant demonstrates that | 22341 |
| proceeding with the disposal of the property will result in | 22342 |
| irreparable injury, harm, or loss to the applicant. | 22343 |
| (4) The prosecuting attorney or attorney general who | 22344 |
| prosecuted the case shall maintain an accurate record of each item | 22345 |
| of property disposed of pursuant to division (B) of this section, | 22346 |
| which record shall include the date on which each item came into | 22347 |
| the prosecuting attorney's or attorney general's custody, the | 22348 |
| manner and date of disposition, and, if applicable, the name of | 22349 |
| the person who received the item. The record shall not identify or | 22350 |
| enable the identification of the individual officer who seized the | 22351 |
| property, and the record is a public record open for inspection | 22352 |
| under section 149.43 of the Revised Code. | 22353 |
| Each prosecuting attorney who disposes in any calendar year | 22354 |
| of any item of property pursuant to division (B) of this section | 22355 |
| shall prepare a report covering the calendar year that cumulates | 22356 |
| all of the information contained in all of the records the | 22357 |
| prosecuting attorney kept pursuant to this division for that | 22358 |
| calendar year and shall send the cumulative report, no later than | 22359 |
| the first day of March in the calendar year following the calendar | 22360 |
| year covered by the report, to the attorney general. No later than | 22361 |
| the first day of March in the calendar year following the calendar | 22362 |
| year covered by the report, the attorney general shall prepare a | 22363 |
| report covering the calendar year that cumulates all of the | 22364 |
| records the attorney general kept pursuant to this division for | 22365 |
| that calendar year. Each report received or prepared by the | 22366 |
| attorney general is a public record open for inspection under | 22367 |
| section 149.43 of the Revised Code. Not later than the fifteenth | 22368 |
| day of April in the calendar year following the calendar year | 22369 |
| covered by the reports, the attorney general shall send to the | 22370 |
| president of the senate and the speaker of the house of | 22371 |
| representatives a written notification that does all of the | 22372 |
| following: | 22373 |
| (a) Indicates that the attorney general has received from | 22374 |
| prosecuting attorneys reports of the type described in this | 22375 |
| division that cover the previous calendar year and indicates that | 22376 |
| the reports were received under this division; | 22377 |
| (b) Lists the attorney general's own cumulative report | 22378 |
| covering the previous calendar year; | 22379 |
| (c) Indicates that the reports are open for inspection under | 22380 |
| section 149.43 of the Revised Code; | 22381 |
| (d) Indicates that the attorney general will provide a copy | 22382 |
| of any or all of the reports to the president of the senate or the | 22383 |
| speaker of the house of representatives upon request. | 22384 |
| (C)(1) The proceeds of the sale of all forfeitable property | 22385 |
| ordered forfeited pursuant to section 2933.73 of the Revised Code | 22386 |
| shall be deposited into the state treasury and credited to the | 22387 |
| medicaid fraud investigation and prosecution fund, which is hereby | 22388 |
| created. | 22389 |
| (2) The proceeds credited to the medicaid fraud investigation | 22390 |
| and prosecution fund pursuant to division (C)(1) of this section | 22391 |
| shall be disposed of in the following order: | 22392 |
| (a) To the payment of the fees and costs of the forfeiture | 22393 |
| and sale, including expenses of seizure, maintenance, and custody | 22394 |
| of the property pending its disposition, advertising, and court | 22395 |
| costs; | 22396 |
| (b) Except as otherwise provided in division (C)(2)(b) of | 22397 |
| this section, the remainder shall be paid to the law enforcement | 22398 |
| trust fund of the prosecuting attorney that is established | 22399 |
| pursuant to division (D)(1)(c) of section 2933.43 of the Revised | 22400 |
| Code or to the attorney general, and to the law enforcement trust | 22401 |
| fund of the county sheriff that is established pursuant to that | 22402 |
| division if the county sheriff substantially conducted the | 22403 |
| investigation, to the law enforcement trust fund of a municipal | 22404 |
| corporation that is established pursuant to that division if its | 22405 |
| police department substantially conducted the investigation, to | 22406 |
| the law enforcement trust fund of a township that is established | 22407 |
| pursuant to that division if the investigation was substantially | 22408 |
| conducted by a township police department, township police | 22409 |
| district police force, or office of a township constable, or to | 22410 |
| the law enforcement trust fund of a park district created pursuant | 22411 |
| to section 511.18 or 1545.01 of the Revised Code that is | 22412 |
| established pursuant to that division if the investigation was | 22413 |
| substantially conducted by its park district police force or law | 22414 |
| enforcement department. The prosecuting attorney or attorney | 22415 |
| general may decline to accept any of the remaining proceeds, and, | 22416 |
| if the prosecuting attorney or attorney general so declines, they | 22417 |
| shall be applied to the fund described in division (C)(2)(b) of | 22418 |
| this section that relates to the appropriate law enforcement | 22419 |
| agency that substantially conducted the investigation. | 22420 |
| If the state highway patrol substantially conducted the | 22421 |
| investigation, the director of budget and management shall | 22422 |
| transfer the remaining proceeds to the state highway patrol for | 22423 |
| deposit into the | 22424 |
| forfeiture, and other fund that is created by division (D)(1)(c) | 22425 |
| of section 2933.43 of the Revised Code. If the state board of | 22426 |
| pharmacy substantially conducted the investigation, the director | 22427 |
| shall transfer the remaining proceeds to the board for deposit | 22428 |
| into the board of pharmacy drug law enforcement fund that is | 22429 |
| created by division (B)(1) of section 4729.65 of the Revised Code. | 22430 |
| If a state law enforcement agency, other than the state highway | 22431 |
| patrol, the board, or the attorney general, substantially | 22432 |
| conducted the investigation, the director shall transfer the | 22433 |
| remaining proceeds to the treasurer of state for deposit into the | 22434 |
| peace officer training commission fund that is created by division | 22435 |
| (D)(1)(c) of section 2933.43 of the Revised Code. | 22436 |
| The remaining proceeds that are paid to the attorney general | 22437 |
| shall be used and expended only in relation to the investigation | 22438 |
| and prosecution of medicaid fraud offenses or the activities | 22439 |
| identified in section 109.85 of the Revised Code, and those that | 22440 |
| are paid to a law enforcement trust fund or that are deposited | 22441 |
| into the | 22442 |
| other fund, the board of pharmacy drug law enforcement fund, or | 22443 |
| the peace officer training commission fund pursuant to division | 22444 |
| (C)(2)(b) of this section shall be allocated, used, and expended | 22445 |
| only in accordance with division (D)(1)(c) of section 2933.43 of | 22446 |
| the Revised Code, only in accordance with a written internal | 22447 |
| control policy adopted under division (D)(3) of that section, and, | 22448 |
| if applicable, only in accordance with division (B)(1) of section | 22449 |
| 4729.65 of the Revised Code. The annual reports that pertain to | 22450 |
| the funds and that are required by divisions (D)(1)(c) and (3)(b) | 22451 |
| of section 2933.43 of the Revised Code also shall address the | 22452 |
| remaining proceeds that are paid or deposited into the funds | 22453 |
| pursuant to division (C)(2)(b) of this section. | 22454 |
| (3) If more than one law enforcement agency substantially | 22455 |
| conducted the investigation, the court ordering the forfeiture | 22456 |
| shall equitably divide the remaining proceeds among the law | 22457 |
| enforcement agencies that substantially conducted the | 22458 |
| investigation, in the manner described in division (D)(2) of | 22459 |
| section 2933.43 of the Revised Code for the equitable division of | 22460 |
| contraband proceeds and forfeited moneys. The equitable shares of | 22461 |
| the proceeds so determined by the court shall be paid or deposited | 22462 |
| into the appropriate funds specified in division (C)(2)(b) of this | 22463 |
| section. | 22464 |
| (D) As used in this section, "law enforcement agency" | 22465 |
| includes, but is not limited to, the state board of pharmacy. | 22466 |
| Sec. 2949.092. If a person is convicted of or pleads guilty | 22467 |
| to an offense and the court specifically is required, pursuant to | 22468 |
| section 2743.70 | 22469 |
| pursuant to any other section of the Revised Code | 22470 |
| specified sum of money as costs in the case in addition to any | 22471 |
| other costs that the court is required or permitted by law to | 22472 |
| impose in the case, the court shall not waive the payment of the | 22473 |
| specified additional court costs that the section of the Revised | 22474 |
| Code specifically requires the court to impose unless the court | 22475 |
| determines that the offender is indigent and the court waives the | 22476 |
| payment of all court costs imposed upon the offender. | 22477 |
| Sec. 2949.093. (A) A board of county commissioners of any | 22478 |
| county containing fifty-five or more law enforcement agencies by | 22479 |
| resolution may elect to participate in a criminal justice regional | 22480 |
| information system, either by creating and maintaining a new | 22481 |
| criminal justice regional information system or by participating | 22482 |
| in an existing criminal justice regional information system. | 22483 |
| (B) A county is not eligible to participate in any criminal | 22484 |
| justice regional information system unless it creates in its | 22485 |
| county treasury, pursuant to section 305.28 of the Revised Code, a | 22486 |
| criminal justice regional information fund. | 22487 |
| (C) A county that elects to participate in a criminal justice | 22488 |
| regional information system shall obtain revenues to fund its | 22489 |
| participation by establishing an additional court cost not | 22490 |
| exceeding five dollars to be imposed for moving violations that | 22491 |
| occur in that county. The board of county commissioners of that | 22492 |
| county shall establish the amount of the additional court cost by | 22493 |
| resolution. The board shall give written notice to all courts | 22494 |
| located in that county that adjudicate or otherwise process moving | 22495 |
| violations that occur in that county of the county's election to | 22496 |
| participate in the system and of the amount of the additional | 22497 |
| court cost. Upon receipt of such notice, each recipient court | 22498 |
| shall impose that amount as an additional court cost for all | 22499 |
| moving violations the court adjudicates or otherwise processes, in | 22500 |
| accordance with divisions (D) and (E) of this section. | 22501 |
| (D)(1) The court in which any person is convicted of or | 22502 |
| pleads guilty to any moving violation that occurs in a county that | 22503 |
| has elected to participate in a criminal justice regional | 22504 |
| information system shall impose the sum established by the board | 22505 |
| pursuant to division (C) of this section as costs in the case in | 22506 |
| addition to any other court costs that the court is required by | 22507 |
| law to impose upon the offender. The court shall not waive the | 22508 |
| payment of the additional court cost established by the board | 22509 |
| pursuant to division (C) of this section unless the court | 22510 |
| determines that the offender is indigent and waives the payment of | 22511 |
| all court costs imposed upon the indigent offender. | 22512 |
| All such money collected during a month shall be transmitted | 22513 |
| on the first business day of the following month by the clerk of | 22514 |
| the court to the county treasurer of the county in which the court | 22515 |
| is located and thereafter the county treasurer shall deposit the | 22516 |
| money in that county's criminal justice regional information fund. | 22517 |
| (2) The juvenile court in which a child is found to be a | 22518 |
| juvenile traffic offender for an act that is a moving violation | 22519 |
| occurring in a county participating in a criminal justice regional | 22520 |
| information system shall impose the sum established by the board | 22521 |
| pursuant to division (C) of this section as costs in the case in | 22522 |
| addition to any other court costs that the court is required by | 22523 |
| law to impose upon the juvenile traffic offender. The juvenile | 22524 |
| court shall not waive the payment of the additional court cost | 22525 |
| established by the board pursuant to division (C) of this section | 22526 |
| unless the court determines that the juvenile is indigent and | 22527 |
| waives the payment of all court costs imposed upon the indigent | 22528 |
| offender. | 22529 |
| All such money collected during a month shall be transmitted | 22530 |
| on the first business day of the following month by the clerk of | 22531 |
| the court to the county treasurer of the county in which the | 22532 |
| juvenile court is located and thereafter the county treasurer | 22533 |
| shall deposit the money in that county's criminal justice regional | 22534 |
| information fund. | 22535 |
| (E) Whenever a person is charged with any offense that is a | 22536 |
| moving violation and posts bail, the court shall add to the amount | 22537 |
| of the bail the set sum required to be paid by division (D)(1) of | 22538 |
| this section. The clerk of the court shall retain that set sum | 22539 |
| until the person is convicted, pleads guilty, forfeits bail, is | 22540 |
| found not guilty, or has the charges dismissed. If the person is | 22541 |
| convicted, pleads guilty, or forfeits bail, the clerk shall | 22542 |
| transmit the set sum to the county treasurer, who shall deposit it | 22543 |
| in the county criminal justice regional information fund. If the | 22544 |
| person is found not guilty or the charges are dismissed, the clerk | 22545 |
| shall return the set sum to the person. | 22546 |
| (F) No person shall be placed or held in a detention facility | 22547 |
| as defined in section 2921.01 of the Revised Code for failing to | 22548 |
| pay the court cost or bail that is required to be paid by this | 22549 |
| section. | 22550 |
| (G)(1) Except as provided in division (G)(2) of this section, | 22551 |
| all funds collected by a county under this section shall be used | 22552 |
| by that county only to pay the costs it incurs in creating and | 22553 |
| maintaining a new criminal justice regional information system or | 22554 |
| to pay the costs it incurs in participating in an existing | 22555 |
| criminal justice regional information system. | 22556 |
| (2) If the board of county commissioners of a county | 22557 |
| determines that the funds in that county's criminal justice | 22558 |
| regional information fund are more than sufficient to satisfy the | 22559 |
| purpose for which the additional court cost described in division | 22560 |
| (C) of this section was imposed, the board may declare a surplus | 22561 |
| in the fund. The county may expend the surplus only to pay the | 22562 |
| costs it incurs in improving the law enforcement computer | 22563 |
| technology of local law enforcement agencies located in that | 22564 |
| county. | 22565 |
| (H) As used in this section: | 22566 |
| (1) "Moving violation" means any violation of any statute or | 22567 |
| ordinance, other than section 4513.263 of the Revised Code or an | 22568 |
| ordinance that is substantially equivalent to that section, that | 22569 |
| regulates the operation of vehicles, streetcars, or trackless | 22570 |
| trolleys on highways or streets or that regulates size or load | 22571 |
| limitations or fitness requirements of vehicles. "Moving | 22572 |
| violation" does not include the violation of any statute or | 22573 |
| ordinance that regulates pedestrians or the parking of vehicles. | 22574 |
| (2) "Bail" means cash, a check, a money order, a credit card, | 22575 |
| or any other form of money that is posted by or for an offender | 22576 |
| pursuant to sections 2937.22 to 2937.46 of the Revised Code, | 22577 |
| Criminal Rule 46, or Traffic Rule 4 to prevent the offender from | 22578 |
| being placed or held in a detention facility, as defined in | 22579 |
| section 2921.01 of the Revised Code. | 22580 |
| (3) "Criminal justice regional information system" means a | 22581 |
| governmental computer system that serves as a cooperative between | 22582 |
| political subdivisions in a particular region for the purpose of | 22583 |
| providing a consolidated computerized information system for | 22584 |
| criminal justice agencies in that region. | 22585 |
| Sec. 2971.05. (A)(1) After control over an offender's | 22586 |
| service of a prison term imposed pursuant to division (A)(3) of | 22587 |
| section 2971.03 of the Revised Code has been transferred pursuant | 22588 |
| to section 2971.04 of the Revised Code to the court, the court | 22589 |
| shall schedule, within thirty days of any of the following, a | 22590 |
| hearing on whether to modify in accordance with division (C) of | 22591 |
| this section the requirement that the offender serve the entire | 22592 |
| prison term in a state correctional institution or to terminate | 22593 |
| the prison term in accordance with division (D) of this section: | 22594 |
| (a) Control over the offender's service of a prison term is | 22595 |
| transferred pursuant to section 2971.04 of the Revised Code to the | 22596 |
| court, and no hearing to modify the requirement has been held; | 22597 |
| (b) Two years elapse after the most recent prior hearing held | 22598 |
| pursuant to division (A)(1) or (2) of this section; | 22599 |
| (c) The prosecuting attorney, the department of | 22600 |
| rehabilitation and correction, or the adult parole authority | 22601 |
| requests the hearing, and recommends that the requirement be | 22602 |
| modified or that the offender's prison term be terminated. | 22603 |
| (2) After control over the offender's service of a prison | 22604 |
| term has been transferred pursuant to section 2971.04 of the | 22605 |
| Revised Code to the court, the court, within thirty days of either | 22606 |
| of the following, shall conduct a hearing on whether to modify in | 22607 |
| accordance with division (C) of this section the requirement that | 22608 |
| the offender serve the entire prison term in a state correctional | 22609 |
| institution, whether to continue, revise, or revoke an existing | 22610 |
| modification of that requirement, or whether to terminate the term | 22611 |
| in accordance with division (D) of this section: | 22612 |
| (a) The requirement that the offender serve the entire prison | 22613 |
| term in a state correctional institution has been modified, and | 22614 |
| the offender is taken into custody for any reason. | 22615 |
| (b) The department of rehabilitation and correction or the | 22616 |
| prosecuting attorney notifies the court pursuant to section | 22617 |
| 2971.06 of the Revised Code regarding a known or suspected | 22618 |
| violation of a term or condition of the modification or a belief | 22619 |
| that there is a substantial likelihood that the offender has | 22620 |
| committed or is about to commit a sexually violent offense. | 22621 |
| (3) After control over the offender's service of a prison | 22622 |
| term has been transferred pursuant to section 2971.04 of the | 22623 |
| Revised Code to the court, the court, in any of the following | 22624 |
| circumstances, may conduct a hearing within thirty days to | 22625 |
| determine whether to modify in accordance with division (C) of | 22626 |
| this section the requirement that the offender serve the entire | 22627 |
| prison term in a state correctional institution, whether to | 22628 |
| continue, revise, or revoke an existing modification of that | 22629 |
| requirement, or whether to terminate the sentence in accordance | 22630 |
| with division (D) of this section: | 22631 |
| (a) The offender requests the hearing; | 22632 |
| (b) Upon the court's own motion; | 22633 |
| (c) One or more examiners who have conducted a psychological | 22634 |
| examination and assessment of the offender file a statement that | 22635 |
| states that there no longer is a likelihood that the offender will | 22636 |
| engage in the future in a sexually violent offense. | 22637 |
| (B)(1) Before a court holds a hearing pursuant to division | 22638 |
| (A) of this section, the court shall provide notice of the date, | 22639 |
| time, place, and purpose of the hearing to the offender, the | 22640 |
| prosecuting attorney, the department of rehabilitation and | 22641 |
| correction, and the adult parole authority and shall request the | 22642 |
| department to prepare pursuant to section 5120.61 of the Revised | 22643 |
| Code an update of the most recent risk assessment and report | 22644 |
| relative to the offender. The offender has the right to be present | 22645 |
| at any hearing held under this section. At the hearing, the | 22646 |
| offender and the prosecuting attorney may make a statement and | 22647 |
| present evidence as to whether the requirement should or should | 22648 |
| not be modified, whether the existing modification of the | 22649 |
| requirement should be continued, revised, or revoked, and whether | 22650 |
| the prison term should or should not be terminated. | 22651 |
| (2) At a hearing held pursuant to division (A) of this | 22652 |
| section, the court may and, if the hearing is held pursuant to | 22653 |
| division (A)(1)(a), (1)(b), or (3)(c) of this section, shall | 22654 |
| determine by clear and convincing evidence whether the offender is | 22655 |
| unlikely to commit a sexually violent offense in the future. | 22656 |
| (3) At the conclusion of the hearing held pursuant to | 22657 |
| division (A) of this section, the court may order that the | 22658 |
| requirement that the offender serve the entire prison term in a | 22659 |
| state correctional institution be continued, that the requirement | 22660 |
| be modified pursuant to division (C) of this section, that an | 22661 |
| existing modification be continued, revised, or revoked pursuant | 22662 |
| to division (C) of this section, or that the prison term be | 22663 |
| terminated pursuant to division (D) of this section. | 22664 |
| (C)(1) If, at the conclusion of a hearing held pursuant to | 22665 |
| division (A) of this section, the court determines by clear and | 22666 |
| convincing evidence that the offender will not represent a | 22667 |
| substantial risk of physical harm to others, the court may modify | 22668 |
| the requirement that the offender serve the entire prison term in | 22669 |
| a state correctional institution in a manner that the court | 22670 |
| considers appropriate. If the court modifies the requirement, the | 22671 |
| offender is subject to supervision under division (E) of this | 22672 |
| section. | 22673 |
| (2) The modification of the requirement does not terminate | 22674 |
| the prison term but serves only to suspend the requirement that | 22675 |
| the offender serve the entire term in a state correctional | 22676 |
| institution. The prison term shall remain in effect for the | 22677 |
| offender's entire life unless the court terminates the prison term | 22678 |
| pursuant to division (D) of this section. The offender shall | 22679 |
| remain under the jurisdiction of the court for the offender's | 22680 |
| entire life unless the court so terminates the prison term. The | 22681 |
| modification of the requirement does not terminate the | 22682 |
| classification of the offender, as described in division (F) of | 22683 |
| section 2971.03 of the Revised Code, as a sexual predator for | 22684 |
| purposes of Chapter 2950. of the Revised Code, and the offender is | 22685 |
| subject to supervision under division (E) of this section. | 22686 |
| (3) If the court revokes the modification under | 22687 |
| consideration, the court shall order that the offender be returned | 22688 |
| to the custody of the department of rehabilitation and correction | 22689 |
| to continue serving the prison term to which the modification | 22690 |
| applied, and section 2971.06 of the Revised Code applies regarding | 22691 |
| the offender. | 22692 |
| (D)(1) If, at the conclusion of a hearing held pursuant to | 22693 |
| division (A) of this section, the court determines by clear and | 22694 |
| convincing evidence that the offender is unlikely to commit a | 22695 |
| sexually violent offense in the future, the court may terminate | 22696 |
| the offender's prison term imposed under division (A)(3) of | 22697 |
| section 2971.03 of the Revised Code, subject to the offender | 22698 |
| satisfactorily completing the period of conditional release | 22699 |
| required by this division and compliance with division (E) of this | 22700 |
| section. If the court terminates the prison term, the court shall | 22701 |
| place the offender on conditional release for five years, require | 22702 |
| the offender to comply with division (E) of this section, notify | 22703 |
| the adult parole authority of its determination and of the | 22704 |
| termination of the prison term, and order the adult parole | 22705 |
| authority to supervise the offender during the five-year period of | 22706 |
| conditional release and to supervise the offender pursuant to | 22707 |
| division (E) of this section. Upon receipt of a notice from a | 22708 |
| court pursuant to this division, the adult parole authority shall | 22709 |
| supervise the offender who is the subject of the notice during the | 22710 |
| five-year period of conditional release, periodically notify the | 22711 |
| court of the offender's activities during that five-year period of | 22712 |
| conditional release, and file with the court no later than thirty | 22713 |
| days prior to the expiration of the five-year period of | 22714 |
| conditional release a written recommendation as to whether the | 22715 |
| termination of the offender's prison term should be finalized, | 22716 |
| whether the period of conditional release should be extended, or | 22717 |
| whether another type of action authorized pursuant to this chapter | 22718 |
| should be taken. | 22719 |
| Upon receipt of a recommendation of the adult parole | 22720 |
| authority filed pursuant to this division, the court shall hold a | 22721 |
| hearing to determine whether to finalize the termination of the | 22722 |
| offender's prison term, to extend the period of conditional | 22723 |
| release, or to take another type of action authorized pursuant to | 22724 |
| this chapter. The court shall hold the hearing no later than the | 22725 |
| date on which the five-year period of conditional release | 22726 |
| terminates and shall provide notice of the date, time, place, and | 22727 |
| purpose of the hearing to the offender and to the prosecuting | 22728 |
| attorney. At the hearing, the offender, the prosecuting attorney, | 22729 |
| and the adult parole authority employee who supervised the | 22730 |
| offender during the period of conditional release may make a | 22731 |
| statement and present evidence. | 22732 |
| (2) If the court determines to extend an offender's period of | 22733 |
| conditional release, it may do so for additional periods of one | 22734 |
| year in the same manner as the original period of conditional | 22735 |
| release, and except as otherwise described in this division, all | 22736 |
| procedures and requirements that applied to the original period of | 22737 |
| conditional release apply to the additional period of extended | 22738 |
| conditional release unless the court modifies a procedure or | 22739 |
| requirement. If an offender's period of conditional release is | 22740 |
| extended as described in this division, all references to a | 22741 |
| five-year period of conditional release that are contained in | 22742 |
| division (D)(1) of this section shall be construed, in applying | 22743 |
| the provisions of that division to the extension, as being | 22744 |
| references to the one-year period of the extension of the | 22745 |
| conditional release. | 22746 |
| If the court determines to take another type of action | 22747 |
| authorized pursuant to this chapter, it may do so in the same | 22748 |
| manner as if the action had been taken at any other stage of the | 22749 |
| proceedings under this chapter. As used in this division, "another | 22750 |
| type of action" includes the revocation of the conditional release | 22751 |
| and the return of the offender to a state correctional institution | 22752 |
| to continue to serve the prison term. | 22753 |
| If the court determines to finalize the termination of the | 22754 |
| offender's prison term, it shall notify the department of | 22755 |
| rehabilitation and correction, the department shall enter into its | 22756 |
| records a final release and issue to the offender a certificate of | 22757 |
| final release, and the prison term thereafter shall be considered | 22758 |
| completed and terminated in every way. | 22759 |
| The termination of the offender's prison term pursuant to | 22760 |
| division (D)(1) or (2) of this section does not affect the | 22761 |
| classification of the offender, as described in division (F) of | 22762 |
| section 2971.03 of the Revised Code, as a sexual predator for | 22763 |
| purposes of Chapter 2950. of the Revised Code, and does not | 22764 |
| terminate the adult parole authority's supervision of a sexually | 22765 |
| violent predator with an active global positioning system device, | 22766 |
| pursuant to division (E) of this section. The classification of | 22767 |
| the offender as a sexual predator is permanent and continues until | 22768 |
| the offender's death as described in division (D)(2) of section | 22769 |
| 2950.09 of the Revised Code. | 22770 |
| (E) The adult parole authority shall supervise an offender | 22771 |
| whose prison term is modified as provided in division (C) of this | 22772 |
| section or whose prison term is terminated as provided in division | 22773 |
| (D) of this section with an active global positioning system | 22774 |
| device during any time period in which the offender is not | 22775 |
| incarcerated in a state correctional institution. Unless the court | 22776 |
| removes the offender's classification as a sexually violent | 22777 |
| predator, an offender is subject to supervision with an active | 22778 |
| global positioning system pursuant to this division for the | 22779 |
| offender's entire life. The costs of administering the supervision | 22780 |
| of sexually violent offenders with an active global positioning | 22781 |
| system device shall be paid out of funds from the reparations | 22782 |
| fund, created pursuant to section 2743.191 of the Revised Code. | 22783 |
| This division shall only apply to a sexually violent predator who | 22784 |
| is released from the custody of the department of rehabilitation | 22785 |
| and correction on or after the effective date of this amendment. | 22786 |
| Sec. 3107.10. (A) Notwithstanding section 3107.01 of the | 22787 |
| Revised Code, as used in this section, "agency" does not include a | 22788 |
| public children services agency. | 22789 |
| (B) An agency or attorney, whichever arranges a minor's | 22790 |
| adoption, shall file with the court a preliminary estimate | 22791 |
| accounting not later than the time the adoption petition for the | 22792 |
| minor is filed with the court. The agency or attorney, whichever | 22793 |
| arranges the adoption, also shall file a final accounting with the | 22794 |
| court before a final decree of adoption is issued or an | 22795 |
| interlocutory order of adoption is finalized for the minor. The | 22796 |
| agency or attorney shall complete and file accountings in a manner | 22797 |
| acceptable to the court. | 22798 |
| An accounting shall specify all disbursements of anything of | 22799 |
| value the petitioner, a person on the petitioner's behalf, and the | 22800 |
| agency or attorney made and has agreed to make in connection with | 22801 |
| the minor's permanent surrender under division (B) of section | 22802 |
| 5103.15 of the Revised Code, placement under section 5103.16 of | 22803 |
| the Revised Code, and adoption under this chapter. The agency or | 22804 |
| attorney shall include in an accounting an itemization of each | 22805 |
| expense listed in division (C) of this section. The itemization of | 22806 |
| the expenses specified in divisions (C)(3) and (4) of this section | 22807 |
| shall show the amount the agency or attorney charged or is going | 22808 |
| to charge for the services and the actual cost to the agency or | 22809 |
| attorney of providing the services. An accounting shall indicate | 22810 |
| whether any expenses listed in division (C) of this section do not | 22811 |
| apply to the adoption proceeding for which the accounting is | 22812 |
| filed. | 22813 |
| The agency or attorney shall include with a preliminary | 22814 |
| estimate accounting and a final accounting a written statement | 22815 |
| signed by the petitioner that the petitioner has reviewed the | 22816 |
| accounting and attests to its accuracy. | 22817 |
| (C) No petitioner, person acting on a petitioner's behalf, or | 22818 |
| agency or attorney shall make or agree to make any disbursements | 22819 |
| in connection with the minor's permanent surrender, placement, or | 22820 |
| adoption other than for the following: | 22821 |
| (1) Physician expenses incurred on behalf of the birth mother | 22822 |
| or minor in connection with prenatal care, delivery, and | 22823 |
| confinement prior to or following the minor's birth; | 22824 |
| (2) Hospital or other medical facility expenses incurred on | 22825 |
| behalf of the birth mother or minor in connection with the minor's | 22826 |
| birth; | 22827 |
| (3) Expenses charged by the attorney arranging the adoption | 22828 |
| for providing legal services in connection with the placement and | 22829 |
| adoption, including expenses incurred by the attorney pursuant to | 22830 |
| sections 3107.031, 3107.081, 3107.082, 3107.09, and 3107.12 of the | 22831 |
| Revised Code; | 22832 |
| (4) Expenses charged by the agency arranging the adoption for | 22833 |
| providing services in connection with the permanent surrender and | 22834 |
| adoption, including the agency's application fee and the expenses | 22835 |
| incurred by the agency pursuant to sections 3107.031, 3107.09, | 22836 |
| 3107.12, 5103.151, and 5103.152 of the Revised Code; | 22837 |
| (5) Temporary costs of routine maintenance and medical care | 22838 |
| for a minor required under section 5103.16 of the Revised Code if | 22839 |
| the person seeking to adopt the minor refuses to accept placement | 22840 |
| of the minor; | 22841 |
| (6) Guardian ad litem fees incurred on behalf of the minor in | 22842 |
| any court proceedings; | 22843 |
| (7) Foster care expenses incurred in connection with any | 22844 |
| temporary care and maintenance of the minor; | 22845 |
| (8) Court expenses incurred in connection with the minor's | 22846 |
| permanent surrender, placement, and adoption. | 22847 |
| (D) If a court determines from an accounting that an amount | 22848 |
| that is going to be disbursed for an expense listed in division | 22849 |
| (C) of this section is unreasonable, the court may order a | 22850 |
| reduction in the amount to be disbursed. If a court determines | 22851 |
| from an accounting that an unreasonable amount was disbursed for | 22852 |
| an expense listed in division (C) of this section, the court may | 22853 |
| order the person who received the disbursement to refund to the | 22854 |
| person who made the disbursement an amount the court orders. | 22855 |
| If a court determines from an accounting that a disbursement | 22856 |
| for an expense not permitted by division (C) of this section is | 22857 |
| going to be made, the court may issue an injunction prohibiting | 22858 |
| the disbursement. If a court determines from an accounting that a | 22859 |
| disbursement for an expense not permitted by division (C) of this | 22860 |
| section was made, the court may order the person who received the | 22861 |
| disbursement to return it to the person who made the disbursement. | 22862 |
| If a court determines that a final accounting does not | 22863 |
| completely report all the disbursements that are going to be made | 22864 |
| or have been made in connection with the minor's permanent | 22865 |
| surrender, placement, and adoption, the court shall order the | 22866 |
| agency or attorney to file with the court an accounting that | 22867 |
| completely reports all such disbursements. | 22868 |
| The agency or attorney shall file the final accounting with | 22869 |
| the court not later than ten days prior to the date scheduled for | 22870 |
| the final hearing on the adoption. The court may not issue a final | 22871 |
| decree of adoption or finalize an interlocutory order of adoption | 22872 |
| of a minor until at least ten days after the agency or attorney | 22873 |
| files the final accounting. | 22874 |
| (E) | 22875 |
| 22876 | |
| 22877 | |
| 22878 | |
| 22879 |
| | 22880 |
| 22881 | |
| 22882 | |
| 22883 | |
| 22884 |
| | 22885 |
| 22886 | |
| 22887 | |
| 22888 | |
| 22889 |
| | 22890 |
| 22891 |
| | 22892 |
| 22893 | |
| 22894 | |
| 22895 |
| | 22896 |
| stepparent whose spouse is a biological or adoptive parent of the | 22897 |
| minor. | 22898 |
| Sec. 3111.04. (A) An action to determine the existence or | 22899 |
| nonexistence of the father and child relationship may be brought | 22900 |
| by the child or the child's personal representative, the child's | 22901 |
| mother or her personal representative, a man alleged or alleging | 22902 |
| himself to be the child's father, the child support enforcement | 22903 |
| agency of the county in which the child resides if the child's | 22904 |
| mother is a recipient of public assistance or of services under | 22905 |
| Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 | 22906 |
| U.S.C.A. 651, as amended, or the alleged father's personal | 22907 |
| representative. | 22908 |
| (B) An agreement does not bar an action under this section. | 22909 |
| (C) If an action under this section is brought before the | 22910 |
| birth of the child and if the action is contested, all | 22911 |
| proceedings, except service of process and the taking of | 22912 |
| depositions to perpetuate testimony, may be stayed until after the | 22913 |
| birth. | 22914 |
| (D) A recipient of public assistance or of services under | 22915 |
| Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 | 22916 |
| U.S.C.A. 651, as amended, shall cooperate with the child support | 22917 |
| enforcement agency of the county in which a child resides to | 22918 |
| obtain an administrative determination pursuant to sections | 22919 |
| 3111.38 to 3111.54 of the Revised Code, or, if necessary, a court | 22920 |
| determination pursuant to sections 3111.01 to 3111.18 of the | 22921 |
| Revised Code, of the existence or nonexistence of a parent and | 22922 |
| child relationship between the father and the child. If the | 22923 |
| recipient fails to cooperate, the agency may commence an action to | 22924 |
| determine the existence or nonexistence of a parent and child | 22925 |
| relationship between the father and the child pursuant to sections | 22926 |
| 3111.01 to 3111.18 of the Revised Code. | 22927 |
| (E) As used in this section, "public assistance" means | 22928 |
| medical assistance under Chapter 5111. of the Revised Code, | 22929 |
| assistance under Chapter 5107. of the Revised Code, or disability | 22930 |
| financial assistance under Chapter
5115. of the Revised Code | 22931 |
| 22932 | |
| 22933 |
| Sec. 3119.54. If either party to a child support order | 22934 |
| issued in accordance with section 3119.30 of the Revised Code is | 22935 |
|
eligible
for medical assistance under Chapter
5111. | 22936 |
| the Revised Code and the other party has obtained health insurance | 22937 |
| coverage, the party eligible for medical assistance shall notify | 22938 |
| any physician, hospital, or other provider of medical services for | 22939 |
| which medical assistance is available of the name and address of | 22940 |
| the other party's insurer and of the number of the other party's | 22941 |
| health insurance or health care policy, contract, or plan. Any | 22942 |
| physician, hospital, or other provider of medical services for | 22943 |
|
which medical assistance is
available under Chapter 5111. | 22944 |
| of the Revised Code who is notified under this division of the | 22945 |
| existence of a health insurance or health care policy, contract, | 22946 |
| or plan with coverage for children who are eligible for medical | 22947 |
| assistance shall first bill the insurer for any services provided | 22948 |
| for those children. If the insurer fails to pay all or any part of | 22949 |
| a claim filed under this section and the services for which the | 22950 |
|
claim is filed are
covered
by
Chapter 5111. | 22951 |
| Revised Code, the physician, hospital, or other medical services | 22952 |
| provider shall bill the remaining unpaid costs of the services in | 22953 |
|
accordance with
Chapter 5111. | 22954 |
| Sec. 3121.12. (A) On receipt of a notice that a lump sum | 22955 |
| payment of one hundred fifty dollars or more is to be paid to the | 22956 |
| obligor, the court, with respect to a court support order, or the | 22957 |
| child support enforcement agency, with respect to an | 22958 |
| administrative child support order, shall do either of the | 22959 |
| following: | 22960 |
| (1) If the obligor is in default under the support order or | 22961 |
| has any arrearages under the support order, issue an order | 22962 |
| requiring the transmittal of the lump sum payment, or any portion | 22963 |
| of the lump sum payment sufficient to pay the arrearage in full, | 22964 |
| to the office of child support; | 22965 |
| (2) If the obligor is not in default under the support order | 22966 |
| and does not have any arrearages under the support order, issue an | 22967 |
| order directing the person who gave the notice to the court or | 22968 |
| agency to immediately pay the full amount of the lump sum payment | 22969 |
| to the obligor. | 22970 |
| (B) | 22971 |
| child support pursuant to division
(A) of this section | 22972 |
| 22973 | |
| 22974 | |
| 22975 | |
| 22976 | |
| 22977 | |
| adopted under section 3121.71 of the Revised Code. | 22978 |
| (C) A court that issued an order prior to January 1, 1998, | 22979 |
| requiring an employer to withhold an amount from an obligor's | 22980 |
| personal earnings for the payment of support shall issue a | 22981 |
| supplemental order that does not change the original order or the | 22982 |
| related support order requiring the employer to do all of the | 22983 |
| following: | 22984 |
| (1) No later than the earlier of forty-five days before a | 22985 |
| lump sum payment is to be made or, if the obligor's right to a | 22986 |
| lump sum payment is determined less than forty-five days before it | 22987 |
| is to be made, the date on which that determination is made, | 22988 |
| notify the child support enforcement agency of any lump sum | 22989 |
| payment of any kind of one hundred fifty dollars or more that is | 22990 |
| to be paid to the obligor; | 22991 |
| (2) Hold the lump sum payment for thirty days after the date | 22992 |
| on which it would otherwise be paid to the obligor; | 22993 |
| (3) On order of the court, pay any specified amount of the | 22994 |
| lump sum payment to the office of child support. | 22995 |
| (D) An employer that knowingly fails to notify the child | 22996 |
| support enforcement agency in accordance with this section or | 22997 |
| section 3121.03 of the Revised Code of any lump sum payment to be | 22998 |
| made to an obligor is liable for any support payment not made to | 22999 |
| the obligee as a result of its knowing failure to give the notice. | 23000 |
| Sec. 3121.50. On receipt of any amount forwarded from a | 23001 |
| payor or financial institution, the office of child support shall | 23002 |
| distribute the amount to the obligee within two business days of | 23003 |
| its receipt of the amount
forwarded. | 23004 |
| prohibited from doing so by a law of this state or the United | 23005 |
| States, the office may distribute the amount by means of | 23006 |
| electronic disbursement, and the obligee shall accept payment by | 23007 |
| means of electronic disbursement. The director of job and family | 23008 |
| services may adopt, revise, or amend rules under Chapter 119. of | 23009 |
| the Revised Code to assist in the implementation of this section. | 23010 |
| Sec. 3125.18. A child support enforcement agency shall | 23011 |
| administer a Title IV-A program identified under division | 23012 |
|
(A) | 23013 |
| the department of job and family services provides for the agency | 23014 |
| to administer under the department's supervision pursuant to | 23015 |
| section 5101.801 of the Revised Code. | 23016 |
| Sec. 3125.191. There is hereby created in the state treasury | 23017 |
| the child support operating fund, which is a state special revenue | 23018 |
| fund. The department of job and family services may deposit into | 23019 |
| the fund a portion of the federal incentives described in division | 23020 |
| (A) of section 3125.19 of the Revised Code and authorized by 42 | 23021 |
| U.S.C. 658a that are received by the department of job and family | 23022 |
| services from the United States department of health and human | 23023 |
| services. The department of job and family services may use money | 23024 |
| in the child support operating fund for program and administrative | 23025 |
| purposes associated with the program of child support enforcement | 23026 |
| authorized by section 3125.03 of the Revised Code. | 23027 |
| Sec. 3301.079. (A)(1) Not later than December 31, 2001, the | 23028 |
| state board of education shall adopt statewide academic standards | 23029 |
| for each of grades kindergarten through twelve in reading, | 23030 |
| writing, and mathematics. Not later than December 31, 2002, the | 23031 |
| state board shall adopt statewide academic standards for each of | 23032 |
| grades kindergarten through twelve in science and social studies. | 23033 |
| The standards shall specify the academic content and skills that | 23034 |
| students are expected to know and be able to do at each grade | 23035 |
| level. | 23036 |
| (2) When academic standards have been completed for any | 23037 |
| subject area required by this division, the state board shall | 23038 |
| inform all school districts of the content of those standards. | 23039 |
| (B) Not later than eighteen months after the completion of | 23040 |
| academic standards for any subject area required by division (A) | 23041 |
| of this section, the state board shall adopt a model curriculum | 23042 |
| for instruction in that subject area for each of grades | 23043 |
| kindergarten through twelve that is sufficient to meet the needs | 23044 |
| of students in every community. The model curriculum shall be | 23045 |
| aligned with the standards to ensure that the academic content and | 23046 |
| skills specified for each grade level are taught to students. When | 23047 |
| any model curriculum has been completed, the state board shall | 23048 |
| inform all school districts of the content of that model | 23049 |
| curriculum. | 23050 |
| All school districts may utilize the state standards and the | 23051 |
| model curriculum established by the state board, together with | 23052 |
| other relevant resources, examples, or models to ensure that | 23053 |
| students have the opportunity to attain the academic standards. | 23054 |
| Upon request, the department of education shall provide technical | 23055 |
| assistance to any district in implementing the model curriculum. | 23056 |
| Nothing in this section requires any school district to | 23057 |
| utilize all or any part of a model curriculum developed under this | 23058 |
| division. | 23059 |
| (C) The state board shall develop achievement tests aligned | 23060 |
| with the academic standards and model curriculum for each of the | 23061 |
| subject areas and grade levels required by section 3301.0710 of | 23062 |
| the Revised Code. | 23063 |
| When any achievement test has been completed, the state board | 23064 |
| shall inform all school districts of its completion, and the | 23065 |
| department of education shall make the achievement test available | 23066 |
| to the districts. School districts shall administer the | 23067 |
| achievement test beginning in the school year indicated in section | 23068 |
| 3301.0712 of the Revised Code. | 23069 |
| (D)(1) | 23070 |
| 23071 | |
| diagnostic assessment aligned with the academic standards and | 23072 |
| model curriculum for each of grades kindergarten through two in | 23073 |
|
reading, writing, and mathematics and for | 23074 |
| three
| 23075 |
| 23076 | |
| measure student comprehension of academic content and mastery of | 23077 |
| related skills for the relevant subject area and grade level. Any | 23078 |
| diagnostic assessment shall not include components to identify | 23079 |
| gifted students. Blank copies of diagnostic tests shall be public | 23080 |
| records. | 23081 |
| (2) When each diagnostic assessment has been completed, the | 23082 |
| state board shall inform all school districts of its completion | 23083 |
| and the department of education shall make the diagnostic | 23084 |
| assessment available to the districts at no cost to the district. | 23085 |
| School districts shall administer the diagnostic assessment | 23086 |
| pursuant to section 3301.0715 of the Revised Code beginning the | 23087 |
| first school year following the development of the assessment. | 23088 |
| | 23089 |
| 23090 | |
| 23091 |
| (E) Whenever the state board or the department of education | 23092 |
| consults with persons for the purpose of drafting or reviewing any | 23093 |
| standards, diagnostic assessments, achievement tests, or model | 23094 |
| curriculum required under this section, the state board or the | 23095 |
| department shall first consult with parents of students in | 23096 |
| kindergarten through twelfth grade and with active Ohio classroom | 23097 |
| teachers, other school personnel, and administrators with | 23098 |
| expertise in the appropriate subject area. Whenever practicable, | 23099 |
| the state board and department shall consult with teachers | 23100 |
| recognized as outstanding in their fields. | 23101 |
| If the department contracts with more than one outside entity | 23102 |
| for the development of the achievement tests required by this | 23103 |
| section, the department shall ensure the interchangeability of | 23104 |
| those tests. | 23105 |
| (F) The fairness sensitivity review committee, established by | 23106 |
| rule of the state board of education, shall not allow any question | 23107 |
| on any achievement test or diagnostic assessment developed under | 23108 |
| this section or any proficiency test prescribed by former section | 23109 |
| 3301.0710 of the Revised Code, as it existed prior to September | 23110 |
| 11, 2001, to include, be written to promote, or inquire as to | 23111 |
| individual moral or social values or beliefs. The decision of the | 23112 |
| committee shall be final. This section does not create a private | 23113 |
| cause of action. | 23114 |
| Sec. 3301.0710. The state board of education shall adopt | 23115 |
| rules establishing a statewide program to test student | 23116 |
| achievement. The state board shall ensure that all tests | 23117 |
| administered under the testing program are aligned with the | 23118 |
| academic standards and model curricula adopted by the state board | 23119 |
| and are created with input from Ohio parents, Ohio classroom | 23120 |
| teachers, Ohio school administrators, and other Ohio school | 23121 |
| personnel pursuant to section 3301.079 of the Revised Code. | 23122 |
| The testing program shall be designed to ensure that students | 23123 |
| who receive a high school diploma demonstrate at least high school | 23124 |
| levels of achievement in reading, writing, mathematics, science, | 23125 |
| and social studies. | 23126 |
| (A)(1) The state board shall prescribe all of the following: | 23127 |
| (a) Two statewide achievement tests, one each designed to | 23128 |
| measure the level of reading and mathematics skill expected at the | 23129 |
| end of third grade; | 23130 |
| (b) Three statewide achievement tests, one each designed to | 23131 |
| measure the level of reading, writing, and mathematics skill | 23132 |
| expected at the end of fourth grade; | 23133 |
| (c) Four statewide achievement tests, one each designed to | 23134 |
| measure the level of reading, mathematics, science, and social | 23135 |
| studies skill expected at the end of fifth grade; | 23136 |
| (d) Two statewide achievement tests, one each designed to | 23137 |
| measure the level of reading and mathematics skill expected at the | 23138 |
| end of sixth grade; | 23139 |
| (e) Three statewide achievement tests, one each designed to | 23140 |
| measure the level of reading, writing, and mathematics skill | 23141 |
| expected at the end of seventh grade; | 23142 |
| (f) Four statewide achievement tests, one each designed to | 23143 |
| measure the level of reading, mathematics, science, and social | 23144 |
| studies skill expected at the end of eighth grade. | 23145 |
| (2) The state board shall determine and designate at least | 23146 |
| five ranges of scores on each of the achievement tests described | 23147 |
| in divisions (A)(1) and (B) of this section. Each range of scores | 23148 |
| shall be deemed to demonstrate a level of achievement so that any | 23149 |
| student attaining a score within such range has achieved one of | 23150 |
| the following: | 23151 |
| (a) An advanced level of skill; | 23152 |
| (b) An accelerated level of skill; | 23153 |
| (c) A proficient level of skill; | 23154 |
| (d) A basic level of skill; | 23155 |
| (e) A limited level of skill. | 23156 |
| (B) The tests prescribed under this division shall | 23157 |
| collectively be known as the Ohio graduation tests. The state | 23158 |
| board shall prescribe five statewide high school achievement | 23159 |
| tests, one each designed to measure the level of reading, writing, | 23160 |
| mathematics, science, and social studies skill expected at the end | 23161 |
| of tenth grade. The state board shall designate a score in at | 23162 |
| least the range designated under division (A)(2)(c) of this | 23163 |
| section on each such test that shall be deemed to be a passing | 23164 |
| score on the test as a condition toward granting high school | 23165 |
| diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08 | 23166 |
| of the Revised Code. | 23167 |
| The state board may enter into a reciprocal agreement with | 23168 |
| the appropriate body or agency of any other state that has similar | 23169 |
| statewide achievement testing requirements for receiving high | 23170 |
| school diplomas, under which any student who has met an | 23171 |
| achievement testing requirement of one state is recognized as | 23172 |
| having met the similar achievement testing requirement of the | 23173 |
| other state for purposes of receiving a high school diploma. For | 23174 |
| purposes of this section and sections 3301.0711 and 3313.61 of the | 23175 |
| Revised Code, any student enrolled in any public high school in | 23176 |
| this state who has met an achievement testing requirement | 23177 |
| specified in a reciprocal agreement entered into under this | 23178 |
| division shall be deemed to have attained at least the applicable | 23179 |
| score designated under this division on each test required by this | 23180 |
| division that is specified in the agreement. | 23181 |
| (C) | 23182 |
| the state board shall annually designate as follows the dates on | 23183 |
| which the tests prescribed under this section shall be | 23184 |
| administered: | 23185 |
| (1) For the reading test prescribed under division (A)(1)(a) | 23186 |
| of this section, as follows: | 23187 |
| (a) One date prior to the thirty-first day of December each | 23188 |
| school year; | 23189 |
| (b) At least one date of each school year that is not earlier | 23190 |
|
than Monday of the week containing the | 23191 |
| May; | 23192 |
| (c) One date during the summer that is not earlier than the | 23193 |
| tenth day of June nor later than the fifteenth day of July for | 23194 |
| students receiving summer remediation services under section | 23195 |
| 3313.608 of the Revised Code. | 23196 |
| (2) For the mathematics test prescribed under division | 23197 |
| (A)(1)(a) of this section and the tests prescribed under divisions | 23198 |
| (A)(1)(b), (c), (d), (e), and (f) of this section, at least one | 23199 |
| date of each school year that is not earlier than Monday of the | 23200 |
|
week
containing
the
| 23201 |
| (3) For the tests prescribed under division (B) of this | 23202 |
| section, at least one date in each school year that is not earlier | 23203 |
| than Monday of the week containing the fifteenth day of March for | 23204 |
| all tenth grade students and at least one date prior to the | 23205 |
| thirty-first day of December and at least one date subsequent to | 23206 |
| that date but prior to the thirty-first day of March of each | 23207 |
| school year for eleventh and twelfth grade students. | 23208 |
| (D) In prescribing test dates pursuant to division (C)(3) of | 23209 |
| this section, the state board shall, to the greatest extent | 23210 |
| practicable, provide options to school districts in the case of | 23211 |
| tests administered under that division to eleventh and twelfth | 23212 |
| grade students and in the case of tests administered to students | 23213 |
| pursuant to division (C)(2) of section 3301.0711 of the Revised | 23214 |
| Code. Such options shall include at least an opportunity for | 23215 |
| school districts to give such tests outside of regular school | 23216 |
| hours. | 23217 |
| (E) In prescribing test dates pursuant to this section, the | 23218 |
| state board of education shall designate the dates in such a way | 23219 |
| as to allow a reasonable length of time between the administration | 23220 |
| of tests prescribed under this section and any administration of | 23221 |
| the National Assessment of Education Progress Test given to | 23222 |
| students in the same grade level pursuant to section 3301.27 of | 23223 |
| the Revised Code or federal law. | 23224 |
| (F) The state board shall prescribe a practice version of | 23225 |
| each Ohio graduation test described in division (B) of this | 23226 |
| section that is of comparable length to the actual test. | 23227 |
| (G) Any committee established by the department of education | 23228 |
| for the purpose of making recommendations to the state board | 23229 |
| regarding the state board's designation of scores on the tests | 23230 |
| described by this section shall inform the state board of the | 23231 |
| probable percentage of students who would score in each of the | 23232 |
| ranges established under division (A)(2) of this section on the | 23233 |
| tests if the committee's recommendations are adopted by the state | 23234 |
| board. To the extent possible, these percentages shall be | 23235 |
| disaggregated by gender, major racial and ethnic groups, limited | 23236 |
| English proficient students, economically disadvantaged students, | 23237 |
| students with disabilities, and migrant students. | 23238 |
| If the state board intends to make any change to the | 23239 |
| committee's recommendations, the state board shall explain the | 23240 |
| intended change to the Ohio accountability task force established | 23241 |
| by section 3302.021 of the Revised Code. The task force shall | 23242 |
| recommend whether the state board should proceed to adopt the | 23243 |
| intended change. Nothing in this division shall require the state | 23244 |
| board to designate test scores based upon the recommendations of | 23245 |
| the task force. | 23246 |
| (H)(1) The state board shall require any alternate assessment | 23247 |
| administered to a student under division (C)(1) of section | 23248 |
| 3301.0711 of the Revised Code to be completed and submitted to the | 23249 |
| entity with which the department contracts for the scoring of the | 23250 |
| test not later than the first day of April of the school year in | 23251 |
| which the test is administered. | 23252 |
| (2) For any test prescribed by this section, the state board | 23253 |
| may designate a date one week earlier than the applicable date | 23254 |
| designated under division (C) of this section for the | 23255 |
| administration of the test to limited English proficient students. | 23256 |
| (3) In designating days for the administration of the tests | 23257 |
| prescribed by division (A) of this section, the state board shall | 23258 |
| require the tests for each grade level to be administered on | 23259 |
| consecutive days. | 23260 |
| Sec. 3301.0711. (A) The department of education shall: | 23261 |
| (1) Annually furnish to, grade, and score all tests required | 23262 |
| by section 3301.0710 of the Revised Code to be administered by | 23263 |
| city, local, exempted village, and joint vocational school | 23264 |
| districts, except that each district shall score any test | 23265 |
| administered pursuant to division (B)(10) of this section. Each | 23266 |
| test so furnished shall include the data verification code of the | 23267 |
| student to whom the test will be administered, as assigned | 23268 |
| pursuant to division (D)(2) of section 3301.0714 of the Revised | 23269 |
| Code. In furnishing the practice versions of Ohio graduation tests | 23270 |
| prescribed by division (F) of section 3301.0710 of the Revised | 23271 |
| Code, the department shall make the tests available on its web | 23272 |
| site for reproduction by districts. In awarding contracts for | 23273 |
| grading tests, the department shall give preference to Ohio-based | 23274 |
| entities employing Ohio residents. | 23275 |
| (2) Adopt rules for the ethical use of tests and prescribing | 23276 |
| the manner in which the tests prescribed by section 3301.0710 of | 23277 |
| the Revised Code shall be administered to students. | 23278 |
| (B) Except as provided in divisions (C) and (J) of this | 23279 |
| section, the board of education of each city, local, and exempted | 23280 |
| village school district shall, in accordance with rules adopted | 23281 |
| under division (A) of this section: | 23282 |
| (1) Administer the reading test prescribed under division | 23283 |
| (A)(1)(a) of section 3301.0710 of the Revised Code twice annually | 23284 |
| to all students in the third grade who have not attained the score | 23285 |
| designated for that test under division (A)(2)(c) of section | 23286 |
| 3301.0710 of the Revised Code and once each summer to students | 23287 |
| receiving summer remediation services under section 3313.608 of | 23288 |
| the Revised Code. | 23289 |
| (2) Administer the mathematics test prescribed under division | 23290 |
| (A)(1)(a) of section 3301.0710 of the Revised Code at least once | 23291 |
| annually to all students in the third grade. | 23292 |
| (3) Administer the tests prescribed under division (A)(1)(b) | 23293 |
| of section 3301.0710 of the Revised Code at least once annually to | 23294 |
| all students in the fourth grade. | 23295 |
| (4) Administer the tests prescribed under division (A)(1)(c) | 23296 |
| of section 3301.0710 of the Revised Code at least once annually to | 23297 |
| all students in the fifth grade. | 23298 |
| (5) Administer the tests prescribed under division (A)(1)(d) | 23299 |
| of section 3301.0710 of the Revised Code at least once annually to | 23300 |
| all students in the sixth grade. | 23301 |
| (6) Administer the tests prescribed under division (A)(1)(e) | 23302 |
| of section 3301.0710 of the Revised Code at least once annually to | 23303 |
| all students in the seventh grade. | 23304 |
| (7) Administer the tests prescribed under division (A)(1)(f) | 23305 |
| of section 3301.0710 of the Revised Code at least once annually to | 23306 |
| all students in the eighth grade. | 23307 |
| (8) Except as provided in division (B)(9) of this section, | 23308 |
| administer any test prescribed under division (B) of section | 23309 |
| 3301.0710 of the Revised Code as follows: | 23310 |
| (a) At least once annually to all tenth grade students and at | 23311 |
| least twice annually to all students in eleventh or twelfth grade | 23312 |
| who have not yet attained the score on that test designated under | 23313 |
| that division; | 23314 |
| (b) To any person who has successfully completed the | 23315 |
| curriculum in any high school or the individualized education | 23316 |
| program developed for the person by any high school pursuant to | 23317 |
| section 3323.08 of the Revised Code but has not received a high | 23318 |
| school diploma and who requests to take such test, at any time | 23319 |
| such test is administered in the district. | 23320 |
| (9) In lieu of the board of education of any city, local, or | 23321 |
| exempted village school district in which the student is also | 23322 |
| enrolled, the board of a joint vocational school district shall | 23323 |
| administer any test prescribed under division (B) of section | 23324 |
| 3301.0710 of the Revised Code at least twice annually to any | 23325 |
| student enrolled in the joint vocational school district who has | 23326 |
| not yet attained the score on that test designated under that | 23327 |
| division. A board of a joint vocational school district may also | 23328 |
| administer such a test to any student described in division | 23329 |
| (B)(8)(b) of this section. | 23330 |
| (10) If the district has been declared to be under an | 23331 |
| academic watch or in a state of academic emergency pursuant to | 23332 |
| section 3302.03 of the Revised Code or has a three-year average | 23333 |
| graduation rate of not more than seventy-five per cent, administer | 23334 |
| each test prescribed by division (F) of section 3301.0710 of the | 23335 |
| Revised Code in September to all ninth grade students, beginning | 23336 |
| in the school year that starts July 1, 2005. | 23337 |
| (C)(1)(a) Any student receiving special education services | 23338 |
| under Chapter 3323. of the Revised Code may be excused from taking | 23339 |
| any particular test required to be administered under this section | 23340 |
| if the individualized education program developed for the student | 23341 |
| pursuant to section 3323.08 of the Revised Code excuses the | 23342 |
| student from taking that test and instead specifies an alternate | 23343 |
| assessment method approved by the department of education as | 23344 |
| conforming to requirements of federal law for receipt of federal | 23345 |
| funds for disadvantaged pupils. To the extent possible, the | 23346 |
| individualized education program shall not excuse the student from | 23347 |
| taking a test unless no reasonable accommodation can be made to | 23348 |
| enable the student to take the test. | 23349 |
| (b) Any alternate assessment approved by the department for a | 23350 |
| student under this division shall produce measurable results | 23351 |
| comparable to those produced by the tests which the alternate | 23352 |
| assessments are replacing in order to allow for the student's | 23353 |
| assessment results to be included in the data compiled for a | 23354 |
| school district or building under section 3302.03 of the Revised | 23355 |
| Code. | 23356 |
| (c) Any student enrolled in a chartered nonpublic school who | 23357 |
| has been identified, based on an evaluation conducted in | 23358 |
| accordance with section 3323.03 of the Revised Code or section 504 | 23359 |
| of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A. | 23360 |
| 794, as amended, as a child with a disability shall be excused | 23361 |
| from taking any particular test required to be administered under | 23362 |
| this section if a plan developed for the student pursuant to rules | 23363 |
| adopted by the state board excuses the student from taking that | 23364 |
| test. In the case of any student so excused from taking a test, | 23365 |
| the chartered nonpublic school shall not prohibit the student from | 23366 |
| taking the test. | 23367 |
| (2) A district board may, for medical reasons or other good | 23368 |
| cause, excuse a student from taking a test administered under this | 23369 |
| section on the date scheduled, but any such test shall be | 23370 |
| administered to such excused student not later than nine days | 23371 |
| following the scheduled date. The board shall annually report the | 23372 |
| number of students who have not taken one or more of the tests | 23373 |
| required by this section to the state board of education not later | 23374 |
| than the thirtieth day of June. | 23375 |
| (3) As used in this division, "limited English proficient | 23376 |
| student" has the same meaning as in 20 U.S.C. 7801. | 23377 |
| No school district board shall excuse any limited English | 23378 |
| proficient student from taking any particular test required to be | 23379 |
| administered under this section, except that any limited English | 23380 |
| proficient student who has been enrolled in United States schools | 23381 |
| for less than one full school year shall not be required to take | 23382 |
| any such reading or writing test. However, no board shall prohibit | 23383 |
| a limited English proficient student who is not required to take a | 23384 |
| test under this division from taking the test. A board may permit | 23385 |
| any limited English proficient student to take any test required | 23386 |
| to be administered under this section with appropriate | 23387 |
| accommodations, as determined by the department. For each limited | 23388 |
| English proficient student, each school district shall annually | 23389 |
| assess that student's progress in learning English, in accordance | 23390 |
| with procedures approved by the department. | 23391 |
| The governing authority of a chartered nonpublic school may | 23392 |
| excuse a limited English proficient student from taking any test | 23393 |
| administered under this section. However, no governing authority | 23394 |
| shall prohibit a limited English proficient student from taking | 23395 |
| the test. | 23396 |
| (D)(1) In the school year next succeeding the school year in | 23397 |
| which the tests prescribed by division (A)(1) or (B) of section | 23398 |
| 3301.0710 of the Revised Code or former division (A)(1), (A)(2), | 23399 |
| or (B) of section 3301.0710 of the Revised Code as it existed | 23400 |
| prior to September 11, 2001, are administered to any student, the | 23401 |
| board of education of any school district in which the student is | 23402 |
| enrolled in that year shall provide to the student intervention | 23403 |
| services commensurate with the student's test performance, | 23404 |
| including any intensive intervention required under section | 23405 |
| 3313.608 of the Revised Code, in any skill in which the student | 23406 |
| failed to demonstrate at least a score at the proficient level on | 23407 |
| the test. | 23408 |
| (2) Following any administration of the tests prescribed by | 23409 |
| division (F) of section 3301.0710 of the Revised Code to ninth | 23410 |
| grade students, each school district that has a three-year average | 23411 |
| graduation rate of not more than seventy-five per cent shall | 23412 |
| determine for each high school in the district whether the school | 23413 |
| shall be required to provide intervention services to any students | 23414 |
| who took the tests. In determining which high schools shall | 23415 |
| provide intervention services based on the resources available, | 23416 |
| the district shall consider each school's graduation rate and | 23417 |
| scores on the practice tests. The district also shall consider the | 23418 |
| scores received by ninth grade students on the reading and | 23419 |
| mathematics tests prescribed under division (A)(1)(f) of section | 23420 |
| 3301.0710 of the Revised Code in the eighth grade in determining | 23421 |
| which high schools shall provide intervention services. | 23422 |
| Each high school selected to provide intervention services | 23423 |
| under this division shall provide intervention services to any | 23424 |
| student whose test results indicate that the student is failing to | 23425 |
| make satisfactory progress toward being able to attain scores at | 23426 |
| the proficient level on the Ohio graduation tests. Intervention | 23427 |
| services shall be provided in any skill in which a student | 23428 |
| demonstrates unsatisfactory progress and shall be commensurate | 23429 |
| with the student's test performance. Schools shall provide the | 23430 |
| intervention services prior to the end of the school year, during | 23431 |
| the summer following the ninth grade, in the next succeeding | 23432 |
| school year, or at any combination of those times. | 23433 |
| (E) Except as provided in section 3313.608 of the Revised | 23434 |
| Code and division (M) of this section, no school district board of | 23435 |
| education shall utilize any student's failure to attain a | 23436 |
| specified score on any test administered under this section as a | 23437 |
| factor in any decision to deny the student promotion to a higher | 23438 |
| grade level. However, a district board may choose not to promote | 23439 |
| to the next grade level any student who does not take any test | 23440 |
| administered under this section or make up such test as provided | 23441 |
| by division (C)(2) of this section and who is not exempt from the | 23442 |
| requirement to take the test under division (C)(3) of this | 23443 |
| section. | 23444 |
| (F) No person shall be charged a fee for taking any test | 23445 |
| administered under this section. | 23446 |
| (G) | 23447 |
| 23448 | |
| 23449 | |
| the tests administered in the spring under division (B)(1) of this | 23450 |
| section and the tests administered under divisions (B)(2) to (7) | 23451 |
| of this section to the entity with which the department contracts | 23452 |
| for the scoring of the tests not later than the Friday after the | 23453 |
| tests are administered, except that any such test that a student | 23454 |
| takes during the make-up period described in division (C)(2) of | 23455 |
| this section shall be submitted not later than the Friday | 23456 |
| following the day the student takes the test. | 23457 |
| (2) The department or an entity with which the department | 23458 |
| contracts for the scoring of the test shall send to each school | 23459 |
| district board a list of the individual test scores of all persons | 23460 |
| taking | 23461 |
| section 3301.0710 of the Revised Code within sixty days after its | 23462 |
| administration, but in no case shall the scores be returned later | 23463 |
| than the fifteenth day of June following the administration. For | 23464 |
| any tests administered under this section by a joint vocational | 23465 |
| school district, the department or entity shall also send to each | 23466 |
| city, local, or exempted village school district a list of the | 23467 |
| individual test scores of any students of such city, local, or | 23468 |
| exempted village school district who are attending school in the | 23469 |
| joint vocational school district. | 23470 |
| (H) Individual test scores on any tests administered under | 23471 |
| this section shall be released by a district board only in | 23472 |
| accordance with section 3319.321 of the Revised Code and the rules | 23473 |
| adopted under division (A) of this section. No district board or | 23474 |
| its employees shall utilize individual or aggregate test results | 23475 |
| in any manner that conflicts with rules for the ethical use of | 23476 |
| tests adopted pursuant to division (A) of this section. | 23477 |
| (I) Except as provided in division (G) of this section, the | 23478 |
| department or an entity with which the department contracts for | 23479 |
| the scoring of the test shall not release any individual test | 23480 |
| scores on
any
test administered under this section | 23481 |
| board of education shall adopt rules to ensure the protection of | 23482 |
| student confidentiality at all times. The rules may require the | 23483 |
| use of the data verification codes assigned to students pursuant | 23484 |
| to division (D)(2) of section 3301.0714 of the Revised Code to | 23485 |
| protect the confidentiality of student test scores. | 23486 |
| (J) Notwithstanding division (D) of section 3311.52 of the | 23487 |
| Revised Code, this section does not apply to the board of | 23488 |
| education of any cooperative education school district except as | 23489 |
| provided under rules adopted pursuant to this division. | 23490 |
| (1) In accordance with rules that the state board of | 23491 |
| education shall adopt, the board of education of any city, | 23492 |
| exempted village, or local school district with territory in a | 23493 |
| cooperative education school district established pursuant to | 23494 |
| divisions (A) to (C) of section 3311.52 of the Revised Code may | 23495 |
| enter into an agreement with the board of education of the | 23496 |
| cooperative education school district for administering any test | 23497 |
| prescribed under this section to students of the city, exempted | 23498 |
| village, or local school district who are attending school in the | 23499 |
| cooperative education school district. | 23500 |
| (2) In accordance with rules that the state board of | 23501 |
| education shall adopt, the board of education of any city, | 23502 |
| exempted village, or local school district with territory in a | 23503 |
| cooperative education school district established pursuant to | 23504 |
| section 3311.521 of the Revised Code shall enter into an agreement | 23505 |
| with the cooperative district that provides for the administration | 23506 |
| of any test prescribed under this section to both of the | 23507 |
| following: | 23508 |
| (a) Students who are attending school in the cooperative | 23509 |
| district and who, if the cooperative district were not | 23510 |
| established, would be entitled to attend school in the city, | 23511 |
| local, or exempted village school district pursuant to section | 23512 |
| 3313.64 or 3313.65 of the Revised Code; | 23513 |
| (b) Persons described in division (B)(8)(b) of this section. | 23514 |
| Any testing of students pursuant to such an agreement shall | 23515 |
| be in lieu of any testing of such students or persons pursuant to | 23516 |
| this section. | 23517 |
| (K)(1) Any chartered nonpublic school may participate in the | 23518 |
| testing program by administering any of the tests prescribed by | 23519 |
| section 3301.0710 or 3301.0712 of the Revised Code if the chief | 23520 |
| administrator of the school specifies which tests the school | 23521 |
| wishes to administer. Such specification shall be made in writing | 23522 |
| to the superintendent of public instruction prior to the first day | 23523 |
| of August of any school year in which tests are administered and | 23524 |
| shall include a pledge that the nonpublic school will administer | 23525 |
| the specified tests in the same manner as public schools are | 23526 |
| required to do under this section and rules adopted by the | 23527 |
| department. | 23528 |
| (2) The department of education shall furnish the tests | 23529 |
| prescribed by section 3301.0710 or 3301.0712 of the Revised Code | 23530 |
| to any chartered nonpublic school electing to participate under | 23531 |
| this division. | 23532 |
| (L)(1) The superintendent of the state school for the blind | 23533 |
| and the superintendent of the state school for the deaf shall | 23534 |
| administer the tests described by section 3301.0710 of the Revised | 23535 |
| Code. Each superintendent shall administer the tests in the same | 23536 |
| manner as district boards are required to do under this section | 23537 |
| and rules adopted by the department of education and in conformity | 23538 |
| with division (C)(1)(a) of this section. | 23539 |
| (2) The department of education shall furnish the tests | 23540 |
| described by section 3301.0710 of the Revised Code to each | 23541 |
| superintendent. | 23542 |
| (M) Notwithstanding division (E) of this section, a school | 23543 |
| district may use a student's failure to attain a score in at least | 23544 |
| the basic range on the mathematics test described by division | 23545 |
| (A)(1)(a) of section 3301.0710 of the Revised Code or on any of | 23546 |
| the tests described by division (A)(1)(b), (c), (d), (e), or (f) | 23547 |
| of section 3301.0710 of the Revised Code as a factor in retaining | 23548 |
| that student in the current grade level. | 23549 |
| (N)(1) | 23550 |
| of this section, the tests required by section 3301.0710 of the | 23551 |
| Revised Code shall become public records pursuant to section | 23552 |
| 149.43 of the Revised Code on the first day of July following the | 23553 |
| school year that the test was administered, except that the | 23554 |
| reading test prescribed under division (A)(1)(a) of section | 23555 |
| 3301.0710 of the Revised Code shall become a public record on the | 23556 |
| sixteenth day of July following the school year that the test was | 23557 |
| administered. | 23558 |
| (2) The department may field test proposed test questions | 23559 |
| with samples of students to determine the validity, reliability, | 23560 |
| or appropriateness of test questions for possible inclusion in a | 23561 |
| future year's test. The department also may use anchor questions | 23562 |
| on tests to ensure that different versions of the same test are of | 23563 |
| comparable difficulty. | 23564 |
| Field test questions and anchor questions shall not be | 23565 |
| considered in computing test scores for individual students. Field | 23566 |
| test questions and anchor questions may be included as part of the | 23567 |
| administration of any test required by section 3301.0710 of the | 23568 |
| Revised Code. | 23569 |
| (3) Any field test question or anchor question administered | 23570 |
| under division (N)(2) of this section shall not be a public | 23571 |
| record. Such field test questions and anchor questions shall be | 23572 |
| redacted from any tests which are released as a public record | 23573 |
| pursuant to division (N)(1) of this section. | 23574 |
| (4) This division applies to the tests prescribed by division | 23575 |
| (A) of section 3301.0710 of the Revised Code. | 23576 |
| (a) The first administration of each test, as specified in | 23577 |
| section 3301.0712 of the Revised Code, shall be a public record. | 23578 |
| (b) For subsequent administrations of each test, not less | 23579 |
| than forty per cent of the questions on the test that are used to | 23580 |
| compute a student's score shall be a public record. The department | 23581 |
| shall determine which questions will be needed for reuse on a | 23582 |
| future test and those questions shall not be public records and | 23583 |
| shall be redacted from the test prior to its release as a public | 23584 |
| record. | 23585 |
| (5) Each test prescribed by division (B) of section 3301.0710 | 23586 |
| of the Revised Code that is administered in the spring shall be a | 23587 |
| public record. Each test prescribed by that division that is | 23588 |
| administered in the fall or summer shall not be a public record. | 23589 |
| (O) As used in this section: | 23590 |
| (1) "Three-year average" means the average of the most recent | 23591 |
| consecutive three school years of data. | 23592 |
| (2) "Dropout" means a student who withdraws from school | 23593 |
| before completing course requirements for graduation and who is | 23594 |
| not enrolled in an education program approved by the state board | 23595 |
| of education or an education program outside the state. "Dropout" | 23596 |
| does not include a student who has departed the country. | 23597 |
| (3) "Graduation rate" means the ratio of students receiving a | 23598 |
| diploma to the number of students who entered ninth grade four | 23599 |
| years earlier. Students who transfer into the district are added | 23600 |
| to the calculation. Students who transfer out of the district for | 23601 |
| reasons other than dropout are subtracted from the calculation. If | 23602 |
| a student who was a dropout in any previous year returns to the | 23603 |
| same school district, that student shall be entered into the | 23604 |
| calculation as if the student had entered ninth grade four years | 23605 |
| before the graduation year of the graduating class that the | 23606 |
| student joins. | 23607 |
| Sec. 3301.0714. (A) The state board of education shall adopt | 23608 |
| rules for a statewide education management information system. The | 23609 |
| rules shall require the state board to establish guidelines for | 23610 |
| the establishment and maintenance of the system in accordance with | 23611 |
| this section and the rules adopted under this section. The | 23612 |
| guidelines shall include: | 23613 |
| (1) Standards identifying and defining the types of data in | 23614 |
| the system in accordance with divisions (B) and (C) of this | 23615 |
| section; | 23616 |
| (2) Procedures for annually collecting and reporting the data | 23617 |
| to the state board in accordance with division (D) of this | 23618 |
| section; | 23619 |
| (3) Procedures for annually compiling the data in accordance | 23620 |
| with division (G) of this section; | 23621 |
| (4) Procedures for annually reporting the data to the public | 23622 |
| in accordance with division (H) of this section. | 23623 |
| (B) The guidelines adopted under this section shall require | 23624 |
| the data maintained in the education management information system | 23625 |
| to include at least the following: | 23626 |
| (1) Student participation and performance data, for each | 23627 |
| grade in each school district as a whole and for each grade in | 23628 |
| each school building in each school district, that includes: | 23629 |
| (a) The numbers of students receiving each category of | 23630 |
| instructional service offered by the school district, such as | 23631 |
| regular education instruction, vocational education instruction, | 23632 |
| specialized instruction programs or enrichment instruction that is | 23633 |
| part of the educational curriculum, instruction for gifted | 23634 |
| students, instruction for handicapped students, and remedial | 23635 |
| instruction. The guidelines shall require instructional services | 23636 |
| under this division to be divided into discrete categories if an | 23637 |
| instructional service is limited to a specific subject, a specific | 23638 |
| type of student, or both, such as regular instructional services | 23639 |
| in mathematics, remedial reading instructional services, | 23640 |
| instructional services specifically for students gifted in | 23641 |
| mathematics or some other subject area, or instructional services | 23642 |
| for students with a specific type of handicap. The categories of | 23643 |
| instructional services required by the guidelines under this | 23644 |
| division shall be the same as the categories of instructional | 23645 |
| services used in determining cost units pursuant to division | 23646 |
| (C)(3) of this section. | 23647 |
| (b) The numbers of students receiving support or | 23648 |
| extracurricular services for each of the support services or | 23649 |
| extracurricular programs offered by the school district, such as | 23650 |
| counseling services, health services, and extracurricular sports | 23651 |
| and fine arts programs. The categories of services required by the | 23652 |
| guidelines under this division shall be the same as the categories | 23653 |
| of services used in determining cost units pursuant to division | 23654 |
| (C)(4)(a) of this section. | 23655 |
| (c) Average student grades in each subject in grades nine | 23656 |
| through twelve; | 23657 |
| (d) Academic achievement levels as assessed by the testing of | 23658 |
| student achievement under sections 3301.0710 and 3301.0711 of the | 23659 |
| Revised Code; | 23660 |
| (e) The number of students designated as having a | 23661 |
| handicapping condition pursuant to division (C)(1) of section | 23662 |
| 3301.0711 of the Revised Code; | 23663 |
| (f) The numbers of students reported to the state board | 23664 |
| pursuant to division (C)(2) of section 3301.0711 of the Revised | 23665 |
| Code; | 23666 |
| (g) Attendance rates and the average daily attendance for the | 23667 |
| year. For purposes of this division, a student shall be counted as | 23668 |
| present for any field trip that is approved by the school | 23669 |
| administration. | 23670 |
| (h) Expulsion rates; | 23671 |
| (i) Suspension rates; | 23672 |
| (j) The percentage of students receiving corporal punishment; | 23673 |
| (k) Dropout rates; | 23674 |
| (l) Rates of retention in grade; | 23675 |
| (m) For pupils in grades nine through twelve, the average | 23676 |
| number of carnegie units, as calculated in accordance with state | 23677 |
| board of education rules; | 23678 |
| (n) Graduation rates, to be calculated in a manner specified | 23679 |
| by the department of education that reflects the rate at which | 23680 |
| students who were in the ninth grade three years prior to the | 23681 |
| current year complete school and that is consistent with | 23682 |
| nationally accepted reporting requirements; | 23683 |
| (o) Results of diagnostic assessments administered to | 23684 |
| kindergarten students as required under section 3301.0715 of the | 23685 |
| Revised Code to permit a comparison of the academic readiness of | 23686 |
| kindergarten students. However, no district shall be required to | 23687 |
| report to the department the results of any diagnostic assessment | 23688 |
| administered to a kindergarten student if the parent of that | 23689 |
| student requests the district not to report those results. | 23690 |
| (2) Personnel and classroom enrollment data for each school | 23691 |
| district, including: | 23692 |
| (a) The total numbers of licensed employees and nonlicensed | 23693 |
| employees and the numbers of full-time equivalent licensed | 23694 |
| employees and nonlicensed employees providing each category of | 23695 |
| instructional service, instructional support service, and | 23696 |
| administrative support service used pursuant to division (C)(3) of | 23697 |
| this section. The guidelines adopted under this section shall | 23698 |
| require these categories of data to be maintained for the school | 23699 |
| district as a whole and, wherever applicable, for each grade in | 23700 |
| the school district as a whole, for each school building as a | 23701 |
| whole, and for each grade in each school building. | 23702 |
| (b) The total number of employees and the number of full-time | 23703 |
| equivalent employees providing each category of service used | 23704 |
| pursuant to divisions (C)(4)(a) and (b) of this section, and the | 23705 |
| total numbers of licensed employees and nonlicensed employees and | 23706 |
| the numbers of full-time equivalent licensed employees and | 23707 |
| nonlicensed employees providing each category used pursuant to | 23708 |
| division (C)(4)(c) of this section. The guidelines adopted under | 23709 |
| this section shall require these categories of data to be | 23710 |
| maintained for the school district as a whole and, wherever | 23711 |
| applicable, for each grade in the school district as a whole, for | 23712 |
| each school building as a whole, and for each grade in each school | 23713 |
| building. | 23714 |
| (c) The total number of regular classroom teachers teaching | 23715 |
| classes of regular education and the average number of pupils | 23716 |
| enrolled in each such class, in each of grades kindergarten | 23717 |
| through five in the district as a whole and in each school | 23718 |
| building in the school district. | 23719 |
| (d) The number of master teachers employed by each school | 23720 |
| district and each school building, once a definition of master | 23721 |
| teacher has been developed by the educator standards board | 23722 |
| pursuant to section 3319.61 of the Revised Code. | 23723 |
| (3)(a) Student demographic data for each school district, | 23724 |
| including information regarding the gender ratio of the school | 23725 |
| district's pupils, the racial make-up of the school district's | 23726 |
| pupils, the number of limited English proficient students in the | 23727 |
| district, and an appropriate measure of the number of the school | 23728 |
| district's pupils who reside in economically disadvantaged | 23729 |
| households. The demographic data shall be collected in a manner to | 23730 |
| allow correlation with data collected under division (B)(1) of | 23731 |
| this section. Categories for data collected pursuant to division | 23732 |
| (B)(3) of this section shall conform, where appropriate, to | 23733 |
| standard practices of agencies of the federal government. | 23734 |
| (b) With respect to each student entering kindergarten, | 23735 |
| whether the student previously participated in a public preschool | 23736 |
| program, a private preschool program, or a head start program, and | 23737 |
| the number of years the student participated in each of these | 23738 |
| programs. | 23739 |
| (4) Any data required to be collected pursuant to federal | 23740 |
| law. | 23741 |
| (C) The education management information system shall include | 23742 |
| cost accounting data for each district as a whole and for each | 23743 |
| school building in each school district. The guidelines adopted | 23744 |
| under this section shall require the cost data for each school | 23745 |
| district to be maintained in a system of mutually exclusive cost | 23746 |
| units and shall require all of the costs of each school district | 23747 |
| to be divided among the cost units. The guidelines shall require | 23748 |
| the system of mutually exclusive cost units to include at least | 23749 |
| the following: | 23750 |
| (1) Administrative costs for the school district as a whole. | 23751 |
| The guidelines shall require the cost units under this division | 23752 |
| (C)(1) to be designed so that each of them may be compiled and | 23753 |
| reported in terms of average expenditure per pupil in formula ADM | 23754 |
| in the school district, as determined pursuant to section 3317.03 | 23755 |
| of the Revised Code. | 23756 |
| (2) Administrative costs for each school building in the | 23757 |
| school district. The guidelines shall require the cost units under | 23758 |
| this division (C)(2) to be designed so that each of them may be | 23759 |
| compiled and reported in terms of average expenditure per | 23760 |
| full-time equivalent pupil receiving instructional or support | 23761 |
| services in each building. | 23762 |
| (3) Instructional services costs for each category of | 23763 |
| instructional service provided directly to students and required | 23764 |
| by guidelines adopted pursuant to division (B)(1)(a) of this | 23765 |
| section. The guidelines shall require the cost units under | 23766 |
| division (C)(3) of this section to be designed so that each of | 23767 |
| them may be compiled and reported in terms of average expenditure | 23768 |
| per pupil receiving the service in the school district as a whole | 23769 |
| and average expenditure per pupil receiving the service in each | 23770 |
| building in the school district and in terms of a total cost for | 23771 |
| each category of service and, as a breakdown of the total cost, a | 23772 |
| cost for each of the following components: | 23773 |
| (a) The cost of each instructional services category required | 23774 |
| by guidelines adopted under division (B)(1)(a) of this section | 23775 |
| that is provided directly to students by a classroom teacher; | 23776 |
| (b) The cost of the instructional support services, such as | 23777 |
| services provided by a speech-language pathologist, classroom | 23778 |
| aide, multimedia aide, or librarian, provided directly to students | 23779 |
| in conjunction with each instructional services category; | 23780 |
| (c) The cost of the administrative support services related | 23781 |
| to each instructional services category, such as the cost of | 23782 |
| personnel that develop the curriculum for the instructional | 23783 |
| services category and the cost of personnel supervising or | 23784 |
| coordinating the delivery of the instructional services category. | 23785 |
| (4) Support or extracurricular services costs for each | 23786 |
| category of service directly provided to students and required by | 23787 |
| guidelines adopted pursuant to division (B)(1)(b) of this section. | 23788 |
| The guidelines shall require the cost units under division (C)(4) | 23789 |
| of this section to be designed so that each of them may be | 23790 |
| compiled and reported in terms of average expenditure per pupil | 23791 |
| receiving the service in the school district as a whole and | 23792 |
| average expenditure per pupil receiving the service in each | 23793 |
| building in the school district and in terms of a total cost for | 23794 |
| each category of service and, as a breakdown of the total cost, a | 23795 |
| cost for each of the following components: | 23796 |
| (a) The cost of each support or extracurricular services | 23797 |
| category required by guidelines adopted under division (B)(1)(b) | 23798 |
| of this section that is provided directly to students by a | 23799 |
| licensed employee, such as services provided by a guidance | 23800 |
| counselor or any services provided by a licensed employee under a | 23801 |
| supplemental contract; | 23802 |
| (b) The cost of each such services category provided directly | 23803 |
| to students by a nonlicensed employee, such as janitorial | 23804 |
| services, cafeteria services, or services of a sports trainer; | 23805 |
| (c) The cost of the administrative services related to each | 23806 |
| services category in division (C)(4)(a) or (b) of this section, | 23807 |
| such as the cost of any licensed or nonlicensed employees that | 23808 |
| develop, supervise, coordinate, or otherwise are involved in | 23809 |
| administering or aiding the delivery of each services category. | 23810 |
| (D)(1) The guidelines adopted under this section shall | 23811 |
| require school districts to collect information about individual | 23812 |
| students, staff members, or both in connection with any data | 23813 |
| required by division (B) or (C) of this section or other reporting | 23814 |
| requirements established in the Revised Code. The guidelines may | 23815 |
| also require school districts to report information about | 23816 |
| individual staff members in connection with any data required by | 23817 |
| division (B) or (C) of this section or other reporting | 23818 |
| requirements established in the Revised Code. The guidelines shall | 23819 |
| not authorize school districts to request social security numbers | 23820 |
| of individual students. The guidelines shall prohibit the | 23821 |
| reporting under this section of a student's name, address, and | 23822 |
| social security number to the state board of education or the | 23823 |
| department of education. The guidelines shall also prohibit the | 23824 |
| reporting under this section of any personally identifiable | 23825 |
| information about any student, except for the purpose of assigning | 23826 |
| the data verification code required by division (D)(2) of this | 23827 |
| section, to any other person unless such person is employed by the | 23828 |
| school district or the data acquisition site operated under | 23829 |
| section 3301.075 of the Revised Code and is authorized by the | 23830 |
| district or acquisition site to have access to such information or | 23831 |
| is employed by an entity with which the department contracts for | 23832 |
| the scoring of tests administered under section 3301.0711 or | 23833 |
| 3301.0712 of the Revised Code. The guidelines may require school | 23834 |
| districts to provide the social security numbers of individual | 23835 |
| staff members. | 23836 |
| (2) The guidelines shall provide for each school district or | 23837 |
| community school to assign a data verification code that is unique | 23838 |
| on a statewide basis over time to each student whose initial Ohio | 23839 |
| enrollment is in that district or school and to report all | 23840 |
| required individual student data for that student utilizing such | 23841 |
| code. The guidelines shall also provide for assigning data | 23842 |
| verification codes to all students enrolled in districts or | 23843 |
| community schools on the effective date of the guidelines | 23844 |
| established under this section. | 23845 |
| Individual student data shall be reported to the department | 23846 |
| through the data acquisition sites utilizing the code but at no | 23847 |
| time shall the state board or the department have access to | 23848 |
| information that would enable any data verification code to be | 23849 |
| matched to personally identifiable student data. | 23850 |
| Each school district shall ensure that the data verification | 23851 |
| code is included in the student's records reported to any | 23852 |
| subsequent school district or community school in which the | 23853 |
| student enrolls. Any such subsequent district or school shall | 23854 |
| utilize the same identifier in its reporting of data under this | 23855 |
| section. | 23856 |
| (E) The guidelines adopted under this section may require | 23857 |
| school districts to collect and report data, information, or | 23858 |
| reports other than that described in divisions (A), (B), and (C) | 23859 |
| of this section for the purpose of complying with other reporting | 23860 |
| requirements established in the Revised Code. The other data, | 23861 |
| information, or reports may be maintained in the education | 23862 |
| management information system but are not required to be compiled | 23863 |
| as part of the profile formats required under division (G) of this | 23864 |
| section or the annual statewide report required under division (H) | 23865 |
| of this section. | 23866 |
| (F) Beginning with the school year that begins July 1, 1991, | 23867 |
| the board of education of each school district shall annually | 23868 |
| collect and report to the state board, in accordance with the | 23869 |
| guidelines established by the board, the data required pursuant to | 23870 |
| this section. A school district may collect and report these data | 23871 |
| notwithstanding section 2151.358 or 3319.321 of the Revised Code. | 23872 |
| (G) The state board shall, in accordance with the procedures | 23873 |
| it adopts, annually compile the data reported by each school | 23874 |
| district pursuant to division (D) of this section. The state board | 23875 |
| shall design formats for profiling each school district as a whole | 23876 |
| and each school building within each district and shall compile | 23877 |
| the data in accordance with these formats. These profile formats | 23878 |
| shall: | 23879 |
| (1) Include all of the data gathered under this section in a | 23880 |
| manner that facilitates comparison among school districts and | 23881 |
| among school buildings within each school district; | 23882 |
| (2) Present the data on academic achievement levels as | 23883 |
| assessed by the testing of student achievement maintained pursuant | 23884 |
| to division (B)(1)(d) of this section. | 23885 |
| (H)(1) The state board shall, in accordance with the | 23886 |
| procedures it adopts, annually prepare a statewide report for all | 23887 |
| school districts and the general public that includes the profile | 23888 |
| of each of the school districts developed pursuant to division (G) | 23889 |
| of this section. Copies of the report shall be sent to each school | 23890 |
| district. | 23891 |
| (2) The state board shall, in accordance with the procedures | 23892 |
| it adopts, annually prepare an individual report for each school | 23893 |
| district and the general public that includes the profiles of each | 23894 |
| of the school buildings in that school district developed pursuant | 23895 |
| to division (G) of this section. Copies of the report shall be | 23896 |
| sent to the superintendent of the district and to each member of | 23897 |
| the district board of education. | 23898 |
| (3) Copies of the reports received from the state board under | 23899 |
| divisions (H)(1) and (2) of this section shall be made available | 23900 |
| to the general public at each school district's offices. Each | 23901 |
| district board of education shall make copies of each report | 23902 |
| available to any person upon request and payment of a reasonable | 23903 |
| fee for the cost of reproducing the report. The board shall | 23904 |
| annually publish in a newspaper of general circulation in the | 23905 |
| school district, at least twice during the two weeks prior to the | 23906 |
| week in which the reports will first be available, a notice | 23907 |
| containing the address where the reports are available and the | 23908 |
| date on which the reports will be available. | 23909 |
| (I) Any data that is collected or maintained pursuant to this | 23910 |
| section and that identifies an individual pupil is not a public | 23911 |
| record for the purposes of section 149.43 of the Revised Code. | 23912 |
| (J) As used in this section: | 23913 |
| (1) "School district" means any city, local, exempted | 23914 |
| village, or joint vocational school district. | 23915 |
| (2) "Cost" means any expenditure for operating expenses made | 23916 |
| by a school district excluding any expenditures for debt | 23917 |
| retirement except for payments made to any commercial lending | 23918 |
| institution for any loan approved pursuant to section 3313.483 of | 23919 |
| the Revised Code. | 23920 |
| (K) Any person who removes data from the information system | 23921 |
| established under this section for the purpose of releasing it to | 23922 |
| any person not entitled under law to have access to such | 23923 |
| information is subject to section 2913.42 of the Revised Code | 23924 |
| prohibiting tampering with data. | 23925 |
| (L) Any time the department of education determines that a | 23926 |
| school district has taken any of the actions described under | 23927 |
| division (L)(1), (2), or (3) of this section, it shall make a | 23928 |
| report of the actions of the district, send a copy of the report | 23929 |
| to the superintendent of such school district, and maintain a copy | 23930 |
| of the report in its files: | 23931 |
| (1) The school district fails to meet any deadline | 23932 |
| established pursuant to this section for the reporting of any data | 23933 |
| to the education management information system; | 23934 |
| (2) The school district fails to meet any deadline | 23935 |
| established pursuant to this section for the correction of any | 23936 |
| data reported to the education management information system; | 23937 |
| (3) The school district reports data to the education | 23938 |
| management information system in a condition, as determined by the | 23939 |
| department, that indicates that the district did not make a good | 23940 |
| faith effort in reporting the data to the system. | 23941 |
| Any report made under this division shall include | 23942 |
| recommendations for corrective action by the school district. | 23943 |
| Upon making a report for the first time in a fiscal year, the | 23944 |
| department shall withhold ten per cent of the total amount due | 23945 |
| during that fiscal year under Chapter 3317. of the Revised Code to | 23946 |
| the school district to which the report applies. Upon making a | 23947 |
| second report in a fiscal year, the department shall withhold an | 23948 |
| additional twenty per cent of such total amount due during that | 23949 |
| fiscal year to the school district to which the report applies. | 23950 |
| The department shall not release such funds unless it determines | 23951 |
| that the district has taken corrective action. However, no such | 23952 |
| release of funds shall occur if the district fails to take | 23953 |
| corrective action within forty-five days of the date upon which | 23954 |
| the report was made by the department. | 23955 |
| (M) No data acquisition site or school district shall | 23956 |
| acquire, change, or update its student administration software | 23957 |
| package to manage and report data required to be reported to the | 23958 |
| department unless it converts to a student software package that | 23959 |
| is certified by the department. | 23960 |
| (N) The state board of education, in accordance with sections | 23961 |
| 3319.31 and 3319.311 of the Revised Code, may suspend or revoke a | 23962 |
| license as defined under division (A) of section 3319.31 of the | 23963 |
| Revised Code that has been issued to any school district employee | 23964 |
| found to have willfully reported erroneous, inaccurate, or | 23965 |
| incomplete data to the education management information system. | 23966 |
| (O) No person shall release or maintain any information about | 23967 |
| any student in violation of this section. Whoever violates this | 23968 |
| division is guilty of a misdemeanor of the fourth degree. | 23969 |
| (P) The department shall disaggregate the data collected | 23970 |
| under division (B)(1)(o) of this section according to the race and | 23971 |
| socioeconomic status of the students assessed. No data collected | 23972 |
| under that division shall be included on the report cards required | 23973 |
| by section 3302.03 of the Revised Code. | 23974 |
| (Q) If the department cannot compile any of the information | 23975 |
| required by division (C)(5) of section 3302.03 of the Revised Code | 23976 |
| based upon the data collected under this section, the department | 23977 |
| shall develop a plan and a reasonable timeline for the collection | 23978 |
| of any data necessary to comply with that division. | 23979 |
| Sec. 3301.0715. (A) Except as provided in division (E) of | 23980 |
| this section, the board of education of each city, local, and | 23981 |
| exempted village school district shall administer each applicable | 23982 |
| diagnostic assessment developed and provided to the district in | 23983 |
| accordance with section 3301.079 of the Revised Code to the | 23984 |
| following: | 23985 |
| (1) Each student enrolled in a building subject to division | 23986 |
| (E) of section 3302.04 of the Revised Code; | 23987 |
| (2) Any student who transfers into the district or to a | 23988 |
| different school within the district if each applicable diagnostic | 23989 |
| assessment was not administered by the district or school the | 23990 |
| student previously attended in the current school year, within | 23991 |
| thirty days after the date of transfer. If the district or school | 23992 |
| into which the student transfers cannot determine whether the | 23993 |
| student has taken any applicable diagnostic assessment in the | 23994 |
| current school year, the district or school may administer the | 23995 |
| diagnostic assessment to the student. | 23996 |
| (3) Each kindergarten student, not later than six weeks after | 23997 |
| the first day of school. For the purpose of division (A)(3) of | 23998 |
| this section, the district shall administer the kindergarten | 23999 |
| readiness assessment provided by the department of education. The | 24000 |
| district may administer the readiness assessment to a student | 24001 |
| prior to the student's enrollment in kindergarten, but in no case | 24002 |
| shall the results of the readiness assessment be used to prohibit | 24003 |
| the student from enrolling in kindergarten. | 24004 |
| (4) Each student enrolled in first or second grade. | 24005 |
| (B) Each district board shall administer each diagnostic | 24006 |
| assessment as the board deems appropriate. However, the board | 24007 |
| shall administer any diagnostic assessment at least once annually | 24008 |
| to all students in the appropriate grade level. A district board | 24009 |
| may administer any diagnostic assessment in the fall and spring of | 24010 |
| a school year to measure the amount of academic growth | 24011 |
| attributable to the instruction received by students during that | 24012 |
| school year. | 24013 |
| (C) Each district board shall utilize and score any | 24014 |
| diagnostic assessment administered under division (A) of this | 24015 |
| section in accordance with rules established by the department. | 24016 |
| Except as required by division (B)(1)(o) of section 3301.0714 of | 24017 |
| the Revised Code, neither the state board of education nor the | 24018 |
| department shall require school districts to report the results of | 24019 |
| diagnostic assessments for any students to the department or to | 24020 |
| make any such results available in any form to the public. After | 24021 |
| the administration of any diagnostic assessment, each district | 24022 |
| shall provide a student's completed diagnostic assessment, the | 24023 |
| results of such assessment, and any other accompanying documents | 24024 |
| used during the administration of the assessment to the parent of | 24025 |
| that student upon the parent's request. | 24026 |
| (D) Each district board shall provide intervention services | 24027 |
| to students whose diagnostic assessments show that they are | 24028 |
| failing to make satisfactory progress toward attaining the | 24029 |
| academic standards for their grade level. | 24030 |
| (E) Any district that made adequate yearly progress, as | 24031 |
| defined in section 3302.01 of the Revised Code, in the immediately | 24032 |
| preceding school year may assess student progress in grades one | 24033 |
| through | 24034 |
| diagnostic assessment required by division (A) of this section. | 24035 |
| (F) A district board may administer | 24036 |
| writing diagnostic assessment provided to the district in | 24037 |
| accordance with section 3301.079 of the Revised Code to any | 24038 |
| student enrolled in a building that is not subject to division | 24039 |
| (A)(1) of this section. Any district electing to administer the | 24040 |
| diagnostic | 24041 |
| shall provide intervention services to any such student whose | 24042 |
| diagnostic assessment shows unsatisfactory progress toward | 24043 |
| attaining the academic standards for the student's grade level. | 24044 |
| Sec. 3301.12. (A) The superintendent of public instruction | 24045 |
| in addition to the authority otherwise imposed on
| 24046 |
| superintendent, shall perform the following duties: | 24047 |
| (1) | 24048 |
| professional assistance and advice to all school districts in | 24049 |
| reference to all aspects of education, including finance, | 24050 |
| buildings and equipment, administration, organization of school | 24051 |
| districts, curriculum and instruction, transportation of pupils, | 24052 |
| personnel problems, and the interpretation of school laws and | 24053 |
| state regulations. | 24054 |
| (2) | 24055 |
| preparation and filing of such financial and other reports from | 24056 |
| school districts, officers, and employees as are necessary or | 24057 |
| proper. | 24058 |
| installation by school districts of such standardized reporting | 24059 |
| forms and accounting procedures as are essential to the | 24060 |
| businesslike operations of the public schools of the state. | 24061 |
| (3) | 24062 |
| research projects as are necessary or desirable for the | 24063 |
| improvement of public school education in Ohio, and such as may be | 24064 |
| assigned to | 24065 |
| education. Such studies and projects may include analysis of data | 24066 |
| contained in the education management information system | 24067 |
| established under section 3301.0714 of the Revised Code. For any | 24068 |
| study or project that requires the analysis of individual student | 24069 |
| data, the department of education or any entity with which the | 24070 |
| superintendent or department contracts to conduct the study or | 24071 |
| project shall maintain the confidentiality of student data at all | 24072 |
| times. For this purpose, the department or contracting entity | 24073 |
| shall use the data verification code assigned pursuant to division | 24074 |
| (D)(2) of section 3301.0714 of the Revised Code for each student | 24075 |
| whose data is analyzed. Except as otherwise provided in division | 24076 |
| (D)(1) of section 3301.0714 of the Revised Code, at no time shall | 24077 |
| the superintendent, the department, the state board of education, | 24078 |
| or any entity conducting a study or research project on the | 24079 |
| superintendent's behalf have access to a student's name, address, | 24080 |
| or social security number while analyzing individual student data. | 24081 |
| (4) | 24082 |
| to the state board of education a report of the activities of the | 24083 |
| department of education and the status, problems, and needs of | 24084 |
| education in the state of Ohio. | 24085 |
| (5) | 24086 |
| which the board exercises administrative control, including | 24087 |
| schools for education of handicapped persons. | 24088 |
| (B) The superintendent of public instruction may annually | 24089 |
| inspect and analyze the expenditures of each school district and | 24090 |
| make a determination as to the efficiency of each district's | 24091 |
| costs, relative to other school districts in the state, for | 24092 |
| instructional, administrative, and student support services. The | 24093 |
| superintendent shall notify each school district as to the nature | 24094 |
|
of, and reasons for, | 24095 |
| education shall adopt rules in accordance with Chapter 119. of the | 24096 |
| Revised Code setting forth the procedures and standards for the | 24097 |
| performance of the inspection and analysis. | 24098 |
| Sec. 3301.16. Pursuant to standards prescribed by the state | 24099 |
| board of education as provided in division (D) of section 3301.07 | 24100 |
| of the Revised Code, the state board shall classify and charter | 24101 |
| school districts and individual schools within each district | 24102 |
| except that no charter shall be granted to a nonpublic school | 24103 |
| unless pursuant to division (K) of section 3301.0711 of the | 24104 |
| Revised Code the school elects to administer the tests prescribed | 24105 |
| by division (B) of section 3301.0710 of the Revised Code beginning | 24106 |
| July 1, 1995. | 24107 |
| In the course of considering the charter of a new school | 24108 |
| district created under section 3311.26 or 3311.38 of the Revised | 24109 |
| Code, the state board shall require the party proposing creation | 24110 |
| of the district to submit to the board a map, certified by the | 24111 |
| county auditor of the county in which the proposed new district is | 24112 |
| located, showing the boundaries of the proposed new district. In | 24113 |
| the case of a proposed new district located in more than one | 24114 |
| county, the map shall be certified by the county auditor of each | 24115 |
| county in which the proposed district is located. | 24116 |
| The state board shall revoke the charter of any school | 24117 |
| district or school which fails to meet the standards for | 24118 |
| elementary and high schools as prescribed by the board. The state | 24119 |
| board shall also revoke the charter of any nonpublic school that | 24120 |
| does not comply with section 3313.612 of the Revised Code or, on | 24121 |
| or after July 1, 1995, does not participate in the testing program | 24122 |
| prescribed by division (B) of section 3301.0710 of the Revised | 24123 |
| Code. | 24124 |
| In the issuance and revocation of school district or school | 24125 |
| charters, the state board shall be governed by the provisions of | 24126 |
| Chapter 119. of the Revised Code. | 24127 |
| No school district, or individual school operated by a school | 24128 |
| district, shall operate without a charter issued by the state | 24129 |
| board under this section. | 24130 |
| In case a school district charter is revoked pursuant to this | 24131 |
| section, the state board may dissolve the school district and | 24132 |
| transfer its territory to one or more adjacent districts. An | 24133 |
| equitable division of the funds, property, and indebtedness of the | 24134 |
| school district shall be made by the state board among the | 24135 |
| receiving districts. The board of education of a receiving | 24136 |
| district shall accept such territory pursuant to the order of the | 24137 |
| state board. Prior to dissolving the school district, the state | 24138 |
| board shall notify the appropriate educational service center | 24139 |
| governing board and all adjacent school district boards of | 24140 |
| education of its intention to do so. Boards so notified may make | 24141 |
| recommendations to the state board regarding the proposed | 24142 |
| dissolution and subsequent transfer of territory. Except as | 24143 |
| provided in section 3301.161 of the Revised Code, the transfer | 24144 |
| ordered by the state board shall become effective on the date | 24145 |
| specified by the state board, but the date shall be at least | 24146 |
| thirty days following the date of issuance of the order. | 24147 |
| A high school is one of higher grade than an elementary | 24148 |
| school, in which instruction and training are given in accordance | 24149 |
| with sections 3301.07 and 3313.60 of the Revised Code and which | 24150 |
| also offers other subjects of study more advanced than those | 24151 |
| taught in the elementary schools and such other subjects as may be | 24152 |
| approved by the state board of education. | 24153 |
| An elementary school is one in which instruction and training | 24154 |
| are given in accordance with sections 3301.07 and 3313.60 of the | 24155 |
| Revised Code and which offers such other subjects as may be | 24156 |
| approved by the state board of education. In districts wherein a | 24157 |
| junior high school is maintained, the elementary schools in that | 24158 |
| district may be considered to include only the work of the first | 24159 |
| six school years inclusive, plus the kindergarten year. | 24160 |
| Sec. 3301.311. (A) As used in this section, "preschool | 24161 |
| program" has the same meaning as in section 3301.52 of the Revised | 24162 |
| Code. | 24163 |
| | 24164 |
| section, after July 1, 2005, no | 24165 |
| no early childhood education program or early learning program as | 24166 |
| defined by the department of education shall receive any funds | 24167 |
| from the state unless fifty per cent of the staff members employed | 24168 |
| by that program as teachers are working toward an associate degree | 24169 |
| of
a type approved by the department | 24170 |
| 24171 | |
| 24172 | |
| 24173 | |
| 24174 | |
| this section, beginning in fiscal year 2008, no | 24175 |
| preschool program, early childhood education program, or early | 24176 |
| learning program, shall receive any funds from the state unless | 24177 |
| every staff member employed by that program as a teacher has | 24178 |
| attained such a degree. | 24179 |
| (2) After July 1, 2010, no preschool program, and no early | 24180 |
| childhood education program or early learning program as defined | 24181 |
| by the department of education, shall receive any funds from the | 24182 |
| state unless fifty per cent of the staff members employed by the | 24183 |
| program as teachers have attained a bachelor's degree of a type | 24184 |
| approved by the department. | 24185 |
| Sec. 3301.32. (A)(1) The chief administrator of any head | 24186 |
| start agency shall request the superintendent of the bureau of | 24187 |
| criminal identification and investigation to conduct a criminal | 24188 |
| records check with respect to any applicant who has applied to the | 24189 |
| head start agency for employment as a person responsible for the | 24190 |
| care, custody, or control of a child. If the applicant does not | 24191 |
| present proof that the applicant has been a resident of this state | 24192 |
| for the five-year period immediately prior to the date upon which | 24193 |
| the criminal records check is requested or does not provide | 24194 |
| evidence that within that five-year period the superintendent has | 24195 |
| requested information about the applicant from the federal bureau | 24196 |
| of investigation in a criminal records check, the chief | 24197 |
| administrator shall request that the superintendent obtain | 24198 |
| information from the federal bureau of investigation as a part of | 24199 |
| the criminal records check for the applicant. If the applicant | 24200 |
| presents proof that the applicant has been a resident of this | 24201 |
| state for that five-year period, the chief administrator may | 24202 |
| request that the superintendent include information from the | 24203 |
| federal bureau of investigation in the criminal records check. | 24204 |
| (2) Any person required by division (A)(1) of this section to | 24205 |
| request a criminal records check shall provide to each applicant a | 24206 |
| copy of the form prescribed pursuant to division (C)(1) of section | 24207 |
| 109.572 of the Revised Code, provide to each applicant a standard | 24208 |
| impression sheet to obtain fingerprint impressions prescribed | 24209 |
| pursuant to division (C)(2) of section 109.572 of the Revised | 24210 |
| Code, obtain the completed form and impression sheet from each | 24211 |
| applicant, and forward the completed form and impression sheet to | 24212 |
| the superintendent of the bureau of criminal identification and | 24213 |
| investigation at the time the chief administrator requests a | 24214 |
| criminal records check pursuant to division (A)(1) of this | 24215 |
| section. | 24216 |
| (3) Any applicant who receives pursuant to division (A)(2) of | 24217 |
| this section a copy of the form prescribed pursuant to division | 24218 |
| (C)(1) of section 109.572 of the Revised Code and a copy of an | 24219 |
| impression sheet prescribed pursuant to division (C)(2) of that | 24220 |
| section and who is requested to complete the form and provide a | 24221 |
| set of fingerprint impressions shall complete the form or provide | 24222 |
| all the information necessary to complete the form and shall | 24223 |
| provide the impression sheets with the impressions of the | 24224 |
| applicant's fingerprints. If an applicant, upon request, fails to | 24225 |
| provide the information necessary to complete the form or fails to | 24226 |
| provide impressions of the applicant's fingerprints, the head | 24227 |
| start agency shall not employ that applicant for any position for | 24228 |
| which a criminal records check is required by division (A)(1) of | 24229 |
| this section. | 24230 |
| (B)(1) Except as provided in rules adopted by the director of | 24231 |
| job and family services in accordance with division (E) of this | 24232 |
| section, no head start agency shall employ a person as a person | 24233 |
| responsible for the care, custody, or control of a child if the | 24234 |
| person previously has been convicted of or pleaded guilty to any | 24235 |
| of the following: | 24236 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 24237 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 24238 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 24239 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 24240 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 24241 |
| 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 24242 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 24243 |
| 2925.06, or 3716.11 of the Revised Code, a violation of section | 24244 |
| 2905.04 of the Revised Code as it existed prior to July 1, 1996, a | 24245 |
| violation of section 2919.23 of the Revised Code that would have | 24246 |
| been a violation of section 2905.04 of the Revised Code as it | 24247 |
| existed prior to July 1, 1996, had the violation occurred prior to | 24248 |
| that date, a violation of section 2925.11 of the Revised Code that | 24249 |
| is not a minor drug possession offense, or felonious sexual | 24250 |
| penetration in violation of former section 2907.12 of the Revised | 24251 |
| Code; | 24252 |
| (b) A violation of an existing or former law of this state, | 24253 |
| any other state, or the United States that is substantially | 24254 |
| equivalent to any of the offenses or violations described in | 24255 |
| division (B)(1)(a) of this section. | 24256 |
| (2) A head start agency may employ an applicant conditionally | 24257 |
| until the criminal records check required by this section is | 24258 |
| completed and the agency receives the results of the criminal | 24259 |
| records check. If the results of the criminal records check | 24260 |
| indicate that, pursuant to division (B)(1) of this section, the | 24261 |
| applicant does not qualify for employment, the agency shall | 24262 |
| release the applicant from employment. | 24263 |
| (C)(1) Each head start agency shall pay to the bureau of | 24264 |
| criminal identification and investigation the fee prescribed | 24265 |
| pursuant to division (C)(3) of section 109.572 of the Revised Code | 24266 |
| for each criminal records check conducted in accordance with that | 24267 |
| section upon the request pursuant to division (A)(1) of this | 24268 |
| section of the chief administrator of the head start agency. | 24269 |
| (2) A head start agency may charge an applicant a fee for the | 24270 |
| costs it incurs in obtaining a criminal records check under this | 24271 |
| section. A fee charged under this division shall not exceed the | 24272 |
| amount of fees the agency pays under division (C)(1) of this | 24273 |
| section. If a fee is charged under this division, the agency shall | 24274 |
| notify the applicant at the time of the applicant's initial | 24275 |
| application for employment of the amount of the fee and that, | 24276 |
| unless the fee is paid, the head start agency will not consider | 24277 |
| the applicant for employment. | 24278 |
| (D) The report of any criminal records check conducted by the | 24279 |
| bureau of criminal identification and investigation in accordance | 24280 |
| with section 109.572 of the Revised Code and pursuant to a request | 24281 |
| made under division (A)(1) of this section is not a public record | 24282 |
| for the purposes of section 149.43 of the Revised Code and shall | 24283 |
| not be made available to any person other than the applicant who | 24284 |
| is the subject of the criminal records check or the applicant's | 24285 |
| representative, the head start agency requesting the criminal | 24286 |
| records check or its representative, and any court, hearing | 24287 |
| officer, or other necessary individual involved in a case dealing | 24288 |
| with the denial of employment to the applicant. | 24289 |
| (E) The director of job and family services shall adopt rules | 24290 |
| pursuant to Chapter 119. of the Revised Code to implement this | 24291 |
| section, including rules specifying circumstances under which a | 24292 |
| head start agency may hire a person who has been convicted of an | 24293 |
| offense listed in division (B)(1) of this section but who meets | 24294 |
| standards in regard to rehabilitation set by the director. | 24295 |
| (F) Any person required by division (A)(1) of this section to | 24296 |
| request a criminal records check shall inform each person, at the | 24297 |
| time of the person's initial application for employment, that the | 24298 |
| person is required to provide a set of impressions of the person's | 24299 |
| fingerprints and that a criminal records check is required to be | 24300 |
| conducted and satisfactorily completed in accordance with section | 24301 |
| 109.572 of the Revised Code if the person comes under final | 24302 |
| consideration for appointment or employment as a precondition to | 24303 |
| employment for that position. | 24304 |
| (G) As used in this section: | 24305 |
| (1) "Applicant" means a person who is under final | 24306 |
| consideration for appointment or employment in a position with a | 24307 |
| head start agency as a person responsible for the care, custody, | 24308 |
| or control of a child. | 24309 |
| (2)
"Head start agency" | 24310 |
| 24311 | |
| been approved to be an agency for purposes of the "Head Start | 24312 |
| Act," 95 State 489 (1981), 42 U.S.C. 9831, as amended. | 24313 |
| (3) "Criminal records check" has the same meaning as in | 24314 |
| section 109.572 of the Revised Code. | 24315 |
| (4) "Minor drug possession offense" has the same meaning as | 24316 |
| in section 2925.01 of the Revised Code. | 24317 |
| Sec. 3301.56. (A) The director of each preschool program | 24318 |
| shall be responsible for the following: | 24319 |
| (1) Ensuring that the health and safety of the children are | 24320 |
| safeguarded by an organized program of school health services | 24321 |
| designed to identify child health problems and to coordinate | 24322 |
| school and community health resources for children, as evidenced | 24323 |
| by but not limited to: | 24324 |
| (a) Requiring immunization and compliance with emergency | 24325 |
| medical authorization requirements in accordance with rules | 24326 |
| adopted by the state board of education under section 3301.53 of | 24327 |
| the Revised Code; | 24328 |
| (b) Providing procedures for emergency situations, including | 24329 |
| fire drills, rapid dismissals, and tornado drills in accordance | 24330 |
| with section 3737.73 of the Revised Code, and keeping records of | 24331 |
| such drills or dismissals; | 24332 |
| (c) Posting emergency procedures in preschool rooms and | 24333 |
| making them available to school personnel, children, and parents; | 24334 |
| (d) Posting emergency numbers by each telephone; | 24335 |
| (e) Supervising grounds, play areas, and other facilities | 24336 |
| when scheduled for use by children; | 24337 |
| (f) Providing first-aid facilities and materials. | 24338 |
| (2) Maintaining cumulative records for each child; | 24339 |
| (3) Supervising each child's admission, placement, and | 24340 |
| withdrawal according to established procedures; | 24341 |
| (4) Preparing at least once annually for each group of | 24342 |
| children in the program a roster of names and telephone numbers of | 24343 |
| parents, guardians, and custodians of children in the group and, | 24344 |
| on request, furnishing the roster for each group to the parents, | 24345 |
| guardians, and custodians of children in that group. The director | 24346 |
| may prepare a similar roster of all children in the program and, | 24347 |
| on request, make it available to the parents, guardians, and | 24348 |
| custodians, of children in the program. The director shall not | 24349 |
| include in either roster the name or telephone number of any | 24350 |
| parent, guardian, or custodian who requests that the parent's, | 24351 |
| guardian's, or custodian's name or number not be included, and | 24352 |
| shall not furnish any roster to any person other than a parent, | 24353 |
| guardian, or custodian of a child in the program. | 24354 |
| (5) Ensuring that clerical and custodial services are | 24355 |
| provided for the program; | 24356 |
| (6) Supervising the instructional program and the daily | 24357 |
| operation of the program; | 24358 |
| (7) Supervising and evaluating preschool staff members | 24359 |
| according to a planned sequence of observations and evaluation | 24360 |
| conferences, and supervising nonteaching employees. | 24361 |
| (B)(1) In each program the maximum number of children per | 24362 |
| preschool staff member and the maximum group size by age category | 24363 |
| of children shall be as follows: | 24364 |
| Maximum | 24365 | |||||
| Group | Staff Member/ | 24366 | ||||
| Age Group | Size | Child Ratio | 24367 | |||
| Birth to less than 12 months | 12 | 1:5, or 2:12 if | 24368 | |||
| two preschool | 24369 | |||||
| staff members | 24370 | |||||
| are in the room | 24371 | |||||
| 12 months to less than 18 months | 12 | 1:6 | 24372 | |||
| 18 months to less than 30 months | 14 | 1:7 | 24373 | |||
| 30 months to less than 3 years | 16 | 1:8 | 24374 | |||
| 3-year-olds | 24 | 1:12 | 24375 | |||
| 4- and 5-year-olds not in school | 28 | 1:14 | 24376 |
| (2) When age groups are combined, the maximum number of | 24377 |
| children per preschool staff member shall be determined by the age | 24378 |
| of the youngest child in the group, except that when no more than | 24379 |
| one child thirty months of age or older receives child care in a | 24380 |
| group in which all the other children are in the next older age | 24381 |
| group, the maximum number of children per child-care staff member | 24382 |
| and maximum group size requirements of the older age group | 24383 |
| established under division (B)(1) of this section shall apply. | 24384 |
| (3) In a room where children are napping, if all the children | 24385 |
| are at least eighteen months of age, the maximum number of | 24386 |
| children per preschool staff member shall, for a period not to | 24387 |
| exceed one and one-half hours in any twenty-four hour day, be | 24388 |
| twice the maximum number of children per preschool staff member | 24389 |
| established under division (B)(1) of this section if all the | 24390 |
| following criteria are met: | 24391 |
| (a) At least one preschool staff member is present in the | 24392 |
| room; | 24393 |
| (b) Sufficient preschool staff members are present on the | 24394 |
| preschool program premises to comply with division (B)(1) of this | 24395 |
| section; | 24396 |
| (c) Naptime preparations have been completed and the children | 24397 |
| are resting or napping. | 24398 |
| (4) Any accredited program that uses the Montessori method | 24399 |
| endorsed by the American Montessori society or the association | 24400 |
| Montessori internationale as its primary method of instruction and | 24401 |
| is licensed as a preschool program under section 3301.58 of the | 24402 |
| Revised Code may combine preschool children of ages three to five | 24403 |
| years old with children enrolled in kindergarten. Notwithstanding | 24404 |
| anything to the contrary in division (B)(2) of this section, when | 24405 |
| such age groups are combined, the maximum number of children per | 24406 |
| preschool staff member shall be twelve and the maximum group size | 24407 |
| shall be twenty-four children. | 24408 |
| (C) In each building in which a preschool program is operated | 24409 |
| there shall be on the premises, and readily available at all | 24410 |
| times, at least one employee who has completed a course in first | 24411 |
| aid and in the prevention, recognition, and management of | 24412 |
| communicable diseases which is approved by the state department of | 24413 |
| health, and an employee who has completed a course in child abuse | 24414 |
| recognition and prevention. | 24415 |
| (D) Any parent, guardian, or custodian of a child enrolled in | 24416 |
| a preschool program shall be permitted unlimited access to the | 24417 |
| school during its hours of operation to contact the parent's, | 24418 |
| guardian's, or custodian's child, evaluate the care provided by | 24419 |
| the program, or evaluate the premises, or for other purposes | 24420 |
| approved by the director. Upon entering the premises, the parent, | 24421 |
| guardian, or custodian shall report to the school office. | 24422 |
| Sec. 3301.86. The | 24423 |
| grants program is hereby established. | 24424 |
| 24425 | |
| 24426 | |
| 24427 | |
| 24428 | |
| department of education shall award reading intervention grants to | 24429 |
| public schools and classrooms operated by city, local, and | 24430 |
| exempted village school districts, by community schools, and by | 24431 |
| educational service centers. The grants shall be used to fund the | 24432 |
| engagement of volunteers to assist struggling students in grades | 24433 |
| kindergarten through twelve improve their reading skills, to | 24434 |
| improve reading outcomes in low-performing schools, and to | 24435 |
| facilitate closing the achievement gap between students of | 24436 |
| different subgroups. | 24437 |
| Sec. 3301.88. (A) A recipient of a grant under section | 24438 |
| 3301.86
| 24439 |
| 24440 | |
| identification and investigation a criminal records check on any | 24441 |
| individual, other than an individual described in division (B) of | 24442 |
| this section, who applies to participate in providing directly to | 24443 |
| children any
program or
service | 24444 |
| 24445 | |
| recipient
| 24446 |
| request a criminal records check, the request shall consist of a | 24447 |
| request for the information a school district board of education | 24448 |
| may request under division (F)(2)(a) of section 109.57 of the | 24449 |
| Revised Code and shall be accompanied by one of the following | 24450 |
| identification options: | 24451 |
| (1) The form and standard impression sheet prescribed by the | 24452 |
| bureau under division (C) of section 109.572 of the Revised Code; | 24453 |
| (2) A form prescribed by the bureau on which is specified the | 24454 |
| individual's name, social security number, and date of birth. | 24455 |
| (B) A grant recipient
| 24456 |
| 24457 | |
| (A) of this section with respect to any individual who furnishes | 24458 |
| the grant recipient
| 24459 |
| with a certified copy of a report of a criminal records check | 24460 |
| completed by the bureau within one year prior to applying to | 24461 |
| participate in providing programs or services
| 24462 |
| 24463 |
| (C) Except as provided in rules adopted under division (G)(2) | 24464 |
| of this section, a grant recipient
| 24465 |
| 24466 | |
| providing
directly to children any program or service
| 24467 |
| 24468 | |
| part by the grant if the information requested under this section | 24469 |
| from the bureau indicates that the individual has ever pleaded | 24470 |
| guilty to or been found guilty by a jury or court of any of the | 24471 |
| following: | 24472 |
| (1) A felony; | 24473 |
| (2) A violation of section 2903.16, 2903.34, 2905.05, | 24474 |
| 2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.23, 2907.25, | 24475 |
| 2907.31, 2919.12, 2919.22, 2919.24, 2925.04, or 3716.11 of the | 24476 |
| Revised Code; a violation of section 2905.04 of the Revised Code | 24477 |
| as it existed prior to July 1, 1996; or a violation of section | 24478 |
| 2919.23 of the Revised Code that would have been a violation of | 24479 |
| section 2905.04 of the Revised Code as it existed prior to July 1, | 24480 |
| 1996, had it been committed prior to that date; | 24481 |
| (3) An offense of violence; | 24482 |
| (4) A theft offense, as defined in section 2913.01 of the | 24483 |
| Revised Code; | 24484 |
| (5) A drug abuse offense, as defined in section 2925.01 of | 24485 |
| the Revised Code; | 24486 |
| (6) A violation of an existing or former ordinance of a | 24487 |
| municipal corporation or law of the United States or another state | 24488 |
| that is substantively comparable to an offense listed in divisions | 24489 |
| (C)(1) to (5) of this section. | 24490 |
| (D) A grant recipient | 24491 |
| 24492 | |
| conditionally allow an individual to participate in providing | 24493 |
| programs or services directly to children until the criminal | 24494 |
| records
check is completed and the grant recipient
| 24495 |
| 24496 | |
| results of the criminal records check indicate that the individual | 24497 |
| has been convicted of or pleaded guilty to an offense listed in | 24498 |
|
division (C) of this section,
the grant recipient
| 24499 |
| 24500 | |
| to further participate in providing directly to children any | 24501 |
| program or service
| 24502 |
| 24503 | |
| provided in the rules adopted under division (G)(2) of this | 24504 |
| section. | 24505 |
| (E) The report of any criminal records check conducted in | 24506 |
| accordance with division (F)(5) of section 109.57 of the Revised | 24507 |
| Code pursuant to a request under this section is not a public | 24508 |
| record for purposes of section 149.43 of the Revised Code. The | 24509 |
| report shall not be made available to any person other than the | 24510 |
| individual who is the subject of the criminal records check or the | 24511 |
| individual's representative, the grant recipient or the grant | 24512 |
| recipient's representative
| 24513 |
| 24514 | |
| individual in a case dealing with the denial of the individual's | 24515 |
| participation in a
program or service
| 24516 |
| 24517 | |
| under section 3301.86 of the Revised Code. | 24518 |
| (F) The | 24519 |
| reimburse each grant recipient
| 24520 |
| 24521 | |
| amount paid by the grant recipient
| 24522 |
| 24523 | |
| conducted by the bureau of criminal identification and | 24524 |
| investigation. Reimbursement shall be paid under this division | 24525 |
| only for criminal records checks on individuals who apply to | 24526 |
| participate in providing directly to children any program or | 24527 |
| service | 24528 |
| funded in whole or in part by the grant. To receive it, the grant | 24529 |
| recipient
| 24530 |
| submit information to the | 24531 |
| required by the | 24532 |
| addition to the grant awarded to the recipient under section | 24533 |
|
3301.86 | 24534 |
| (G) The | 24535 |
| in accordance with Chapter 119. of the Revised Code: | 24536 |
| (1) Prescribing the form and manner in which grant recipients | 24537 |
| 24538 | |
| information to the | 24539 |
| reimbursement under division (F) of this section; | 24540 |
| (2) Specifying circumstances under which a grant recipient
| 24541 |
| 24542 | |
| individual whose criminal records check report indicates that the | 24543 |
| individual has been convicted of or pleaded guilty to an offense | 24544 |
| listed in division (C) of this section, but who meets standards in | 24545 |
| regard to rehabilitation set forth in the rules, to participate in | 24546 |
| providing directly
to children any program or service
| 24547 |
| 24548 | |
| part by the grant. | 24549 |
| Sec. 3302.03. (A) Annually the department of education shall | 24550 |
| report for each school district and each school building in a | 24551 |
| district all of the following: | 24552 |
| (1) The extent to which the school district or building meets | 24553 |
| each of the applicable performance indicators created by the state | 24554 |
| board of education under section 3302.02 of the Revised Code and | 24555 |
| the number of applicable performance indicators that have been | 24556 |
| achieved; | 24557 |
| (2) The performance index score of the school district or | 24558 |
| building; | 24559 |
| (3) Whether the school district or building has made adequate | 24560 |
| yearly progress; | 24561 |
| (4) Whether the school district or building is excellent, | 24562 |
| effective, needs continuous improvement, is under an academic | 24563 |
| watch, or is in a state of academic emergency. | 24564 |
| (B) | 24565 |
| this section: | 24566 |
| (1) A school district or building shall be declared excellent | 24567 |
| if it fulfills one of the following requirements: | 24568 |
| (a) It makes adequate yearly progress and either meets at | 24569 |
| least ninety-four per cent of the applicable state performance | 24570 |
| indicators or has a performance index score established by the | 24571 |
| department. | 24572 |
| (b) It has failed to make adequate yearly progress for not | 24573 |
| more than two consecutive years and either meets at least | 24574 |
| ninety-four per cent of the applicable state performance | 24575 |
| indicators or has a performance index score established by the | 24576 |
| department. | 24577 |
| (2) A school district or building shall be declared effective | 24578 |
| if it fulfills one of the following requirements: | 24579 |
| (a) It makes adequate yearly progress and either meets at | 24580 |
| least seventy-five per cent but less than ninety-four per cent of | 24581 |
| the applicable state performance indicators or has a performance | 24582 |
| index score established by the department. | 24583 |
| (b) It does not make adequate yearly progress and either | 24584 |
| meets at least seventy-five per cent of the applicable state | 24585 |
| performance indicators or has a performance index score | 24586 |
| established by the department, except that if it does not make | 24587 |
| adequate yearly progress for three consecutive years, it shall be | 24588 |
| declared in need of continuous improvement. | 24589 |
| (3) A school district or building shall be declared to be in | 24590 |
| need of continuous improvement if it fulfills one of the following | 24591 |
| requirements: | 24592 |
| (a) It makes adequate yearly progress, meets less than | 24593 |
| seventy-five per cent of the applicable state performance | 24594 |
| indicators, and has a performance index score established by the | 24595 |
| department. | 24596 |
| (b) It does not make adequate yearly progress and either | 24597 |
| meets at least fifty per cent but less than seventy-five per cent | 24598 |
| of the applicable state performance indicators or has a | 24599 |
| performance index score established by the department. | 24600 |
| (4) A school district or building shall be declared to be | 24601 |
| under an academic watch if it does not make adequate yearly | 24602 |
| progress and either meets at least thirty-one per cent but less | 24603 |
| than fifty per cent of the applicable state performance indicators | 24604 |
| or has a performance index score established by the department. | 24605 |
| (5) A school district or building shall be declared to be in | 24606 |
| a state of academic emergency if it does not make adequate yearly | 24607 |
| progress, does not meet at least thirty-one per cent of the | 24608 |
| applicable state performance indicators, and has a performance | 24609 |
| index score established by the department. | 24610 |
| (6) When designating performance ratings for school districts | 24611 |
| and buildings under divisions (B)(1) to (5) of this section, the | 24612 |
| department shall not assign a school district or building a lower | 24613 |
| designation from its previous year's designation based solely on | 24614 |
| one subgroup not making adequate yearly progress. | 24615 |
| (C)(1) The department shall issue annual report cards for | 24616 |
| each school district, each building within each district, and for | 24617 |
| the state as a whole reflecting performance on the indicators | 24618 |
| created by the state board under section 3302.02 of the Revised | 24619 |
| Code, the performance index score, and adequate yearly progress. | 24620 |
| (2) The department shall include on the report card for each | 24621 |
| district information pertaining to any change from the previous | 24622 |
| year made by the school district or school buildings within the | 24623 |
| district on any performance indicator. | 24624 |
| (3) When reporting data on student performance, the | 24625 |
| department shall disaggregate that data according to the following | 24626 |
| categories: | 24627 |
| (a) Performance of students by age group; | 24628 |
| (b) Performance of students by race and ethnic group; | 24629 |
| (c) Performance of students by gender; | 24630 |
| (d) Performance of students grouped by those who have been | 24631 |
| enrolled in a district or school for three or more years; | 24632 |
| (e) Performance of students grouped by those who have been | 24633 |
| enrolled in a district or school for more than one year and less | 24634 |
| than three years; | 24635 |
| (f) Performance of students grouped by those who have been | 24636 |
| enrolled in a district or school for one year or less; | 24637 |
| (g) Performance of students grouped by those who are | 24638 |
| economically disadvantaged; | 24639 |
| (h) Performance of students grouped by those who are enrolled | 24640 |
| in a conversion community school established under Chapter 3314. | 24641 |
| of the Revised Code; | 24642 |
| (i) Performance of students grouped by those who are | 24643 |
| classified as limited English proficient; | 24644 |
| (j) Performance of students grouped by those who have | 24645 |
| disabilities; | 24646 |
| (k) Performance of students grouped by those who are | 24647 |
| classified as migrants; | 24648 |
| (l) Performance of students grouped by those who are | 24649 |
| identified as gifted pursuant to Chapter 3324. of the Revised | 24650 |
| Code. | 24651 |
| The department may disaggregate data on student performance | 24652 |
| according to other categories that the department determines are | 24653 |
| appropriate. To the extent possible, the department shall | 24654 |
| disaggregate data on student performance according to any | 24655 |
| combinations of two or more of the categories listed in divisions | 24656 |
| (C)(3)(a) to (l) of this section that it deems relevant. | 24657 |
| In reporting data pursuant to division (C)(3) of this | 24658 |
| section, the department shall not include in the report cards any | 24659 |
| data statistical in nature that is statistically unreliable or | 24660 |
| that could result in the identification of individual students. | 24661 |
| For this purpose, the department shall not report student | 24662 |
| performance data for any group identified in division (C)(3) of | 24663 |
| this section that contains less than ten students. | 24664 |
| (4) The department may include with the report cards any | 24665 |
| additional education and fiscal performance data it deems | 24666 |
| valuable. | 24667 |
| (5) The department shall include on each report card a list | 24668 |
| of additional information collected by the department that is | 24669 |
| available regarding the district or building for which the report | 24670 |
| card is issued. When available, such additional information shall | 24671 |
| include student mobility data disaggregated by race and | 24672 |
| socioeconomic status, college enrollment data, and the reports | 24673 |
| prepared under section 3302.031 of the Revised Code. | 24674 |
| The department shall maintain a site on the world wide web. | 24675 |
| The report card shall include the address of the site and shall | 24676 |
| specify that such additional information is available to the | 24677 |
| public at that site. The department shall also provide a copy of | 24678 |
| each item on the list to the superintendent of each school | 24679 |
| district. The district superintendent shall provide a copy of any | 24680 |
| item on the list to anyone who requests it. | 24681 |
| (6) | 24682 |
| schools that primarily enroll students between sixteen and | 24683 |
| twenty-two years of age who dropped out of high school or are at | 24684 |
| risk of dropping out of high school due to poor attendance, | 24685 |
| disciplinary problems, or suspensions. | 24686 |
| For any district that sponsors a conversion community school | 24687 |
| under Chapter 3314. of the Revised Code, the department shall | 24688 |
| combine data regarding the academic performance of students | 24689 |
| enrolled in the community school with comparable data from the | 24690 |
| schools of the district for the purpose of calculating the | 24691 |
| performance of the district as a whole on the report card issued | 24692 |
| for the district. | 24693 |
| (7) The department shall include on each report card the | 24694 |
| percentage of teachers in the district or building who are highly | 24695 |
| qualified, as defined by the "No Child Left Behind Act of 2001," | 24696 |
| and a comparison of that percentage with the percentages of such | 24697 |
| teachers in similar districts and buildings. | 24698 |
| (8) The department shall include on the report card the | 24699 |
| number of master teachers employed by each district and each | 24700 |
| building once the data is available from the education management | 24701 |
| information system established under section 3301.0714 of the | 24702 |
| Revised Code. | 24703 |
| (D)(1) In calculating reading, writing, mathematics, social | 24704 |
| studies, or science proficiency or achievement test passage rates | 24705 |
| used to determine school district or building performance under | 24706 |
| this section, the department shall include all students taking a | 24707 |
| test with accommodation or to whom an alternate assessment is | 24708 |
| administered pursuant to division (C)(1) or (3) of section | 24709 |
| 3301.0711 of the Revised Code. | 24710 |
| (2) In calculating performance index scores, rates of | 24711 |
| achievement on the performance indicators established by the state | 24712 |
| board under section 3302.02 of the Revised Code, and adequate | 24713 |
| yearly progress for school districts and buildings under this | 24714 |
| section, the department shall do all of the following: | 24715 |
| (a) Include for each district or building only those students | 24716 |
| who are included in the ADM certified for the first full school | 24717 |
| week of October and are continuously enrolled in the district or | 24718 |
| building through the time of the spring administration of any test | 24719 |
| prescribed by section 3301.0710 of the Revised Code that is | 24720 |
| administered to the student's grade level; | 24721 |
| (b) Include cumulative totals from both the fall and spring | 24722 |
| administrations of the third grade reading achievement test; | 24723 |
| (c) Except as required by the "No Child Left Behind Act of | 24724 |
| 2001" for the calculation of adequate yearly progress, exclude for | 24725 |
| each district or building any limited English proficient student | 24726 |
| who has been enrolled in United States schools for less than one | 24727 |
| full school year. | 24728 |
| Sec. 3302.10. (A) Beginning July 1, 2007, the superintendent | 24729 |
| of public instruction shall establish an academic distress | 24730 |
| commission for each school district that has been declared to be | 24731 |
| in a state of academic emergency pursuant to section 3302.03 of | 24732 |
| the Revised Code and has failed to make adequate yearly progress | 24733 |
| for four or more consecutive school years. Each commission shall | 24734 |
| assist the district for which it was established in improving the | 24735 |
| district's academic performance. | 24736 |
| (B) Each academic distress commission shall consist of five | 24737 |
| voting members, three of whom shall be appointed by the | 24738 |
| superintendent of public instruction and two of whom shall be | 24739 |
| appointed by the president of the board of education of the | 24740 |
| applicable school district. | 24741 |
| (C) Each academic distress commission shall seek input from | 24742 |
| the district board of education regarding ways to improve the | 24743 |
| district's academic performance, but any decision of the | 24744 |
| commission related to any authority granted to the commission | 24745 |
| under this section shall be final. | 24746 |
| The commission may do any of the following: | 24747 |
| (1) Appoint school building administrators and reassign | 24748 |
| administrative personnel; | 24749 |
| (2) Terminate the contracts of administrators or | 24750 |
| administrative personnel. The commission shall not be required to | 24751 |
| comply with section 3319.16 of the Revised Code with respect to | 24752 |
| any contract terminated under this division. | 24753 |
| (3) Contract with a private entity to perform school or | 24754 |
| district management functions; | 24755 |
| (4) Establish a budget for the district and approve district | 24756 |
| expenditures, unless a financial planning and supervision | 24757 |
| commission has been established for the district pursuant to | 24758 |
| section 3316.05 of the Revised Code. | 24759 |
| (D) If the board of education of a district for which an | 24760 |
| academic distress commission has been established under this | 24761 |
| section renews any collective bargaining agreement under Chapter | 24762 |
| 4117. of the Revised Code during the existence of the commission, | 24763 |
| the district board shall not enter into any agreement that would | 24764 |
| render any decision of the commission unenforceable. Section | 24765 |
| 3302.08 of the Revised Code does not apply to this division. | 24766 |
| Notwithstanding any provision to the contrary in Chapter | 24767 |
| 4117. of the Revised Code, if the board of education has entered | 24768 |
| into a collective bargaining agreement after the effective date of | 24769 |
| this section that contains stipulations relinquishing one or more | 24770 |
| of the rights or responsibilities listed in division (C) of | 24771 |
| section 4117.08 of the Revised Code, those stipulations are not | 24772 |
| enforceable and the district board shall resume holding those | 24773 |
| rights or responsibilities as if it had not relinquished them in | 24774 |
| that agreement until such time as both the academic distress | 24775 |
| commission ceases to exist and the district board agrees to | 24776 |
| relinquish those rights or responsibilities in a new collective | 24777 |
| bargaining agreement. The provisions of this paragraph apply to a | 24778 |
| collective bargaining agreement entered into after the effective | 24779 |
| date of this section and those provisions are deemed to be part of | 24780 |
| that agreement regardless of whether the district satisfied the | 24781 |
| conditions prescribed in division (A) of this section at the time | 24782 |
| the district entered into that agreement. | 24783 |
| (E) An academic distress commission shall cease to exist when | 24784 |
| the district for which it was established receives a performance | 24785 |
| rating under section 3302.03 of the Revised Code of in need of | 24786 |
| continuous improvement or better for two out of three school | 24787 |
| years; however, the superintendent of public instruction may | 24788 |
| dissolve the commission earlier if the superintendent determines | 24789 |
| that the district can perform adequately without the supervision | 24790 |
| of the commission. | 24791 |
| Sec. 3310.01. As used in sections 3310.01 to 3310.17 of the | 24792 |
| Revised Code: | 24793 |
| (A) "Chartered nonpublic school" means a nonpublic school | 24794 |
| that holds a valid charter issued by the state board of education | 24795 |
| under section 3301.16 of the Revised Code and meets the standards | 24796 |
| established for such schools in rules adopted by the state board. | 24797 |
| (B) An "eligible student" is a student who satisfies the | 24798 |
| conditions specified in section 3310.03 of the Revised Code. | 24799 |
| (C) "Parent" has the same meaning as in section 3313.98 of | 24800 |
| the Revised Code. | 24801 |
| (D) "Resident district" means the school district in which a | 24802 |
| student is entitled to attend school under section 3313.64 or | 24803 |
| 3313.65 of the Revised Code. | 24804 |
| (E) "School year" has the same meaning as in section 3313.62 | 24805 |
| of the Revised Code. | 24806 |
| Sec. 3310.02. The educational choice scholarship pilot | 24807 |
| program is hereby established. Under the program, the department | 24808 |
| of education annually shall pay scholarships to attend chartered | 24809 |
| nonpublic schools in accordance with section 3310.08 of the | 24810 |
| Revised Code for up to the number of eligible students prescribed | 24811 |
| by the general assembly. If the number of students who apply for a | 24812 |
| scholarship exceeds the number prescribed by the general assembly, | 24813 |
| the department first shall award scholarships to eligible students | 24814 |
| who received scholarships in the prior school year, and then shall | 24815 |
| give priority to eligible students with family incomes at or below | 24816 |
| two hundred per cent of the federal poverty guidelines, as defined | 24817 |
| in section 5101.46 of the Revised Code. After awarding | 24818 |
| scholarships to previous recipients and to low-income eligible | 24819 |
| students, the department shall select students by lot to receive | 24820 |
| any remaining scholarships. | 24821 |
| Sec. 3310.03. (A) A student is an "eligible student" for | 24822 |
| purposes of the educational choice scholarship pilot program if | 24823 |
| the student satisfies both of the following conditions: | 24824 |
| (1) The student either: | 24825 |
| (a) Is enrolled in a school building that is operated by the | 24826 |
| student's resident district and that the department of education | 24827 |
| declared, in the most recent rating of school buildings published | 24828 |
| prior to the first day of July of the school year for which a | 24829 |
| scholarship is sought and in the two preceding school years, to be | 24830 |
| in a state of academic emergency under section 3302.03 of the | 24831 |
| Revised Code; | 24832 |
| (b) Is eligible to enroll in kindergarten in the school year | 24833 |
| for which a scholarship is sought and otherwise would be assigned | 24834 |
| under section 3319.01 of the Revised Code to a school building | 24835 |
| described in division (A)(1)(a) of this section; | 24836 |
| (c) Is enrolled in a community school established under | 24837 |
| Chapter 3314. of the Revised Code but otherwise would be assigned | 24838 |
| under section 3319.01 of the Revised Code to a building described | 24839 |
| in division (A)(1)(a) of this section. | 24840 |
| (2) The student's resident district is not a school district | 24841 |
| in which the pilot project scholarship program is operating under | 24842 |
| sections 3313.974 to 3313.979 of the Revised Code. | 24843 |
| (B) A student who receives a scholarship under the | 24844 |
| educational choice scholarship pilot program remains an eligible | 24845 |
| student and may continue to receive scholarships in subsequent | 24846 |
| school years until the student completes grade twelve, so long as | 24847 |
| all of the following apply: | 24848 |
| (1) The student's resident district remains the same; | 24849 |
| (2) The student takes each state test prescribed for the | 24850 |
| student's grade level under section 3301.0710 or 3301.0712 of the | 24851 |
| Revised Code while enrolled in a chartered nonpublic school; | 24852 |
| (3) In each school year that the student is enrolled in a | 24853 |
| chartered nonpublic school, the student is absent from school for | 24854 |
| not more than twenty days that the school is open for instruction, | 24855 |
| not including absences due to illness or injury confirmed in | 24856 |
| writing by a physician. | 24857 |
| (C) The superintendent shall cease awarding first-time | 24858 |
| scholarships with respect to a school building that, in the most | 24859 |
| recent ratings of school buildings published under section 3302.03 | 24860 |
| of the Revised Code prior to the first day of July of the school | 24861 |
| year, ceases to be in a state of academic emergency. However, | 24862 |
| students who have received scholarships in the prior school year | 24863 |
| remain eligible students pursuant to division (B) of this section. | 24864 |
| Sec. 3310.04. Any eligible student who is enrolled in a | 24865 |
| chartered nonpublic school and for whom a scholarship under the | 24866 |
| educational choice scholarship pilot program has been awarded | 24867 |
| shall be entitled to transportation to and from the chartered | 24868 |
| nonpublic school by the student's resident district in the manner | 24869 |
| prescribed in section 3327.01 of the Revised Code. | 24870 |
| Sec. 3310.05. A scholarship under the educational choice | 24871 |
| scholarship pilot program is not available for any student whose | 24872 |
| resident district is a school district in which the pilot project | 24873 |
| scholarship program is operating under sections 3313.974 to | 24874 |
| 3313.979 of the Revised Code. The two pilot programs are separate | 24875 |
| and distinct. The general assembly has prescribed separate | 24876 |
| scholarship amounts for the two pilot programs in recognition of | 24877 |
| their differing eligibility criteria. The pilot project | 24878 |
| scholarship program operating under sections 3313.974 to 3313.979 | 24879 |
| of the Revised Code is a district-wide program that may award | 24880 |
| scholarships to students who do not attend district schools that | 24881 |
| face academic challenges, whereas the educational choice | 24882 |
| scholarship pilot program established under sections 3310.01 to | 24883 |
| 3310.17 of the Revised Code is limited to students of individual | 24884 |
| district school buildings that face academic challenges. | 24885 |
| Sec. 3310.06. It is the policy adopted by the general | 24886 |
| assembly that the educational choice scholarship pilot program | 24887 |
| shall be construed as one of several educational options available | 24888 |
| for students enrolled in academic emergency school buildings. | 24889 |
| Students may be enrolled in the schools of the student's resident | 24890 |
| district, in a community school established under Chapter 3314. of | 24891 |
| the Revised Code, in the schools of another school district | 24892 |
| pursuant to an open enrollment policy adopted under section | 24893 |
| 3313.98 of the Revised Code, in a chartered nonpublic school with | 24894 |
| or without a scholarship under the educational choice scholarship | 24895 |
| pilot program, or in other schools as the law may provide. | 24896 |
| Sec. 3310.07. Any parent, or any student who is at least | 24897 |
| eighteen years of age, who is seeking a scholarship under the | 24898 |
| educational choice scholarship pilot program shall notify the | 24899 |
| department of education of the student's and parent's names and | 24900 |
| address, the chartered nonpublic school in which the student has | 24901 |
| been accepted for enrollment, and the tuition charged by the | 24902 |
| school. | 24903 |
| Sec. 3310.08. (A) The amount paid for an eligible student | 24904 |
| under the educational choice scholarship pilot program shall be | 24905 |
| the lesser of the tuition of the chartered nonpublic school in | 24906 |
| which the student is enrolled or the maximum amount prescribed in | 24907 |
| section 3310.09 of the Revised Code. | 24908 |
| (B)(1) The department shall pay to the parent of each | 24909 |
| eligible student for whom a scholarship is awarded under the | 24910 |
| program, or to the student if at least eighteen years of age, | 24911 |
| periodic partial payments of the scholarship. | 24912 |
| (2) The department shall proportionately reduce or terminate | 24913 |
| the payments for any student who withdraws from a chartered | 24914 |
| nonpublic school prior to the end of the school year. | 24915 |
| (C)(1) The department shall deduct from the payments made to | 24916 |
| each school district under Chapter 3317. and, if necessary, | 24917 |
| sections 321.24 and 323.156 of the Revised Code the amount of five | 24918 |
| thousand two hundred dollars for each eligible student awarded a | 24919 |
| scholarship under the educational choice scholarship pilot program | 24920 |
| who is entitled under section 3313.64 or 3313.65 of the Revised | 24921 |
| Code to attend school in the district. The amount deducted under | 24922 |
| this division funds scholarships for students under both the | 24923 |
| educational choice scholarship pilot program and the pilot project | 24924 |
| scholarship program under sections 3313.974 to 3313.979 of the | 24925 |
| Revised Code. | 24926 |
| (2) If the department reduces or terminates payments to a | 24927 |
| parent or a student, as prescribed in division (B)(2) of this | 24928 |
| section, and the student re-enrolls in the schools of the | 24929 |
| student's resident district before the end of the school year, the | 24930 |
| department shall proportionally restore to the resident district | 24931 |
| the amount deducted for that student under division (C)(1) of this | 24932 |
| section. | 24933 |
| (D) In the case of any school district from which a deduction | 24934 |
| is made under division (C) of this section, the department shall | 24935 |
| disclose on the district's SF-3 form, or any successor to that | 24936 |
| form used to calculate a district's state funding for operating | 24937 |
| expenses, a comparison of the following: | 24938 |
| (1) The district's state base-cost payment, as calculated | 24939 |
| under division (A)(1) of section 3317.022 of the Revised Code | 24940 |
| prior to making the adjustments under divisions (A)(2) and (3) of | 24941 |
| that section, with the scholarship students included in the | 24942 |
| district's formula ADM; | 24943 |
| (2) What the district's state base-cost payment would have | 24944 |
| been, as calculated under division (A)(1) of that section prior to | 24945 |
| making the adjustments under divisions (A)(2) and (3) of that | 24946 |
| section, if the scholarship students were not included in the | 24947 |
| district's formula ADM. | 24948 |
| This comparison shall display both the aggregate difference | 24949 |
| between the amounts described in divisions (D)(1) and (2) of this | 24950 |
| section, and the quotient of that aggregate difference divided by | 24951 |
| the number of eligible students for whom deductions are made under | 24952 |
| division (C) of this section. | 24953 |
| Sec. 3310.09. (A) The maximum amount awarded to an eligible | 24954 |
| student in fiscal year 2007 under the educational choice | 24955 |
| scholarship pilot program shall be as follows: | 24956 |
| (1) For grades kindergarten through eight, four thousand two | 24957 |
| hundred fifty dollars; | 24958 |
| (2) For grades nine through twelve, five thousand dollars. | 24960 |
| (B) In fiscal year 2008 and in each fiscal year thereafter, | 24961 |
| the maximum amount awarded under the program shall be the | 24962 |
| applicable maximum amount awarded in the previous fiscal year | 24963 |
| increased by the same percentage by which the general assembly | 24964 |
| increased the formula amount, as defined in section 3317.02 of the | 24965 |
| Revised Code, from the previous fiscal year. | 24966 |
| Sec. 3310.10. A scholarship awarded under section 3310.08 of | 24967 |
| the Revised Code may be used only to pay tuition to any chartered | 24968 |
| nonpublic school. | 24969 |
| Sec. 3310.13. (A) No chartered nonpublic school shall charge | 24970 |
| any student whose family income is at or below two hundred per | 24971 |
| cent of the federal poverty guidelines, as defined in section | 24972 |
| 5101.46 of the Revised Code, a tuition fee that is greater than | 24973 |
| the total amount paid for that student under section 3310.08 of | 24974 |
| the Revised Code. | 24975 |
| (B) A chartered nonpublic school may charge any other student | 24976 |
| who is paid a scholarship under that section the difference | 24977 |
| between the amount of the scholarship and the regular tuition | 24978 |
| charge of the school. Each chartered nonpublic school shall permit | 24979 |
| such an eligible student's family, at the family's option, to | 24980 |
| provide volunteer services in lieu of cash payment to pay all or | 24981 |
| part of the amount of the school's tuition not covered by the | 24982 |
| scholarship paid under section 3310.08 of the Revised Code. | 24983 |
| Sec. 3310.14. Notwithstanding division (K) of section | 24984 |
| 3301.0711 of the Revised Code, each chartered nonpublic school | 24985 |
| that enrolls students awarded scholarships under sections 3310.01 | 24986 |
| to 3310.17 of the Revised Code annually shall administer the tests | 24987 |
| prescribed by section 3301.0710 or 3301.0712 of the Revised Code | 24988 |
| to each scholarship student in accordance with section 3301.0711 | 24989 |
| of the Revised Code. Each chartered nonpublic school shall report | 24990 |
| to the department of education the results of each test | 24991 |
| administered to each scholarship student under this section. | 24992 |
| Nothing in this section requires a chartered nonpublic school | 24993 |
| to administer any achievement test, except for an Ohio graduation | 24994 |
| test prescribed by division (B) of section 3301.0710 of the | 24995 |
| Revised Code, as required by section 3313.612 of the Revised Code, | 24996 |
| to any student enrolled in the school who is not a scholarship | 24997 |
| student. | 24998 |
| Sec. 3310.16. (A) The state board of education shall adopt | 24999 |
| rules in accordance with Chapter 119. of the Revised Code | 25000 |
| prescribing procedures for the administration of the educational | 25001 |
| choice scholarship pilot program. | 25002 |
| (B) The state board and the department of education shall not | 25003 |
| require chartered nonpublic schools to comply with any education | 25004 |
| laws or rules or other requirements that are not specified in | 25005 |
| sections 3310.01 to 3310.17 of the Revised Code and that otherwise | 25006 |
| would not apply to a chartered nonpublic school. | 25007 |
| Sec. 3310.17. The general assembly shall prescribe the number | 25008 |
| of students that may be selected each fiscal year for scholarships | 25009 |
| under the educational choice scholarship pilot program. | 25010 |
| Sec. 3311.11. If the state board of education adopts a | 25011 |
| resolution under this chapter proposing the creation of a new city | 25012 |
| or local school district that was not in operation during the | 25013 |
| 2004-2005 school year, the district shall not be created unless | 25014 |
| both houses of the general assembly approve the creation of the | 25015 |
| district through passage of a concurrent resolution. | 25016 |
| Sec. 3311.19. (A) The management and control of a joint | 25017 |
| vocational school district shall be vested in the joint vocational | 25018 |
| school district board of education. Where a joint vocational | 25019 |
| school district is composed only of two or more local school | 25020 |
| districts located in one county, or when all the participating | 25021 |
| districts are in one county and the boards of such participating | 25022 |
| districts so choose, the educational service center governing | 25023 |
| board of the county in which the joint vocational school district | 25024 |
| is located shall serve as the joint vocational school district | 25025 |
| board of education. Where a joint vocational school district is | 25026 |
| composed of local school districts of more than one county, or of | 25027 |
| any combination of city, local, or exempted village school | 25028 |
| districts or educational service centers, unless administration by | 25029 |
| the educational service center governing board has been chosen by | 25030 |
| all the participating districts in one county pursuant to this | 25031 |
| section, the board of education of the joint vocational school | 25032 |
| district shall be composed of one or more persons who are members | 25033 |
| of the boards of education from each of the city or exempted | 25034 |
| village school districts or members of the educational service | 25035 |
| centers' governing boards affected to be appointed by the boards | 25036 |
| of education or governing boards of such school districts and | 25037 |
| educational service centers. In such joint vocational school | 25038 |
| districts the number and terms of members of the joint vocational | 25039 |
| school district board of education and the allocation of a given | 25040 |
| number of members to each of the city and exempted village | 25041 |
| districts and educational service centers shall be determined in | 25042 |
| the plan for such district, provided that each such joint | 25043 |
| vocational school district board of education shall be composed of | 25044 |
| an odd number of members. | 25045 |
| (B) Notwithstanding division (A) of this section, a governing | 25046 |
| board of an educational service center that has members of its | 25047 |
| governing board serving on a joint vocational school district | 25048 |
| board of education may make a request to the joint vocational | 25049 |
| district board that the joint vocational school district plan be | 25050 |
| revised to provide for one or more members of boards of education | 25051 |
| of local school districts that are within the territory of the | 25052 |
| educational service district and within the joint vocational | 25053 |
| school district to serve in the place of or in addition to its | 25054 |
| educational service center governing board members. If agreement | 25055 |
| is obtained among a majority of the boards of education and | 25056 |
| governing boards that have a member serving on the joint | 25057 |
| vocational school district board of education and among a majority | 25058 |
| of the local school district boards of education included in the | 25059 |
| district and located within the territory of the educational | 25060 |
| service center whose board requests the substitution or addition, | 25061 |
| the state board of education may revise the joint vocational | 25062 |
| school district plan to conform with such agreement. | 25063 |
| (C) If the board of education of any school district or | 25064 |
| educational service center governing board included within a joint | 25065 |
| vocational district that has had its board or governing board | 25066 |
| membership revised under division (B) of this section requests the | 25067 |
| joint vocational school district board to submit to the state | 25068 |
| board of education a revised plan under which one or more joint | 25069 |
| vocational board members chosen in accordance with a plan revised | 25070 |
| under such division would again be chosen in the manner prescribed | 25071 |
| by division (A) of this section, the joint vocational board shall | 25072 |
| submit the revised plan to the state board of education, provided | 25073 |
| the plan is agreed to by a majority of the boards of education | 25074 |
| represented on the joint vocational board, a majority of the local | 25075 |
| school district boards included within the joint vocational | 25076 |
| district, and each educational service center governing board | 25077 |
| affected by such plan. The state board of education may revise the | 25078 |
| joint vocational school district plan to conform with the revised | 25079 |
| plan. | 25080 |
| (D) The vocational schools in such joint vocational school | 25081 |
| district shall be available to all youth of school age within the | 25082 |
| joint vocational school district subject to the rules adopted by | 25083 |
| the joint vocational school district board of education in regard | 25084 |
| to the standards requisite to admission. A joint vocational school | 25085 |
| district board of education shall have the same powers, duties, | 25086 |
| and authority for the management and operation of such joint | 25087 |
| vocational school district as is granted by law, except by this | 25088 |
| chapter and Chapters 124., 3317., 3323., and 3331. of the Revised | 25089 |
| Code, to a board of education of a city school district, and shall | 25090 |
| be subject to all the provisions of law that apply to a city | 25091 |
| school district, except such provisions in this chapter and | 25092 |
| Chapters 124., 3317., 3323., and 3331. of the Revised Code. | 25093 |
| (E) Where a governing board of an educational service center | 25094 |
| has been designated to serve as the joint vocational school | 25095 |
| district board of education, the educational service center | 25096 |
| superintendent shall be the executive officer for the joint | 25097 |
| vocational school district, and the governing board may provide | 25098 |
| for additional compensation to be paid to the educational service | 25099 |
| center superintendent by the joint vocational school district, but | 25100 |
| the educational service center superintendent shall have no | 25101 |
| continuing tenure other than that of educational service center | 25102 |
| superintendent. The superintendent of schools of a joint | 25103 |
| vocational school district shall exercise the duties and authority | 25104 |
| vested by law in a superintendent of schools pertaining to the | 25105 |
| operation of a school district and the employment and supervision | 25106 |
| of its personnel. The joint vocational school district board of | 25107 |
| education shall appoint a treasurer of the joint vocational school | 25108 |
| district who shall be the fiscal officer for such district and who | 25109 |
| shall have all the powers, duties, and authority vested by law in | 25110 |
| a treasurer of a board of education. Where a governing board of an | 25111 |
| educational service center has been designated to serve as the | 25112 |
| joint vocational school district board of education, such board | 25113 |
| may appoint the educational service center superintendent as the | 25114 |
| treasurer of the joint vocational school district. | 25115 |
| (F) Each member of a joint vocational school district board | 25116 |
| of education may be paid such compensation as the board provides | 25117 |
| by resolution, but it shall not exceed one hundred twenty-five | 25118 |
| dollars per member for each meeting attended plus mileage, at the | 25119 |
| rate per mile provided by resolution of the board, to and from | 25120 |
| meetings of the board. | 25121 |
| The board may provide by resolution for the deduction of | 25122 |
|
amounts payable for benefits under | 25123 |
|
3313.202 of the Revised Code. | 25124 |
| 25125 | |
| 25126 | |
| 25127 | |
| 25128 | |
| 25129 |
| Each member of a joint vocational school district board may | 25130 |
| be paid such compensation as the board provides by resolution for | 25131 |
| attendance at an approved training program, provided that such | 25132 |
| compensation shall not exceed sixty dollars per day for attendance | 25133 |
| at a training program three hours or fewer in length and one | 25134 |
| hundred twenty-five dollars a day for attendance at a training | 25135 |
| program longer than three hours in length. However, no board | 25136 |
| member shall be compensated for the same training program under | 25137 |
| this section and section 3313.12 of the Revised Code. | 25138 |
| Sec. 3313.12. Each member of the educational service center | 25139 |
| governing board may be paid such compensation as the governing | 25140 |
| board provides by resolution, provided that any such compensation | 25141 |
| shall not exceed one hundred twenty-five dollars a day plus | 25142 |
| mileage both ways, at the rate per mile provided by resolution of | 25143 |
| the governing board, for attendance at any meeting of the board. | 25144 |
| Such compensation and the expenses of the educational service | 25145 |
| center superintendent, itemized and verified, shall be paid from | 25146 |
| the educational service center governing board fund upon vouchers | 25147 |
| signed by the president of the governing board. | 25148 |
| The board of education of any city, local, or exempted | 25149 |
| village school district may provide by resolution for compensation | 25150 |
| of its members, provided that such compensation shall not exceed | 25151 |
| one hundred twenty-five dollars per member for meetings attended. | 25152 |
| The board may provide by resolution for the deduction of amounts | 25153 |
|
payable for benefits under | 25154 |
| Revised Code. | 25155 |
| Each member of a district board or educational service center | 25156 |
| governing board may be paid such compensation as the respective | 25157 |
| board provides by resolution for attendance at an approved | 25158 |
| training program, provided that such compensation shall not exceed | 25159 |
| sixty dollars a day for attendance at a training program three | 25160 |
| hours or fewer in length and one hundred twenty-five dollars a day | 25161 |
| for attendance at a training program longer than three hours in | 25162 |
| length. | 25163 |
| Sec. 3313.202. | 25164 |
| 25165 | |
| 25166 | |
| 25167 | |
| 25168 | |
| services | 25169 |
| 25170 | |
| 25171 | |
| the teaching or nonteaching employees of the school district, or a | 25172 |
| combination of both, or the dependent children and spouses of such | 25173 |
| employees, provided if such coverage affects only the teaching | 25174 |
| employees of the district such coverage shall be with the consent | 25175 |
| of a majority of such employees of the school district, or if such | 25176 |
| coverage affects only the nonteaching employees of the district | 25177 |
| such coverage shall be with the consent of a majority of such | 25178 |
| employees. If such coverage is proposed to cover all the employees | 25179 |
| of a school district, both teaching and nonteaching employees, | 25180 |
| such coverage shall be with the consent of a majority of all the | 25181 |
| employees of a school district. A board of education shall | 25182 |
| continue to carry, on payroll records, all school employees whose | 25183 |
| sick leave accumulation has expired, or who are on a disability | 25184 |
| leave of absence or an approved leave of absence, for the purpose | 25185 |
| of group term life | 25186 |
| 25187 | |
| such coverage except when such employees are on an approved leave | 25188 |
| of absence, or on a disability leave of absence for that period | 25189 |
| exceeding two years. As used in this section, "teaching employees" | 25190 |
| means any person employed in the public schools of this state in a | 25191 |
| position for which the person is required to have a certificate or | 25192 |
| license pursuant to sections 3319.22 to 3319.31 of the Revised | 25193 |
| Code. "Nonteaching employees" as used in this section means any | 25194 |
| person employed in the public schools of the state in a position | 25195 |
| for which the person is not required to have a certificate or | 25196 |
| license issued pursuant to sections 3319.22 to 3319.31 of the | 25197 |
| Revised Code. | 25198 |
| | 25199 |
| 25200 | |
| 25201 | |
| 25202 | |
| 25203 | |
| 25204 | |
| 25205 | |
| 25206 | |
| 25207 | |
| 25208 | |
| 25209 | |
| 25210 | |
| 25211 | |
| 25212 | |
| 25213 | |
| 25214 |
| | 25215 |
| 25216 | |
| 25217 | |
| 25218 | |
| 25219 | |
| 25220 | |
| 25221 | |
| 25222 | |
| combination thereof, for employees and their dependents be | 25223 |
| provided through a mutually agreed upon contribution to a jointly | 25224 |
| administered trust fund. The amount, type, and structure of fringe | 25225 |
| benefits provided under this division are subject to the | 25226 |
| determination of the board of trustees of the jointly administered | 25227 |
| trust fund. Notwithstanding any other provision of the Revised | 25228 |
| Code, competitive bidding does not apply to the purchase of fringe | 25229 |
| benefits for employees under this division through a jointly | 25230 |
| administered trust fund. | 25231 |
| | 25232 |
| of a school district and the dependent children and spouse of the | 25233 |
| member may
be covered, at the option of the member, | 25234 |
| 25235 | |
| designed by the school employees health care board under | 25236 |
|
section 9.901 of the Revised Code. The member shall pay | 25237 |
| 25238 | |
| coverage | 25239 |
| for such coverage shall be made, in advance, in a manner | 25240 |
| prescribed by the school employees health care board. The member's | 25241 |
| exercise of an option to be covered under this section shall be in | 25242 |
| writing, announced at a regular public meeting of the board of | 25243 |
| education, and recorded as a public record in the minutes of the | 25244 |
| board. | 25245 |
| | 25246 |
| 25247 |
| | 25248 |
| 25249 | |
| 25250 | |
| 25251 |
| | 25252 |
| 25253 | |
| 25254 | |
| 25255 | |
| 25256 |
| | 25257 |
| 25258 | |
| 25259 | |
| 25260 |
| Sec. 3313.207. As used in sections 3313.207 to 3313.209 of | 25261 |
| the Revised Code: | 25262 |
| (A) "Children" means children who are enrolled in | 25263 |
| kindergarten or who are of compulsory school age. | 25264 |
| (B) "Latchkey program" means a program under which children | 25265 |
| are provided with child care during a fiscal year at any time | 25266 |
| outside of regular school hours. A program that contains any | 25267 |
| religious content, that uses any religious materials, or that in | 25268 |
| any way promotes or furthers any religious beliefs is not a | 25269 |
| latchkey program. | 25270 |
| (C) | 25271 |
| 25272 |
| | 25273 |
| individual, licensed under Chapter 5104. of the Revised Code or | 25274 |
| exempted from the licensing requirements of that chapter. | 25275 |
| | 25276 |
| (1) Space in a building that is owned or controlled by a | 25277 |
| school district and that is used for other school district | 25278 |
| purposes in addition to latchkey programs; | 25279 |
| (2) Utilities furnished in conjunction with such space; | 25280 |
| (3) Transportation to a latchkey program on regular school | 25281 |
| buses. | 25282 |
| Sec. 3313.208. A board of education of a school district or | 25283 |
| the governing board of an educational service center may assess | 25284 |
| the need for latchkey programs in its district or territory and | 25285 |
| determine the best and most efficient manner of providing latchkey | 25286 |
| programs to children residing in the district or territory. Prior | 25287 |
| to operating any latchkey program, making any payments, or | 25288 |
| providing any employees or ancillary services under sections | 25289 |
| 3313.207 to 3313.209 of the
Revised Code, a board | 25290 |
| shall provide notification to parents and other interested parties | 25291 |
| that the board is
considering | 25292 |
| provision of latchkey programs and shall adopt a policy ensuring | 25293 |
| public input on the board's decision whether or not to | 25294 |
| participate, as well as any decisions concerning the district's or | 25295 |
| service center's role in the implementation and funding of any | 25296 |
| latchkey programs if the board does decide to participate. The | 25297 |
| policy shall also include provision for regular, periodic public | 25298 |
| input in the evaluation of any school district or service center | 25299 |
| participation in the provision of latchkey programs. | 25300 |
| A board | 25301 |
| subject to the following limitations: | 25302 |
| (A) The program shall be maintained and operated and pupils | 25303 |
| shall be admitted pursuant to rules adopted by the board; | 25304 |
| (B) Fees or tuition, in amounts determined by the board, may | 25305 |
| be charged for participation in the program and shall be deposited | 25306 |
| in a special fund | 25307 |
| | 25308 |
| 25309 |
| | 25310 |
| 25311 | |
| 25312 | |
| 25313 |
| | 25314 |
| 25315 | |
| 25316 |
| Sec. 3313.209. (A) A board of education of a school district | 25317 |
| that does not | 25318 |
| ancillary services to and may make payments to any program | 25319 |
| provider that operates a latchkey program that enrolls one or more | 25320 |
| children who are residents of the school district. | 25321 |
| (B) A board of education of a school district that does not | 25322 |
| 25323 | |
| under division (A) of this section may furnish to any person or | 25324 |
| entity that operates a latchkey program ancillary services or | 25325 |
| employees for use solely in conjunction with the program's | 25326 |
| operation. | 25327 |
| (C) | 25328 |
| 25329 | |
| 25330 |
| | 25331 |
| 25332 | |
| 25333 | |
| 25334 |
| | 25335 |
| 25336 | |
| 25337 | |
| 25338 |
| | 25339 |
| program provider as a condition for making any payments or | 25340 |
| furnishing any ancillary services or employees authorized by | 25341 |
| division (A) or (B) of this section. | 25342 |
| Sec. 3313.33. (A) Conveyances made by a board of education | 25343 |
| shall be executed by the president and treasurer thereof. | 25344 |
| (B) Except as provided in division (C) of this section, no | 25345 |
| member of the board shall have, directly or indirectly, any | 25346 |
| pecuniary interest in any contract of the board or be employed in | 25347 |
| any manner for compensation by the board of which the person is a | 25348 |
| member. No contract shall be binding upon any board unless it is | 25349 |
| made or authorized at a regular or special meeting of such board. | 25350 |
| (C) A member of the board may have a pecuniary interest in a | 25351 |
| contract of the board if all of the following apply: | 25352 |
| (1) The member's pecuniary interest in that contract is that | 25353 |
| the member is employed by a political subdivision, | 25354 |
| instrumentality, or agency of the state that is contracting with | 25355 |
| the board; | 25356 |
| (2) The member does not participate in any discussion or | 25357 |
| debate regarding the contract or vote on the contract; | 25358 |
| (3) The member files with the school district treasurer an | 25359 |
| affidavit stating the member's exact employment status with the | 25360 |
| political subdivision, instrumentality, or agency contracting with | 25361 |
| the board. | 25362 |
| (D) This section does not apply where a member of the board, | 25363 |
| being a shareholder of a corporation but not being an officer or | 25364 |
| director thereof, owns not in excess of five per cent of the stock | 25365 |
| of such corporation. If a stockholder desires to avail self of the | 25366 |
| exception, before entering upon such contract such person shall | 25367 |
| first file with the treasurer an affidavit stating the | 25368 |
| stockholder's exact status and connection with said corporation. | 25369 |
| This section does not apply where a member of the board | 25370 |
|
elects to be covered by a | 25371 |
| 25372 | |
| Code. | 25373 |
| Sec. 3313.489. (A) The superintendent of public instruction | 25374 |
| shall examine each | 25375 |
| five-year projection of revenues and expenditures submitted under | 25376 |
| section 5705.391 of the Revised Code and shall determine whether | 25377 |
| the information contained therein, together with any other | 25378 |
| relevant information, indicates that the district may be | 25379 |
| financially unable to operate its instructional program on all | 25380 |
| days set forth in its adopted school calendars and pay all | 25381 |
| obligated expenses during the current fiscal year. If a board of | 25382 |
| education has not adopted a school calendar for the school year | 25383 |
| beginning on the first day of July of the current fiscal year at | 25384 |
| the time an examination is required under this division, the | 25385 |
| superintendent shall examine the | 25386 |
| 25387 | |
| may be financially unable to pay all obligated expenses and | 25388 |
| operate its instructional program for the number of days on which | 25389 |
| instruction was held in the preceding fiscal year. | 25390 |
| (B) If the superintendent of public instruction determines | 25391 |
| pursuant to division (A) of this section that a school district | 25392 |
| may be financially unable to operate its instructional program on | 25393 |
| all days required by such division and pay all obligated expenses | 25394 |
| during the current fiscal year, the superintendent shall provide | 25395 |
| written notification of such determination to the president of the | 25396 |
| district's board of education and the auditor of state. | 25397 |
| (C) This section does not apply to a school district declared | 25398 |
| to be under a fiscal emergency pursuant to division (B) of section | 25399 |
| 3316.03 of the Revised Code. | 25400 |
| Sec. 3313.6410. This section applies to any school that is | 25401 |
| operated by a school district and in which the enrolled students | 25402 |
| work primarily on assignments in nonclassroom-based learning | 25403 |
| opportunities provided via an internet- or other computer-based | 25404 |
| instructional method. | 25405 |
| (A) Any school to which this section applies shall withdraw | 25406 |
| from the school any student who, for two consecutive school years, | 25407 |
| has failed to participate in the spring administration of any test | 25408 |
| prescribed under section 3301.0710 or 3301.0712 of the Revised | 25409 |
| Code for the student's grade level and was not excused from the | 25410 |
| test pursuant to division (C)(1) or (3) of section 3301.0711 of | 25411 |
| the Revised Code. The school shall report any such student's data | 25412 |
| verification code, as assigned pursuant to section 3301.0714 of | 25413 |
| the Revised Code, to the department of education to be added to | 25414 |
| the list maintained by the department under section 3314.26 of the | 25415 |
| Revised Code. | 25416 |
| (B) No school to which this section applies shall receive any | 25417 |
| state funds under Chapter 3317. of the Revised Code for any | 25418 |
| enrolled student whose data verification code appears on the list | 25419 |
| maintained by the department under section 3314.26 of the Revised | 25420 |
| Code. Notwithstanding any provision of the Revised Code to the | 25421 |
| contrary, the parent of any such student shall pay tuition to the | 25422 |
| school district that operates the school in an amount equal to the | 25423 |
| state funds the district otherwise would receive for that student, | 25424 |
| as determined by the department. A school to which this section | 25425 |
| applies may withdraw any student for whom the parent does not pay | 25426 |
| tuition as required by this division. | 25427 |
| Sec. 3313.975. As used in this section and in sections | 25428 |
| 3313.975 to 3313.979 of the Revised Code, "the pilot project | 25429 |
| school district" or "the district" means any school district | 25430 |
| included in the pilot project scholarship program pursuant to this | 25431 |
| section. | 25432 |
| (A) The superintendent of public instruction shall establish | 25433 |
| a pilot project scholarship program and shall include in such | 25434 |
| program any school districts that are or have ever been under | 25435 |
| federal court order requiring supervision and operational | 25436 |
| management of the district by the state superintendent. The | 25437 |
| program shall provide for a number of students residing in any | 25438 |
| such district to receive scholarships to attend alternative | 25439 |
| schools, and for an equal number of students to receive tutorial | 25440 |
| assistance grants while attending public school in any such | 25441 |
| district. | 25442 |
| (B) The state superintendent shall establish an application | 25443 |
| process and deadline for accepting applications from students | 25444 |
| residing in the district to participate in the scholarship | 25445 |
| program. In the initial year of the program students may only use | 25446 |
| a scholarship to attend school in grades kindergarten through | 25447 |
| third. | 25448 |
| The state superintendent shall award as many scholarships and | 25449 |
| tutorial assistance grants as can be funded given the amount | 25450 |
| appropriated for the program. In no case, however, shall more than | 25451 |
| fifty per cent of all scholarships awarded be used by students who | 25452 |
| were enrolled in a nonpublic school during the school year of | 25453 |
| application for a scholarship. | 25454 |
| (C)(1) The pilot project program shall continue in effect | 25455 |
| each year that the general assembly has appropriated sufficient | 25456 |
| money to fund scholarships and tutorial assistance grants. In each | 25457 |
| year the program continues, no new students may receive | 25458 |
| scholarships unless they are enrolled in | 25459 |
|
kindergarten | 25460 |
| who has received a scholarship the preceding year may continue to | 25461 |
| receive
one until the student has completed grade | 25462 |
| Beginning in the | 25463 |
| previously has received a scholarship may receive a scholarship in | 25464 |
| grade | 25465 |
| year, a student who previously has received a scholarship may | 25466 |
| receive a scholarship in grade | 25467 |
| (2) If the general assembly discontinues the scholarship | 25468 |
| program, all students who are attending an alternative school | 25469 |
| under the pilot project shall be entitled to continued admittance | 25470 |
| to that specific school through
all grades | 25471 |
| that are provided in such school, under the same conditions as | 25472 |
| when they were participating in the pilot project. The state | 25473 |
| superintendent shall continue to make scholarship payments in | 25474 |
| accordance with division (A) or (B) of section 3313.979 of the | 25475 |
| Revised Code for students who remain enrolled in an alternative | 25476 |
| school under this provision in any year that funds have been | 25477 |
| appropriated for this purpose. | 25478 |
| If funds are not appropriated, the tuition charged to the | 25479 |
| parents of a student who remains enrolled in an alternative school | 25480 |
| under this provision shall not be increased beyond the amount | 25481 |
| equal to the amount of the scholarship plus any additional amount | 25482 |
| charged that student's parent in the most recent year of | 25483 |
| attendance as a participant in the pilot project, except that | 25484 |
| tuition for all the students enrolled in such school may be | 25485 |
| increased by the same percentage. | 25486 |
| (D) Notwithstanding sections 124.39, 3307.54, and 3319.17 of | 25487 |
| the Revised Code, if the pilot project school district experiences | 25488 |
| a decrease in enrollment due to participation in a state-sponsored | 25489 |
| scholarship program pursuant to sections 3313.974 to 3313.979 of | 25490 |
| the Revised Code, the district board of education may enter into | 25491 |
| an agreement with any teacher it employs to provide to that | 25492 |
| teacher severance pay or early retirement incentives, or both, if | 25493 |
| the teacher agrees to terminate the employment contract with the | 25494 |
| district board, provided any collective bargaining agreement in | 25495 |
| force pursuant to Chapter 4117. of the Revised Code does not | 25496 |
| prohibit such an agreement for termination of a teacher's | 25497 |
| employment contract. | 25498 |
| Sec. 3313.976. (A) No private school may receive scholarship | 25499 |
| payments from parents pursuant to section 3313.979 of the Revised | 25500 |
| Code until the chief administrator of the private school registers | 25501 |
| the school with the superintendent of public instruction. The | 25502 |
| state superintendent shall register any school that meets the | 25503 |
| following requirements: | 25504 |
| (1) The school is located within the boundaries of the pilot | 25505 |
| project school district; | 25506 |
| (2) The school indicates in writing its commitment to follow | 25507 |
| all requirements for a state-sponsored scholarship program | 25508 |
| specified under sections 3313.974 to 3313.979 of the Revised Code, | 25509 |
| including, but not limited to, the requirements for admitting | 25510 |
| students pursuant to section 3313.977 of the Revised Code; | 25511 |
| (3) The school meets all state minimum standards for | 25512 |
| chartered nonpublic schools in effect on July 1, 1992, except that | 25513 |
| the state superintendent at the superintendent's discretion may | 25514 |
| register nonchartered nonpublic schools meeting the other | 25515 |
| requirements of this division; | 25516 |
| (4) The school does not discriminate on the basis of race, | 25517 |
| religion, or ethnic background; | 25518 |
| (5) The school enrolls a minimum of ten students per class or | 25519 |
| a sum of at least twenty-five students in all the classes offered; | 25520 |
| (6) The school does not advocate or foster unlawful behavior | 25521 |
| or teach hatred of any person or group on the basis of race, | 25522 |
| ethnicity, national origin, or religion; | 25523 |
| (7) The school does not provide false or misleading | 25524 |
| information about the school to parents, students, or the general | 25525 |
| public; | 25526 |
| (8) For students in grades kindergarten through eight, the | 25527 |
| school agrees not to charge any tuition to low-income families | 25528 |
| receiving ninety per cent of the scholarship amount through the | 25529 |
| scholarship program, pursuant to division (A) of section 3313.978 | 25530 |
| of the Revised Code, in excess of ten per cent of the scholarship | 25531 |
| amount established pursuant to division (C)(1) of section 3313.978 | 25532 |
| of the Revised Code, excluding any increase described in division | 25533 |
| (C)(2) of that section. The school shall permit any such tuition, | 25534 |
| at the discretion of the parent, to be satisfied by the low-income | 25535 |
| family's provision of in-kind contributions or services. | 25536 |
| (9) For students in grades kindergarten through eight, the | 25537 |
| school agrees not to charge any tuition to low-income families | 25538 |
| receiving a seventy-five per cent scholarship amount through the | 25539 |
| scholarship program, pursuant to division (A) of section 3313.978 | 25540 |
| of the Revised Code, in excess of the difference between the | 25541 |
| actual tuition charge of the school and seventy-five per cent of | 25542 |
| the scholarship amount established pursuant to division (C)(1) of | 25543 |
| section 3313.978 of the Revised Code, excluding any increase | 25544 |
| described in division (C)(2) of that section. The school shall | 25545 |
| permit such tuition, at the discretion of the parent, to be | 25546 |
| satisfied by the low-income family's provision of in-kind | 25547 |
| contributions or services. | 25548 |
| (10) The school agrees not to charge any tuition to families | 25549 |
| of students in grades nine | 25550 |
| scholarship in excess of the actual tuition charge of the school | 25551 |
| less seventy-five or ninety per cent of the scholarship amount | 25552 |
| established pursuant to division (C)(1) of section 3313.978 of the | 25553 |
| Revised Code, as applicable, excluding any increase described in | 25554 |
| division (C)(2) of that section. | 25555 |
| (B) The state superintendent shall revoke the registration of | 25556 |
| any school if, after a hearing, the superintendent determines that | 25557 |
| the school is in violation of any of the provisions of division | 25558 |
| (A) of this section. | 25559 |
| (C) Any public school located in a school district adjacent | 25560 |
| to the pilot project district may receive scholarship payments on | 25561 |
| behalf of parents pursuant to section 3313.979 of the Revised Code | 25562 |
| if the superintendent of the district in which such public school | 25563 |
| is located notifies the state superintendent prior to the first | 25564 |
| day of March that the district intends to admit students from the | 25565 |
| pilot project district for the ensuing school year pursuant to | 25566 |
| section 3327.06 of the Revised Code. | 25567 |
| (D) Any parent wishing to purchase tutorial assistance from | 25568 |
| any person or governmental entity pursuant to the pilot project | 25569 |
| program under sections 3313.974 to 3313.979 of the Revised Code | 25570 |
| shall apply to the state superintendent. The state superintendent | 25571 |
| shall approve providers who appear to possess the capability of | 25572 |
| furnishing the instructional services they are offering to | 25573 |
| provide. | 25574 |
| Sec. 3313.977. (A)(1) Each registered private school shall | 25575 |
| admit students to kindergarten and first, second, and third grades | 25576 |
| in accordance with the following priorities: | 25577 |
| (a) Students who were enrolled in the school during the | 25578 |
| preceding year; | 25579 |
| (b) Siblings of students enrolled in the school during the | 25580 |
| preceding year, at the discretion of the school; | 25581 |
| (c) Children from low-income families attending school or | 25582 |
| residing in the school district in which the school is located | 25583 |
| until the number of such students in each grade equals the number | 25584 |
| that constituted twenty per cent of the total number of students | 25585 |
| enrolled in the school during the preceding year in such grade. | 25586 |
| Admission of such twenty per cent shall be by lot from among all | 25587 |
| low-income family applicants who apply prior to the fifteenth day | 25588 |
| of February prior to admission. | 25589 |
| (d) All other applicants residing anywhere, provided that all | 25590 |
| remaining available spaces shall be filled from among such | 25591 |
| applicants by lot. | 25592 |
| Children from low-income families not selected by lot under | 25593 |
| division (A)(1)(c) of this section shall be included in the | 25594 |
| lottery of all remaining applicants pursuant to division (A)(1)(d) | 25595 |
| of this section. | 25596 |
| (2) Each registered private school shall first admit to | 25597 |
| grades four
through | 25598 |
| school during the preceding year. Any remaining spaces for | 25599 |
| students in these grades may be filled as determined by the | 25600 |
| school. | 25601 |
| (B) Notwithstanding division (A) of this section, except | 25602 |
| where otherwise prohibited by federal law, a registered private | 25603 |
| school may elect to admit students of only one gender and may deny | 25604 |
| admission to any separately educated handicapped student. | 25605 |
| (C) If a scholarship student who has been accepted in | 25606 |
| accordance with this section fails to enroll in the school for any | 25607 |
| reason or withdraws from the school during the school year for any | 25608 |
| reason, the school may elect to replace such student with another | 25609 |
| scholarship student only by first offering the admission to any | 25610 |
| low-income scholarship students who filed applications by the | 25611 |
| preceding fifteenth day of February and who were not accepted at | 25612 |
| that time due to space limitations. | 25613 |
| Sec. 3313.978. (A) Annually by the first day of November, | 25614 |
| the superintendent of public instruction shall notify the pilot | 25615 |
| project school district of the number of initial scholarships that | 25616 |
| the state superintendent will be awarding in each of grades | 25617 |
|
kindergarten through | 25618 |
| The state superintendent shall provide information about the | 25619 |
| scholarship program to all students residing in the district, | 25620 |
| shall accept applications from any such students until such date | 25621 |
| as shall be established by the state superintendent as a deadline | 25622 |
| for applications, and shall establish criteria for the selection | 25623 |
| of students to receive scholarships from among all those applying | 25624 |
| prior to the deadline, which criteria shall give preference to | 25625 |
| students from low-income families. For each student selected, the | 25626 |
| state superintendent shall also determine whether the student | 25627 |
| qualifies for seventy-five or ninety per cent of the scholarship | 25628 |
| amount. Students whose family income is at or above two hundred | 25629 |
| per cent of the maximum income level established by the state | 25630 |
| superintendent for low-income families shall qualify for | 25631 |
| seventy-five per cent of the scholarship amount and students whose | 25632 |
| family income is below two hundred per cent of that maximum income | 25633 |
| level shall qualify for ninety per cent of the scholarship amount. | 25634 |
| The state superintendent shall notify students of their selection | 25635 |
| prior to the fifteenth day of January and whether they qualify for | 25636 |
| seventy-five or ninety per cent of the scholarship amount. | 25637 |
| (1) A student receiving a pilot project scholarship may | 25638 |
| utilize it at an alternative public school by notifying the | 25639 |
| district superintendent, at any time before the beginning of the | 25640 |
| school year, of the name of the public school in an adjacent | 25641 |
| school district to which the student has been accepted pursuant to | 25642 |
| section 3327.06 of the Revised Code. | 25643 |
| (2) A student may decide to utilize a pilot project | 25644 |
| scholarship at a registered private school in the district if all | 25645 |
| of the following conditions are met: | 25646 |
| (a) By the fifteenth day of February of the preceding school | 25647 |
| year, or at any time prior to the start of the school year, the | 25648 |
| parent makes an application on behalf of the student to a | 25649 |
| registered private school. | 25650 |
| (b) The registered private school notifies the parent and the | 25651 |
| state superintendent as follows that the student has been | 25652 |
| admitted: | 25653 |
| (i) By the fifteenth day of March of the preceding school | 25654 |
| year if the student filed an application by the fifteenth day of | 25655 |
| February and was admitted by the school pursuant to division (A) | 25656 |
| of section 3313.977 of the Revised Code; | 25657 |
| (ii) Within one week of the decision to admit the student if | 25658 |
| the student is admitted pursuant to division (C) of section | 25659 |
| 3313.977 of the Revised Code. | 25660 |
| (c) The student actually enrolls in the registered private | 25661 |
| school to which the student was first admitted or in another | 25662 |
| registered private school in the district or in a public school in | 25663 |
| an adjacent school district. | 25664 |
| (B) The state superintendent shall also award in any school | 25665 |
| year tutorial assistance grants to a number of students equal to | 25666 |
| the number of students who receive scholarships under division (A) | 25667 |
| of this section. Tutorial assistance grants shall be awarded | 25668 |
| solely to students who are enrolled in the public schools of the | 25669 |
| district in a grade level covered by the pilot project. Tutorial | 25670 |
| assistance grants may be used solely to obtain tutorial assistance | 25671 |
| from a provider approved pursuant to division (D) of section | 25672 |
| 3313.976 of the Revised Code. | 25673 |
| All students wishing to obtain tutorial assistance grants | 25674 |
| shall make application to the state superintendent by the first | 25675 |
| day of the school year in which the assistance will be used. The | 25676 |
| state superintendent shall award assistance grants in accordance | 25677 |
| with criteria the superintendent shall establish. For each student | 25678 |
| awarded a grant, the state superintendent shall also determine | 25679 |
| whether the student qualifies for seventy-five or ninety per cent | 25680 |
| of the grant amount and so notify the student. Students whose | 25681 |
| family income is at or above two hundred per cent of the maximum | 25682 |
| income level established by the state superintendent for | 25683 |
| low-income families shall qualify for seventy-five per cent of the | 25684 |
| grant amount and students whose family income is below two hundred | 25685 |
| per cent of that maximum income level shall qualify for ninety per | 25686 |
| cent of the grant amount. | 25687 |
| (C)(1) In the case of basic scholarships for students in | 25688 |
| grades kindergarten through eight, the scholarship amount shall | 25689 |
| not exceed the lesser of the tuition charges of the alternative | 25690 |
| school the scholarship recipient
attends or | 25691 |
| 25692 | |
| dollars before fiscal year 2007 and three thousand four hundred | 25693 |
| fifty dollars in fiscal year 2007 and thereafter. | 25694 |
| In the case of basic scholarships for students in grades nine | 25695 |
| 25696 | |
| the lesser of the tuition charges of the alternative school the | 25697 |
| scholarship recipient attends or | 25698 |
| 25699 | |
| dollars before fiscal year 2007 and three thousand four hundred | 25700 |
| fifty dollars in fiscal year 2007 and thereafter. | 25701 |
| (2) The state superintendent shall provide for an increase in | 25702 |
| the basic scholarship amount in the case of any student who is a | 25703 |
| mainstreamed handicapped student and shall further increase such | 25704 |
| amount in the case of any separately educated handicapped child. | 25705 |
| Such increases shall take into account the instruction, related | 25706 |
| services, and transportation costs of educating such students. | 25707 |
| (3) In the case of tutorial assistance grants, the grant | 25708 |
| amount shall not exceed the lesser of the provider's actual | 25709 |
|
charges for such assistance or | 25710 |
| (a) Before fiscal year 2007, a percentage established by the | 25711 |
| state superintendent, not to exceed twenty per cent, of the amount | 25712 |
| of the pilot project school district's average basic scholarship | 25713 |
| amount; | 25714 |
| (b) In fiscal year 2007 and thereafter, four hundred dollars. | 25715 |
| (4) No scholarship or tutorial assistance grant shall be | 25716 |
| awarded unless the state superintendent determines that | 25717 |
| twenty-five or ten per cent, as applicable, of the amount | 25718 |
| specified for such scholarship or grant pursuant to division | 25719 |
| (C)(1), (2), or (3) of this section will be furnished by a | 25720 |
| political subdivision, a private nonprofit or for profit entity, | 25721 |
| or another person. Only seventy-five or ninety per cent of such | 25722 |
| amounts, as applicable, shall be paid from state funds pursuant to | 25723 |
| section 3313.979 of the Revised Code. | 25724 |
| (D)(1) Annually by the first day of November, the state | 25725 |
| superintendent shall estimate the maximum per-pupil scholarship | 25726 |
| amounts for the ensuing school year. The state superintendent | 25727 |
| shall make this estimate available to the general public at the | 25728 |
| offices of the district board of education together with the forms | 25729 |
| required by division (D)(2) of this section. | 25730 |
| (2) Annually by the fifteenth day of January, the chief | 25731 |
| administrator of each registered private school located in the | 25732 |
| pilot project district and the principal of each public school in | 25733 |
| such district shall complete a parental information form and | 25734 |
| forward it to the president of the board of education. The | 25735 |
| parental information form shall be prescribed by the department of | 25736 |
| education and shall provide information about the grade levels | 25737 |
| offered, the numbers of students, tuition amounts, achievement | 25738 |
| test results, and any sectarian or other organizational | 25739 |
| affiliations. | 25740 |
| Sec. 3313.98. Notwithstanding division (D) of section | 25741 |
| 3311.19 and division (D) of section 3311.52 of the Revised Code, | 25742 |
| the provisions of this section and sections 3313.981 to 3313.983 | 25743 |
| of the Revised Code that apply to a city school district do not | 25744 |
| apply to a joint vocational or cooperative education school | 25745 |
| district unless expressly specified. | 25746 |
| (A) As used in this section and sections 3313.981 to 3313.983 | 25747 |
| of the Revised Code: | 25748 |
| (1) "Parent" means either of the natural or adoptive parents | 25749 |
| of a student, except under the following conditions: | 25750 |
| (a) When the marriage of the natural or adoptive parents of | 25751 |
| the student has been terminated by a divorce, dissolution of | 25752 |
| marriage, or annulment or the natural or adoptive parents of the | 25753 |
| student are living separate and apart under a legal separation | 25754 |
| decree and the court has issued an order allocating the parental | 25755 |
| rights and responsibilities with respect to the student, "parent" | 25756 |
| means the residential parent as designated by the court except | 25757 |
| that "parent" means either parent when the court issues a shared | 25758 |
| parenting decree. | 25759 |
| (b) When a court has granted temporary or permanent custody | 25760 |
| of the student to an individual or agency other than either of the | 25761 |
| natural or adoptive parents of the student, "parent" means the | 25762 |
| legal custodian of the child. | 25763 |
| (c) When a court has appointed a guardian for the student, | 25764 |
| "parent" means the guardian of the student. | 25765 |
| (2) "Native student" means a student entitled under section | 25766 |
| 3313.64 or 3313.65 of the Revised Code to attend school in a | 25767 |
| district adopting a resolution under this section. | 25768 |
| (3) "Adjacent district" means a city, exempted village, or | 25769 |
| local school district having territory that abuts the territory of | 25770 |
| a district adopting a resolution under this section. | 25771 |
| (4) "Adjacent district student" means a student entitled | 25772 |
| under section 3313.64 or 3313.65 of the Revised Code to attend | 25773 |
| school in an adjacent district. | 25774 |
| (5) "Adjacent district joint vocational student" means an | 25775 |
| adjacent district student who enrolls in a city, exempted village, | 25776 |
| or local school district pursuant to this section and who also | 25777 |
| enrolls in a joint vocational school district that does not | 25778 |
| contain the territory of the district for which that student is a | 25779 |
| native student and does contain the territory of the city, | 25780 |
| exempted village, or local district in which the student enrolls. | 25781 |
| (6) "Formula amount" has the same meaning as in section | 25782 |
| 3317.02 of the Revised Code. | 25783 |
| (7) "Adjusted formula amount" means the greater of the | 25784 |
| following: | 25785 |
| (a) The fiscal year 2005 formula amount multiplied by the | 25786 |
| fiscal year 2005 cost-of-doing-business factor for a district | 25787 |
| defined in the version of section 3317.02 of the Revised Code in | 25788 |
| effect that year; | 25789 |
| (b) The sum of (the current formula amount times the current | 25790 |
| cost-of-doing-business factor as defined in section 3317.02 of the | 25791 |
| Revised Code) plus the per pupil amount of the base funding | 25792 |
| supplements specified in divisions (C)(1) to (4) of section | 25793 |
| 3317.012 of the Revised Code. | 25794 |
| (8) "Poverty line" means the poverty line established by the | 25795 |
| director of the United States office of management and budget as | 25796 |
| revised by the director of the office of community services in | 25797 |
| accordance with section 673(2) of the "Community Services Block | 25798 |
| Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended. | 25799 |
| (9) "IEP" means an individualized education program defined | 25800 |
| by division (E) of section 3323.01 of the Revised Code. | 25801 |
| (10) "Other district" means a city, exempted village, or | 25802 |
| local school district having territory outside of the territory of | 25803 |
| a district adopting a resolution under this section. | 25804 |
| (11) "Other district student" means a student entitled under | 25805 |
| section 3313.64 or 3313.65 of the Revised Code to attend school in | 25806 |
| an other district. | 25807 |
| (12) "Other district joint vocational student" means a | 25808 |
| student who is enrolled in any city, exempted village, or local | 25809 |
| school district and who also enrolls in a joint vocational school | 25810 |
| district that does not contain the territory of the district for | 25811 |
| which that student is a native student in accordance with a policy | 25812 |
| adopted under section 3313.983 of the Revised Code. | 25813 |
| (B)(1) The board of education of each city, local, and | 25814 |
| exempted village school district shall adopt a resolution | 25815 |
| establishing for the school district one of the following | 25816 |
| policies: | 25817 |
| (a) A policy that entirely prohibits the enrollment of | 25818 |
| students from adjacent districts or other districts, other than | 25819 |
| students for whom tuition is paid in accordance with section | 25820 |
| 3317.08 of the Revised Code; | 25821 |
| (b) A policy that permits enrollment of students from all | 25822 |
| adjacent districts in accordance with policy statements contained | 25823 |
| in the resolution; | 25824 |
| (c) A policy that permits enrollment of students from all | 25825 |
| other districts in accordance with policy statements contained in | 25826 |
| the resolution. | 25827 |
| (2) A policy permitting enrollment of students from adjacent | 25828 |
| or from other districts, as applicable, shall provide for all of | 25829 |
| the following: | 25830 |
| (a) Application procedures, including deadlines for | 25831 |
| application and for notification of students and the | 25832 |
| superintendent of the applicable district whenever an adjacent or | 25833 |
| other district student's application is approved. | 25834 |
| (b) Procedures for admitting adjacent or other district | 25835 |
| applicants free of any tuition obligation to the district's | 25836 |
| schools, including, but not limited to: | 25837 |
| (i) The establishment of district capacity limits by grade | 25838 |
| level, school building, and education program; | 25839 |
| (ii) A requirement that all native students wishing to be | 25840 |
| enrolled in the district will be enrolled and that any adjacent or | 25841 |
| other district students previously enrolled in the district shall | 25842 |
| receive preference over first-time applicants; | 25843 |
| (iii) Procedures to ensure that an appropriate racial balance | 25844 |
| is maintained in the district schools. | 25845 |
| (C) Except as provided in section 3313.982 of the Revised | 25846 |
| Code, the procedures for admitting adjacent or other district | 25847 |
| students, as applicable, shall not include: | 25848 |
| (1) Any requirement of academic ability, or any level of | 25849 |
| athletic, artistic, or other extracurricular skills; | 25850 |
| (2) Limitations on admitting applicants because of | 25851 |
| handicapping conditions, except that a board may refuse to admit a | 25852 |
| student receiving services under Chapter 3323. of the Revised | 25853 |
| Code, if the services described in the student's IEP are not | 25854 |
| available in the district's schools; | 25855 |
| (3) A requirement that the student be proficient in the | 25856 |
| English language; | 25857 |
| (4) Rejection of any applicant because the student has been | 25858 |
| subject to disciplinary proceedings, except that if an applicant | 25859 |
| has been suspended or expelled by the student's district for ten | 25860 |
| consecutive days or more in the term for which admission is sought | 25861 |
| or in the term immediately preceding the term for which admission | 25862 |
| is sought, the procedures may include a provision denying | 25863 |
| admission of such applicant. | 25864 |
| (D)(1) Each school board permitting only enrollment of | 25865 |
| adjacent district students shall provide information about the | 25866 |
| policy adopted under this section, including the application | 25867 |
| procedures and deadlines, to the superintendent and the board of | 25868 |
| education of each adjacent district and, upon request, to the | 25869 |
| parent of any adjacent district student. | 25870 |
| (2) Each school board permitting enrollment of other district | 25871 |
| students shall provide information about the policy adopted under | 25872 |
| this section, including the application procedures and deadlines, | 25873 |
| upon request, to the board of education of any other school | 25874 |
| district or to the parent of any student anywhere in the state. | 25875 |
| (E) Any school board shall accept all credits toward | 25876 |
| graduation earned in adjacent or other district schools by an | 25877 |
| adjacent or other district student or a native student. | 25878 |
| (F)(1) No board of education may adopt a policy discouraging | 25879 |
| or prohibiting its native students from applying to enroll in the | 25880 |
| schools of an adjacent or any other district that has adopted a | 25881 |
| policy permitting such enrollment, except that: | 25882 |
| (a) A district may object to the enrollment of a native | 25883 |
| student in an adjacent or other district in order to maintain an | 25884 |
| appropriate racial balance. | 25885 |
| (b) The board of education of a district receiving funds | 25886 |
| under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended, | 25887 |
| may adopt a resolution objecting to the enrollment of its native | 25888 |
| students in adjacent or other districts if at least ten per cent | 25889 |
| of its students are included in the determination of the United | 25890 |
| States secretary of education made under section 20 U.S.C.A. | 25891 |
| 238(a). | 25892 |
| (2) If a board objects to enrollment of native students under | 25893 |
| this division, any adjacent or other district shall refuse to | 25894 |
| enroll such native students unless tuition is paid for the | 25895 |
| students in accordance with section 3317.08 of the Revised Code. | 25896 |
| An adjacent or other district enrolling such students may not | 25897 |
| receive funding for those students in accordance with section | 25898 |
| 3313.981 of the Revised Code. | 25899 |
| (G) The state board of education shall monitor school | 25900 |
| districts to ensure compliance with this section and the | 25901 |
| districts' policies. The board may adopt rules requiring uniform | 25902 |
| application procedures, deadlines for application, notification | 25903 |
| procedures, and record-keeping requirements for all school boards | 25904 |
| that adopt policies permitting the enrollment of adjacent or other | 25905 |
| district students, as applicable. If the state board adopts such | 25906 |
| rules, no school board shall adopt a policy that conflicts with | 25907 |
| those rules. | 25908 |
| (H) A resolution adopted by a board of education under this | 25909 |
| section that entirely prohibits the enrollment of students from | 25910 |
| adjacent and from other school districts does not abrogate any | 25911 |
| agreement entered into under section 3313.841 or 3313.92 of the | 25912 |
| Revised Code or any contract entered into under section 3313.90 of | 25913 |
| the Revised Code between the board of education adopting the | 25914 |
| resolution and the board of education of any adjacent or other | 25915 |
| district or prohibit these boards of education from entering into | 25916 |
| any such agreement or contract. | 25917 |
| (I) Nothing in this section shall be construed to permit or | 25918 |
| require the board of education of a city, exempted village, or | 25919 |
| local school district to exclude any native student of the | 25920 |
| district from enrolling in the district. | 25921 |
| Sec. 3314.013. (A)(1) Until July 1, 2000, no more than | 25922 |
| seventy-five contracts between start-up schools and the state | 25923 |
| board of education may be in effect outside the pilot project area | 25924 |
| at any time under this chapter. | 25925 |
| (2) After July 1, 2000, and until July 1, 2001, no more than | 25926 |
| one hundred twenty-five contracts between start-up schools and the | 25927 |
| state board of education may be in effect outside the pilot | 25928 |
| project area at any time under this chapter. | 25929 |
| (3) This division applies only to contracts between start-up | 25930 |
| schools and the state board of education and contracts between | 25931 |
| start-up schools and entities described in divisions (C)(1)(b) to | 25932 |
| (f) of section 3314.02 of the Revised Code. | 25933 |
| Until July 1, 2005, not more than two hundred twenty-five | 25934 |
| contracts to which this division applies may be in effect at any | 25935 |
| time under this chapter. | 25936 |
| (4) This division applies only to contracts between start-up | 25937 |
| schools and entities described in divisions (C)(1)(b) to (f) of | 25938 |
| section 3314.02 of the Revised Code. | 25939 |
| Except as otherwise provided in section 3314.014 of the | 25940 |
| Revised Code, after July 1, 2005, and until July 1, 2007, the | 25941 |
| number of contracts to which this division applies in effect at | 25942 |
| any time under this chapter shall be not more than thirty plus the | 25943 |
| number of such contracts with schools that were open for operation | 25944 |
| as of May 1, 2005. | 25945 |
| (5) This division applies only to contracts between a | 25946 |
| conversion school that is an internet- or computer-based community | 25947 |
| school or a start-up school and the board of education of the | 25948 |
| school district in which the school is or is proposed to be | 25949 |
| located. | 25950 |
| Except as otherwise provided in section 3314.014 of the | 25951 |
| Revised Code, until July 1, 2007, the number of contracts to which | 25952 |
| this division applies in effect at any time under this chapter | 25953 |
| shall be not more than thirty plus the number of such contracts | 25954 |
| with schools that were open for operation as of May 1, 2005. | 25955 |
| (6) Until the effective date of any standards enacted by the | 25956 |
| general assembly governing the operation of internet- or | 25957 |
| computer-based community schools, no internet- or computer-based | 25958 |
| community school shall operate unless the school was open for | 25959 |
| instruction as of May 1, 2005. No entity described in division | 25960 |
| (C)(1) of section 3314.02 of the Revised Code shall enter into a | 25961 |
| contract to sponsor an internet- or computer-based community | 25962 |
| school, including a conversion school, between May 1, 2005, and | 25963 |
| the effective date of any standards enacted by the general | 25964 |
| assembly governing the operation of internet- or computer-based | 25965 |
| community schools, except as follows: | 25966 |
| (a) Any entity described in division (C)(1) of that section | 25967 |
| may renew a contract that the entity entered into with an | 25968 |
| internet- or computer-based community school prior to May 1, 2005, | 25969 |
| if the school was open for operation as of that date. | 25970 |
| (b) Any entity described in divisions (C)(1)(a) to (e) of | 25971 |
| that section may assume sponsorship of an existing internet- or | 25972 |
| computer-based community school that was formerly sponsored by | 25973 |
| another entity and may enter into a contract with that community | 25974 |
| school in accordance with section 3314.03 of the Revised Code. | 25975 |
| (c) Any entity described in division (C)(1)(f) of that | 25976 |
| section may assume sponsorship of an existing internet- or | 25977 |
| computer-based community school in accordance with division (A)(7) | 25978 |
| of this section and may enter into a contract with that community | 25979 |
| school in accordance with section 3314.03 of the Revised Code. | 25980 |
| If a sponsor entered into a contract with an internet- or | 25981 |
| computer-based community school, including a conversion school, | 25982 |
| but the school was not open for operation as of May 1, 2005, the | 25983 |
| contract shall be void and the entity shall not enter into another | 25984 |
| contract with the school until the effective date of any standards | 25985 |
| enacted by the general assembly governing the operation of | 25986 |
| internet- or computer-based community schools. | 25987 |
| (7) Until July 1, 2005, any entity described in division | 25988 |
| (C)(1)(f) of section 3314.02 of the Revised Code may sponsor only | 25989 |
| a community school that formerly was sponsored by the state board | 25990 |
| of education under division (C)(1)(d) of that section, as it | 25991 |
| existed prior to April 8, 2003. After July 1, 2005, any such | 25992 |
| entity may assume sponsorship of any existing community school, | 25993 |
| and may sponsor any new community school that is not an internet- | 25994 |
| or computer-based community school. Beginning on the effective | 25995 |
| date of any standards enacted by the general assembly governing | 25996 |
| the operation of internet- or computer-based community schools, | 25997 |
| any such entity may sponsor a new internet- or computer-based | 25998 |
| community school. | 25999 |
| (8) Nothing in division (A) of this section prohibits a | 26000 |
| community school from increasing the number of grade levels it | 26001 |
| offers. | 26002 |
| (B) Within twenty-four hours of a request by any person, the | 26003 |
| superintendent of public instruction shall indicate the number of | 26004 |
| preliminary agreements for start-up schools currently outstanding | 26005 |
| and the number of contracts for these schools in effect at the | 26006 |
| time of the request. | 26007 |
| (C) It is the intent of the general assembly to consider | 26008 |
| whether to provide limitations on the number of start-up community | 26009 |
| schools after July 1, 2001, following its examination of the | 26010 |
| results of the studies by the legislative office of education | 26011 |
| oversight required under Section 50.39 of Am. Sub. H.B. No. 215 of | 26012 |
| the 122nd general assembly and Section 50.52.2 of Am. Sub. H.B. | 26013 |
| No. 215 of the 122nd general assembly, as amended by Am. Sub. H.B. | 26014 |
| No. 770 of the 122nd general assembly. | 26015 |
| Sec. 3314.014. As used in this section, "operator" means an | 26016 |
| organization that manages the daily operations of a community | 26017 |
| school pursuant to a contract between the operator and the | 26018 |
| school's governing authority. | 26019 |
| (A)(1) Notwithstanding the limit prescribed by division | 26020 |
| (A)(4) of section 3314.013 of the Revised Code, a start-up school | 26021 |
| sponsored by an entity described in divisions (C)(1)(b) to (f) of | 26022 |
| section 3314.02 of the Revised Code may be established after the | 26023 |
| date that limit is reached, provided the school's governing | 26024 |
| authority enters into a contract with an operator permitted to | 26025 |
| manage the school under division (B) of this section. | 26026 |
| (2) Notwithstanding the limit prescribed by division (A)(5) | 26027 |
| of section 3314.013 of the Revised Code, a conversion school that | 26028 |
| is an internet- or computer-based community school or a start-up | 26029 |
| school sponsored by the school district in which the school is or | 26030 |
| is proposed to be located may be established after the date that | 26031 |
| limit is reached, provided the school's governing authority enters | 26032 |
| into a contract with an operator permitted to manage the school | 26033 |
| under division (B) of this section. However, a conversion school | 26034 |
| that is an internet- or computer-based community school may be | 26035 |
| established after that date only if the prohibition prescribed by | 26036 |
| division (A)(6) of section 3314.013 of the Revised Code is no | 26037 |
| longer in effect. | 26038 |
| (B) An operator may enter into contracts with the governing | 26039 |
| authorities of community schools established after the date the | 26040 |
| limit prescribed by division (A)(4) or (5) of section 3314.013 of | 26041 |
| the Revised Code, as applicable, is reached, provided the total | 26042 |
| number of schools for which the operator enters into such | 26043 |
| contracts, excluding conversion schools that are not internet- or | 26044 |
| computer-based community schools, does not exceed the number of | 26045 |
| community schools managed by the operator on the applicable date | 26046 |
| that are rated excellent, effective, or in need of continuous | 26047 |
| improvement pursuant to section 3302.03 of the Revised Code. | 26048 |
| Sec. 3314.015. (A) The department of education shall be | 26049 |
| responsible for the oversight of sponsors of the community schools | 26050 |
| established under this chapter and shall provide technical | 26051 |
| assistance to schools and sponsors in their compliance with | 26052 |
| applicable laws and the terms of the contracts entered into under | 26053 |
| section 3314.03 of the Revised Code and in the development and | 26054 |
| start-up activities of those schools. In carrying out its duties | 26055 |
| under this section, the department shall do all of the following: | 26056 |
| (1) In providing technical assistance to proposing parties, | 26057 |
| governing authorities, and sponsors, conduct training sessions and | 26058 |
| distribute informational materials; | 26059 |
| (2) Approve entities to be sponsors of community schools and | 26060 |
| monitor the effectiveness of those sponsors in their oversight of | 26061 |
| the schools with which they have contracted; | 26062 |
| (3) By December thirty-first of each year, issue a report to | 26063 |
| the governor, the speaker of the house of representatives, the | 26064 |
| president of the senate, and the chairpersons of the house and | 26065 |
| senate committees principally responsible for education matters | 26066 |
| regarding the effectiveness of academic programs, operations, and | 26067 |
| legal compliance and of the financial condition of all community | 26068 |
| schools established under this chapter; | 26069 |
| (4) From time to time, make legislative recommendations to | 26070 |
| the general assembly designed to enhance the operation and | 26071 |
| performance of community schools. | 26072 |
| (B)(1) No entity listed in division (C)(1) of section 3314.02 | 26073 |
| of the Revised Code shall enter into a preliminary agreement under | 26074 |
| division (C)(2) of section 3314.02 of the Revised Code until it | 26075 |
| has received approval from the department of education to sponsor | 26076 |
| community schools under this chapter and has entered into a | 26077 |
| written agreement with the department regarding the manner in | 26078 |
| which the entity will conduct such sponsorship. The department | 26079 |
| shall adopt in accordance with Chapter 119. of the Revised Code | 26080 |
| rules containing criteria, procedures, and deadlines for | 26081 |
| processing applications for such approval, for oversight of | 26082 |
| sponsors, for revocation of the approval of sponsors, and for | 26083 |
| entering into written agreements with sponsors. The rules shall | 26084 |
| require an entity to submit evidence of the entity's ability and | 26085 |
| willingness to comply with the provisions of division (D) of | 26086 |
| section 3314.03 of the Revised Code. The rules also shall require | 26087 |
| entities approved as sponsors on and after the effective date of | 26088 |
| this amendment to demonstrate a record of financial responsibility | 26089 |
| and successful implementation of educational programs. If an | 26090 |
| entity seeking approval on or after the effective date of this | 26091 |
| amendment to sponsor community schools in this state sponsors or | 26092 |
| operates schools in another state, at least one of the schools | 26093 |
| sponsored or operated by the entity must be comparable to or | 26094 |
| better than the performance of Ohio schools in a state of academic | 26095 |
| watch under section 3302.03 of the Revised Code, as determined by | 26096 |
| the department. | 26097 |
| An entity that | 26098 |
| schools may
enter into | 26099 |
| sponsor | 26100 |
| the contract for sponsorship meets the requirements of this | 26101 |
| chapter: | 26102 |
| (a) An entity that sponsored fifty or fewer schools that were | 26103 |
| open for operation as of May 1, 2005, may sponsor not more than | 26104 |
| fifty schools. | 26105 |
| (b) An entity that sponsored more than fifty but not more | 26106 |
| than seventy-five schools that were open for operation as of May | 26107 |
| 1, 2005, may sponsor not more than the number of schools the | 26108 |
| entity sponsored that were open for operation as of May 1, 2005. | 26109 |
| (c) Until June 30, 2006, an entity that sponsored more than | 26110 |
| seventy-five schools that were open for operation as of May 1, | 26111 |
| 2005, may sponsor not more than the number of schools the entity | 26112 |
| sponsored that were open for operation as of May 1, 2005. After | 26113 |
| June 30, 2006, such an entity may sponsor not more than | 26114 |
| seventy-five schools. | 26115 |
| Upon approval of an entity to be a sponsor under this | 26116 |
| division, the department shall notify the entity of the number of | 26117 |
| schools the entity may sponsor. | 26118 |
| The limit imposed on an entity to which division (B)(1)(b) or | 26119 |
| (c) of this section applies shall be decreased by one for each | 26120 |
| school sponsored by the entity that permanently closes until the | 26121 |
| number of schools sponsored by the entity is fifty. | 26122 |
| If at any time an entity exceeds the number of schools it may | 26123 |
| sponsor under this division, the department shall assist the | 26124 |
| schools in excess of the entity's limit in securing new sponsors. | 26125 |
| If a school is unable to secure a new sponsor, the department | 26126 |
| shall assume sponsorship of the school in accordance with division | 26127 |
| (C) of this section. Those schools for which another sponsor or | 26128 |
| the department assumes sponsorship shall be the schools that most | 26129 |
| recently entered into contracts with the entity under section | 26130 |
| 3314.03 of the Revised Code. | 26131 |
| (2) The department of education shall determine, pursuant to | 26132 |
| criteria adopted by rule of the department, whether the mission | 26133 |
| proposed to be specified in the contract of a community school to | 26134 |
| be sponsored by a state university board of trustees or the | 26135 |
| board's designee under division (C)(1)(e) of section 3314.02 of | 26136 |
| the Revised Code complies with the requirements of that division. | 26137 |
| Such determination of the department is final. | 26138 |
| (3) The department of education shall determine, pursuant to | 26139 |
| criteria adopted by rule of the department, if any tax-exempt | 26140 |
| entity under section 501(c)(3) of the Internal Revenue Code that | 26141 |
| is proposed to be a sponsor of a community school is an | 26142 |
| education-oriented entity for purpose of satisfying the condition | 26143 |
|
prescribed in division (C)(1) | 26144 |
| the Revised Code. Such determination of the department is final. | 26145 |
| (C) If at any time the state board of education finds that a | 26146 |
| sponsor is not in compliance or is no longer willing to comply | 26147 |
| with its contract with any community school or with the | 26148 |
| department's rules for sponsorship, the state board or designee | 26149 |
| shall conduct a hearing in accordance with Chapter 119. of the | 26150 |
| Revised Code on that matter. If after the hearing, the state board | 26151 |
| or designee has confirmed the original finding, the department of | 26152 |
| education may revoke the sponsor's approval to sponsor community | 26153 |
| schools and may assume the sponsorship of any schools with which | 26154 |
| the sponsor has contracted until the earlier of the expiration of | 26155 |
| two school years or until a new sponsor as described in division | 26156 |
| (C)(1) of section 3314.02 of the Revised Code is secured by the | 26157 |
| school's governing authority. The department may extend the term | 26158 |
| of the contract in the case of a school for which it has assumed | 26159 |
| sponsorship under this division as necessary to accommodate the | 26160 |
| term of the department's authorization to sponsor the school | 26161 |
| specified in this division. | 26162 |
| (D) The decision of the department to disapprove an entity | 26163 |
| for sponsorship of a community school or to revoke approval for | 26164 |
| such sponsorship, as provided in division (C) of this section, may | 26165 |
| be appealed by the entity in accordance with section 119.12 of the | 26166 |
| Revised Code. | 26167 |
| (E) The department shall adopt procedures for use by a | 26168 |
| community school governing authority and sponsor when the school | 26169 |
| permanently closes and ceases operation, which shall include at | 26170 |
| least procedures for data reporting to the department, handling of | 26171 |
| student records, distribution of assets in accordance with section | 26172 |
| 3314.074 of the Revised Code, and other matters related to ceasing | 26173 |
| operation of the school. | 26174 |
| (F) In carrying out its duties under this chapter, the | 26175 |
| department shall not impose requirements on community schools or | 26176 |
| their sponsors that are not permitted by law or duly adopted | 26177 |
| rules. | 26178 |
| Sec. 3314.02. (A) As used in this chapter: | 26179 |
| (1) "Sponsor" means an entity listed in division (C)(1) of | 26180 |
| this section, which has been approved by the department of | 26181 |
| education to sponsor community schools and with which the | 26182 |
| governing authority of the proposed community school enters into a | 26183 |
| contract pursuant to this section. | 26184 |
| (2) "Pilot project area" means the school districts included | 26185 |
| in the territory of the former community school pilot project | 26186 |
| established by former Section 50.52 of Am. Sub. H.B. No. 215 of | 26187 |
| the 122nd general assembly. | 26188 |
| (3) "Challenged school district" means any of the following: | 26189 |
| (a) A school district that is part of the pilot project area; | 26190 |
| (b) A school district that is either in a state of academic | 26191 |
| emergency or in a state of academic watch under section 3302.03 of | 26192 |
| the Revised Code; | 26193 |
| (c) A big eight school district. | 26194 |
| (4) "Big eight school district" means a school district that | 26195 |
| for fiscal year 1997 had both of the following: | 26196 |
| (a) A percentage of children residing in the district and | 26197 |
| participating in the predecessor of Ohio works first greater than | 26198 |
| thirty per cent, as reported pursuant to section 3317.10 of the | 26199 |
| Revised Code; | 26200 |
| (b) An average daily membership greater than twelve thousand, | 26201 |
| as reported pursuant to former division (A) of section 3317.03 of | 26202 |
| the Revised Code. | 26203 |
| (5) "New start-up school" means a community school other than | 26204 |
| one created by converting all or part of an existing public | 26205 |
| school, as designated in the school's contract pursuant to | 26206 |
| division (A)(17) of section 3314.03 of the Revised Code. | 26207 |
| (6) "Urban school district" means one of the state's | 26208 |
| twenty-one urban school districts as defined in division (O) of | 26209 |
| section 3317.02 of the Revised Code as that section existed prior | 26210 |
| to July 1, 1998. | 26211 |
| (7) "Internet- or computer-based community school" means a | 26212 |
| community school established under this chapter in which the | 26213 |
| enrolled students work primarily from their residences on | 26214 |
| assignments in nonclassroom-based learning opportunities provided | 26215 |
| via an internet- or other computer-based instructional method that | 26216 |
| does not rely on regular classroom instruction or via | 26217 |
| comprehensive instructional methods that include internet-based, | 26218 |
| other computer-based, and noncomputer-based learning | 26219 |
| opportunities. | 26220 |
| (B) Any person or group of individuals may initially propose | 26221 |
| under this division the conversion of all or a portion of a public | 26222 |
| school to a community school. The proposal shall be made to the | 26223 |
| board of education of the city, local, or exempted village school | 26224 |
| district in which the public school is proposed to be converted. | 26225 |
| Upon receipt of a proposal, a board may enter into a preliminary | 26226 |
| agreement with the person or group proposing the conversion of the | 26227 |
| public school, indicating the intention of the board of education | 26228 |
| to support the conversion to a community school. A proposing | 26229 |
| person or group that has a preliminary agreement under this | 26230 |
| division may proceed to finalize plans for the school, establish a | 26231 |
| governing authority for the school, and negotiate a contract with | 26232 |
| the board of education. Provided the proposing person or group | 26233 |
| adheres to the preliminary agreement and all provisions of this | 26234 |
| chapter, the board of education shall negotiate in good faith to | 26235 |
| enter into a contract in accordance with section 3314.03 of the | 26236 |
| Revised Code and division (C) of this section. | 26237 |
| (C)(1) Any person or group of individuals may propose under | 26238 |
| this division the establishment of a new start-up school to be | 26239 |
| located in a challenged school district. The proposal may be made | 26240 |
| to any of the following entities: | 26241 |
| (a) The board of education of the district in which the | 26242 |
| school is proposed to be located; | 26243 |
| (b) The board of education of any joint vocational school | 26244 |
| district with territory in the county in which is located the | 26245 |
| majority of the territory of the district in which the school is | 26246 |
| proposed to be located; | 26247 |
| (c) The board of education of any other city, local, or | 26248 |
| exempted village school district having territory in the same | 26249 |
| county where the district in which the school is proposed to be | 26250 |
| located has the major portion of its territory; | 26251 |
| (d) The governing board of any educational service center; | 26252 |
| (e) A sponsoring authority designated by the board of | 26253 |
| trustees of any of the thirteen state universities listed in | 26254 |
| section 3345.011 of the Revised Code or the board of trustees | 26255 |
| itself as long as a mission of the proposed school to be specified | 26256 |
| in the contract under division (A)(2) of section 3314.03 of the | 26257 |
| Revised Code and as approved by the department of education under | 26258 |
| division (B)(2) of section 3314.015 of the Revised Code will be | 26259 |
| the practical demonstration of teaching methods, educational | 26260 |
| technology, or other teaching practices that are included in the | 26261 |
| curriculum of the university's teacher preparation program | 26262 |
| approved by the state board of education; | 26263 |
| (f) Any qualified tax-exempt entity under section 501(c)(3) | 26264 |
| of the Internal Revenue Code as long as all of the following | 26265 |
| conditions are satisfied: | 26266 |
| (i) The entity has been in operation for at least five years | 26267 |
| prior to applying to be a community school sponsor. | 26268 |
| (ii) The entity has assets of at least five hundred thousand | 26269 |
| dollars. | 26270 |
| (iii) The department of education has determined that the | 26271 |
| entity is an education-oriented entity under division (B)(3) of | 26272 |
| section 3314.015 of the Revised Code. | 26273 |
| | 26274 |
| 26275 | |
| 26276 | |
| 26277 | |
| 26278 | |
| 26279 |
| Any entity described in division (C)(1) of this section may | 26280 |
| enter into a preliminary agreement pursuant to division (C)(2) of | 26281 |
| this section with the proposing person or group. | 26282 |
| (2) A preliminary agreement indicates the intention of an | 26283 |
| entity described in division (C)(1) of this section to sponsor the | 26284 |
| community school. A proposing person or group that has such a | 26285 |
| preliminary agreement may proceed to finalize plans for the | 26286 |
| school, establish a governing authority as described in division | 26287 |
| (E) of this section for the school, and negotiate a contract with | 26288 |
| the entity. Provided the proposing person or group adheres to the | 26289 |
| preliminary agreement and all provisions of this chapter, the | 26290 |
| entity shall negotiate in good faith to enter into a contract in | 26291 |
| accordance with section 3314.03 of the Revised Code. | 26292 |
| (3) A new start-up school that is established in a school | 26293 |
| district while that district is either in a state of academic | 26294 |
| emergency or in a state of academic watch under section 3302.03 of | 26295 |
| the Revised Code may continue in existence once the school | 26296 |
| district is no longer in a state of academic emergency or academic | 26297 |
| watch, provided there is a valid contract between the school and a | 26298 |
| sponsor. | 26299 |
| (4) A copy of every preliminary agreement entered into under | 26300 |
| this division shall be filed with the superintendent of public | 26301 |
| instruction. | 26302 |
| (D) A majority vote of the board of a sponsoring entity and a | 26303 |
| majority vote of the members of the governing authority of a | 26304 |
| community school shall be required to adopt a contract and convert | 26305 |
| the public school to a community school or establish the new | 26306 |
|
start-up school. | 26307 |
| Beginning on the effective date of this amendment, adoption of the | 26308 |
| contract shall occur not later than the fifteenth day of March | 26309 |
| prior to the school year in which the school will open. Subject to | 26310 |
| sections 3314.013 and 3314.014 of the Revised Code, an unlimited | 26311 |
| number of community schools may be established in any school | 26312 |
| district provided that a contract is entered into for each | 26313 |
| community school pursuant to this chapter. | 26314 |
| (E) As used in this division, "immediate relatives" are | 26315 |
| limited to spouses, children, parents, grandparents, siblings, and | 26316 |
| in-laws. | 26317 |
| Each new start-up community school established under this | 26318 |
| chapter shall be under the direction of a governing authority | 26319 |
| which shall consist of a board of not less than five individuals | 26320 |
| who are not owners or employees, or immediate relatives of owners | 26321 |
| or employees, of any for-profit firm that operates or manages a | 26322 |
| school for the governing authority. | 26323 |
| No person shall serve on the governing authority or operate | 26324 |
| the community school under contract with the governing authority | 26325 |
| so long as the person owes the state any money or is in a dispute | 26326 |
| over whether the person owes the state any money concerning the | 26327 |
| operation of a community school that has closed. | 26328 |
| (F) Nothing in this chapter shall be construed to permit the | 26329 |
| establishment of a community school in more than one school | 26330 |
| district under the same contract. | 26331 |
| (G)(1) A new start-up school that is established prior to | 26332 |
| 26333 | |
| school district that is not also a big-eight school district may | 26334 |
| continue to operate after | 26335 |
| 26336 | |
| authority and the school's sponsor may be renewed, as provided | 26337 |
| under this chapter, after | 26338 |
| 26339 | |
| established in such a district unless the district is a challenged | 26340 |
| school district as defined in this section as it exists on and | 26341 |
| after | 26342 |
| (2) A community school that was established prior to June 29, | 26343 |
| 1999, and is located in a county contiguous to the pilot project | 26344 |
| area and in a school district that is not a challenged school | 26345 |
| district may continue to operate after that date, provided the | 26346 |
| school complies with all provisions of this chapter. The contract | 26347 |
| between the school's governing authority and the school's sponsor | 26348 |
| may be renewed, but no additional start-up community school may be | 26349 |
| established in that district unless the district is a challenged | 26350 |
| school district. | 26351 |
| Sec. 3314.021. (A) This section applies to any entity that is | 26352 |
| exempt from taxation under section 501(c)(3) of the Internal | 26353 |
| Revenue Code and that satisfies the conditions specified in | 26354 |
| divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the | 26355 |
| Revised Code but does not satisfy the condition specified in | 26356 |
| division (C)(1)(f)(i) of that section. | 26357 |
| (B) Notwithstanding division (C)(1)(f)(i) of section 3314.02 | 26358 |
| of the Revised Code, an entity described in division (A) of this | 26359 |
| section may do both of the following without obtaining the | 26360 |
| department of education's approval of its sponsorship under | 26361 |
| division (B)(1) of section 3314.015 of the Revised Code: | 26362 |
| (1) Succeed the board of trustees of a state university | 26363 |
| located in the pilot project area or that board's designee as the | 26364 |
| sponsor of a community school established under this chapter; | 26365 |
| (2) Continue to sponsor that school in conformance with the | 26366 |
| terms of the contract between the board of trustees or its | 26367 |
| designee and the governing authority of the community school and | 26368 |
| renew that contract as provided in division (E) of section 3314.03 | 26369 |
| of the Revised Code. | 26370 |
| (C) The entity that succeeds the board of trustees or the | 26371 |
| board's designee as sponsor of a community school under division | 26372 |
| (B) of this section also may enter into contracts to sponsor other | 26373 |
| community schools located in any challenged school district, | 26374 |
| without obtaining the department's approval of its sponsorship | 26375 |
| under division (B)(1) of section 3314.015 of the Revised Code, and | 26376 |
| not subject to the restriction of | 26377 |
| 26378 | |
| Revised Code, as long as the contracts conform with and the entity | 26379 |
| complies with all other requirements of this chapter. | 26380 |
| Sec. 3314.03. A copy of every contract entered into under | 26381 |
| this section shall be filed with the superintendent of public | 26382 |
| instruction. | 26383 |
| (A) Each contract entered into between a sponsor and the | 26384 |
| governing authority of a community school shall specify the | 26385 |
| following: | 26386 |
| (1) That the school shall be established as either of the | 26387 |
| following: | 26388 |
| (a) A nonprofit corporation established under Chapter 1702. | 26389 |
| of the Revised Code, if established prior to April 8, 2003; | 26390 |
| (b) A public benefit corporation established under Chapter | 26391 |
| 1702. of the Revised Code, if established after April 8, 2003; | 26392 |
| (2) The education program of the school, including the | 26393 |
| school's mission, the characteristics of the students the school | 26394 |
| is expected to attract, the ages and grades of students, and the | 26395 |
| focus of the curriculum; | 26396 |
| (3) The academic goals to be achieved and the method of | 26397 |
| measurement that will be used to determine progress toward those | 26398 |
| goals, which shall include the statewide achievement tests; | 26399 |
| (4) Performance standards by which the success of the school | 26400 |
|
will be evaluated by the sponsor | 26401 |
| the school in accordance with division (D) of section 3314.36 of | 26402 |
| the Revised Code, the contract shall specify the number of school | 26403 |
| years that the school will be evaluated under that division. | 26404 |
| (5) The admission standards of section 3314.06 of the Revised | 26405 |
| Code and, if applicable, section 3314.061 of the Revised Code; | 26406 |
| (6)(a) Dismissal procedures; | 26407 |
| (b) A requirement that the governing authority adopt an | 26408 |
| attendance policy that includes a procedure for automatically | 26409 |
| withdrawing a student from the school if the student without a | 26410 |
| legitimate excuse fails to participate in one hundred five | 26411 |
| consecutive hours of the learning opportunities offered to the | 26412 |
|
student. | 26413 |
| 26414 | |
| 26415 |
| (7) The ways by which the school will achieve racial and | 26416 |
| ethnic balance reflective of the community it serves; | 26417 |
| (8) Requirements for financial audits by the auditor of | 26418 |
| state. The contract shall require financial records of the school | 26419 |
| to be maintained in the same manner as are financial records of | 26420 |
| school districts, pursuant to rules of the auditor of state, and | 26421 |
| the audits shall be conducted in accordance with section 117.10 of | 26422 |
| the Revised Code. | 26423 |
| (9) The facilities to be used and their locations; | 26424 |
| (10) Qualifications of teachers, including a requirement that | 26425 |
| the school's classroom teachers be licensed in accordance with | 26426 |
| sections 3319.22 to 3319.31 of the Revised Code, except that a | 26427 |
| community school may engage noncertificated persons to teach up to | 26428 |
| twelve hours per week pursuant to section 3319.301 of the Revised | 26429 |
| Code; | 26430 |
| (11) That the school will comply with the following | 26431 |
| requirements: | 26432 |
| (a) The school will provide learning opportunities to a | 26433 |
| minimum of twenty-five students for a minimum of nine hundred | 26434 |
| twenty hours per school year; | 26435 |
| (b) The governing authority will purchase liability | 26436 |
| insurance, or otherwise provide for the potential liability of the | 26437 |
| school; | 26438 |
| (c) The school will be nonsectarian in its programs, | 26439 |
| admission policies, employment practices, and all other | 26440 |
| operations, and will not be operated by a sectarian school or | 26441 |
| religious institution; | 26442 |
| (d) The school will comply with sections 9.90, 9.91, 109.65, | 26443 |
| 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711, | 26444 |
| 3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643, | 26445 |
| 3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671, | 26446 |
| 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96, | 26447 |
| 3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, 3321.17, | 26448 |
| 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and | 26449 |
| 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., | 26450 |
| 4123., 4141., and 4167. of the Revised Code as if it were a school | 26451 |
| district and will comply with section 3301.0714 of the Revised | 26452 |
| Code in the manner specified in section 3314.17 of the Revised | 26453 |
| Code; | 26454 |
| (e) The school shall comply with Chapter 102. of the Revised | 26455 |
| Code except that nothing in that chapter shall prohibit a member | 26456 |
| of the school's governing board from also being an employee of the | 26457 |
| school and nothing in that chapter or section 2921.42 of the | 26458 |
| Revised Code shall prohibit a member of the school's governing | 26459 |
| board from having an interest in a contract into which the | 26460 |
| governing board enters that is not a contract with a for-profit | 26461 |
| firm for the operation or management of a school under the | 26462 |
| auspices of the governing authority; | 26463 |
| (f) The school will comply with sections 3313.61, 3313.611, | 26464 |
| and 3313.614 of the Revised Code, except that the requirement in | 26465 |
| sections 3313.61 and 3313.611 of the Revised Code that a person | 26466 |
| must successfully complete the curriculum in any high school prior | 26467 |
| to receiving a high school diploma may be met by completing the | 26468 |
| curriculum adopted by the governing authority of the community | 26469 |
| school rather than the curriculum specified in Title XXXIII of the | 26470 |
| Revised Code or any rules of the state board of education; | 26471 |
| (g) The school governing authority will submit within four | 26472 |
| months after the end of each school year a report of its | 26473 |
| activities and progress in meeting the goals and standards of | 26474 |
| divisions (A)(3) and (4) of this section and its financial status | 26475 |
| to the sponsor, the parents of all students enrolled in the | 26476 |
| school, and the legislative office of education oversight. The | 26477 |
| school will collect and provide any data that the legislative | 26478 |
| office of education oversight requests in furtherance of any study | 26479 |
| or research that the general assembly requires the office to | 26480 |
| conduct, including the studies required under Section 50.39 of Am. | 26481 |
| Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of | 26482 |
| Am. Sub. H.B. 215 of the 122nd general assembly, as amended. | 26483 |
| (12) Arrangements for providing health and other benefits to | 26484 |
| employees; | 26485 |
| (13) The length of the contract, which shall begin at the | 26486 |
| beginning of an academic year. No contract shall exceed five years | 26487 |
| unless such contract has been renewed pursuant to division (E) of | 26488 |
| this section. | 26489 |
| (14) The governing authority of the school, which shall be | 26490 |
| responsible for carrying out the provisions of the contract; | 26491 |
| (15) A financial plan detailing an estimated school budget | 26492 |
| for each year of the period of the contract and specifying the | 26493 |
| total estimated per pupil expenditure amount for each such year. | 26494 |
| The plan shall specify for each year the base formula amount that | 26495 |
| will be used for purposes of funding calculations under section | 26496 |
| 3314.08 of the Revised Code. This base formula amount for any year | 26497 |
| shall not exceed the formula amount defined under section 3317.02 | 26498 |
| of the Revised Code. The plan may also specify for any year a | 26499 |
| percentage figure to be used for reducing the per pupil amount of | 26500 |
| 26501 | |
| section 3317.029 of the Revised Code the school is to receive that | 26502 |
| year under section 3314.08 of the Revised Code. | 26503 |
| (16) Requirements and procedures regarding the disposition of | 26504 |
| employees of the school in the event the contract is terminated or | 26505 |
| not renewed pursuant to section 3314.07 of the Revised Code; | 26506 |
| (17) Whether the school is to be created by converting all or | 26507 |
| part of an existing public school or is to be a new start-up | 26508 |
| school, and if it is a converted public school, specification of | 26509 |
| any duties or responsibilities of an employer that the board of | 26510 |
| education that operated the school before conversion is delegating | 26511 |
| to the governing board of the community school with respect to all | 26512 |
| or any specified group of employees provided the delegation is not | 26513 |
| prohibited by a collective bargaining agreement applicable to such | 26514 |
| employees; | 26515 |
| (18) Provisions establishing procedures for resolving | 26516 |
| disputes or differences of opinion between the sponsor and the | 26517 |
| governing authority of the community school; | 26518 |
| (19) A provision requiring the governing authority to adopt a | 26519 |
| policy regarding the admission of students who reside outside the | 26520 |
| district in which the school is located. That policy shall comply | 26521 |
| with the admissions procedures specified
in | 26522 |
| 3314.06 and 3314.061 of the Revised Code and, at the sole | 26523 |
| discretion of the authority, shall do one of the following: | 26524 |
| (a) Prohibit the enrollment of students who reside outside | 26525 |
| the district in which the school is located; | 26526 |
| (b) Permit the enrollment of students who reside in districts | 26527 |
| adjacent to the district in which the school is located; | 26528 |
| (c) Permit the enrollment of students who reside in any other | 26529 |
| district in the state. | 26530 |
| (20) A provision recognizing the authority of the department | 26531 |
| of education to take over the sponsorship of the school in | 26532 |
| accordance with the provisions of division (C) of section 3314.015 | 26533 |
| of the Revised Code; | 26534 |
| (21) A provision recognizing the sponsor's authority to | 26535 |
| assume the operation of a school under the conditions specified in | 26536 |
| division (B) of section 3314.073 of the Revised Code; | 26537 |
| (22) A provision recognizing both of the following: | 26538 |
| (a) The authority of public health and safety officials to | 26539 |
| inspect the facilities of the school and to order the facilities | 26540 |
| closed if those officials find that the facilities are not in | 26541 |
| compliance with health and safety laws and regulations; | 26542 |
| (b) The authority of the department of education as the | 26543 |
| community school oversight body to suspend the operation of the | 26544 |
| school under section 3314.072 of the Revised Code if the | 26545 |
| department has evidence of conditions or violations of law at the | 26546 |
| school that pose an imminent danger to the health and safety of | 26547 |
| the school's students and employees and the sponsor refuses to | 26548 |
| take such action; | 26549 |
| (23) A description of the learning opportunities that will be | 26550 |
| offered to students including both classroom-based and | 26551 |
| non-classroom-based learning opportunities that is in compliance | 26552 |
| with criteria for student participation established by the | 26553 |
| department under division (L)(2) of section 3314.08 of the Revised | 26554 |
| Code; | 26555 |
| (24) The school will comply with section 3302.04 of the | 26556 |
| Revised Code, including division (E) of that section to the extent | 26557 |
| possible, except that any action required to be taken by a school | 26558 |
| district pursuant to that section shall be taken by the sponsor of | 26559 |
| the school. However, the sponsor shall not be required to take any | 26560 |
| action described in division (F) of that section. | 26561 |
| (25) Beginning in the 2006-2007 school year, the school will | 26562 |
| open for operation not later than the thirtieth day of September | 26563 |
| each school year, unless the mission of the school as specified | 26564 |
| under division (A)(2) of this section is solely to serve dropouts. | 26565 |
| In its initial year of operation, if the school fails to open by | 26566 |
| the thirtieth day of September, or within one year after the | 26567 |
| adoption of the contract pursuant to division (D) of section | 26568 |
| 3314.02 of the Revised Code if the mission of the school is solely | 26569 |
| to serve dropouts, the contract shall be void. | 26570 |
| (B) The community school shall also submit to the sponsor a | 26571 |
| comprehensive plan for the school. The plan shall specify the | 26572 |
| following: | 26573 |
| (1) The process by which the governing authority of the | 26574 |
| school will be selected in the future; | 26575 |
| (2) The management and administration of the school; | 26576 |
| (3) If the community school is a currently existing public | 26577 |
| school, alternative arrangements for current public school | 26578 |
| students who choose not to attend the school and teachers who | 26579 |
| choose not to teach in the school after conversion; | 26580 |
| (4) The instructional program and educational philosophy of | 26581 |
| the school; | 26582 |
| (5) Internal financial controls. | 26583 |
| (C) A contract entered into under section 3314.02 of the | 26584 |
| Revised Code between a sponsor and the governing authority of a | 26585 |
| community school may provide for the community school governing | 26586 |
| authority to make payments to the sponsor, which is hereby | 26587 |
| authorized to receive such payments as set forth in the contract | 26588 |
| between the governing authority and the sponsor. The total amount | 26589 |
| of such payments for oversight and monitoring of the school shall | 26590 |
| not exceed three per cent of the total amount of payments for | 26591 |
| operating expenses that the school receives from the state. | 26592 |
| (D) The contract shall specify the duties of the sponsor | 26593 |
| which shall be in accordance with the written agreement entered | 26594 |
| into with the department of education under division (B) of | 26595 |
| section 3314.015 of the Revised Code and shall include the | 26596 |
| following: | 26597 |
| (1) Monitor the community school's compliance with all laws | 26598 |
| applicable to the school and with the terms of the contract; | 26599 |
| (2) Monitor and evaluate the academic and fiscal performance | 26600 |
| and the organization and operation of the community school on at | 26601 |
| least an annual basis; | 26602 |
| (3) Report on an annual basis the results of the evaluation | 26603 |
| conducted under division (D)(2) of this section to the department | 26604 |
| of education and to the parents of students enrolled in the | 26605 |
| community school; | 26606 |
| (4) Provide technical assistance to the community school in | 26607 |
| complying with laws applicable to the school and terms of the | 26608 |
| contract; | 26609 |
| (5) Take steps to intervene in the school's operation to | 26610 |
| correct problems in the school's overall performance, declare the | 26611 |
| school to be on probationary status pursuant to section 3314.073 | 26612 |
| of the Revised Code, suspend the operation of the school pursuant | 26613 |
| to section 3314.072 of the Revised Code, or terminate the contract | 26614 |
| of the school pursuant to section 3314.07 of the Revised Code as | 26615 |
| determined necessary by the sponsor; | 26616 |
| (6) Have in place a plan of action to be undertaken in the | 26617 |
| event the community school experiences financial difficulties or | 26618 |
| closes prior to the end of a school year. | 26619 |
| (E) Upon the expiration of a contract entered into under this | 26620 |
| section, the sponsor of a community school may, with the approval | 26621 |
| of the governing authority of the school, renew that contract for | 26622 |
| a period of time determined by the sponsor, but not ending earlier | 26623 |
| than the end of any school year, if the sponsor finds that the | 26624 |
| school's compliance with applicable laws and terms of the contract | 26625 |
| and the school's progress in meeting the academic goals prescribed | 26626 |
| in the contract have been satisfactory. Any contract that is | 26627 |
| renewed under this division remains subject to the provisions of | 26628 |
| sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 26629 |
| (F) If a community school fails to open for operation within | 26630 |
| one year after the contract entered into under this section is | 26631 |
| adopted pursuant to division (D) of section 3314.02 of the Revised | 26632 |
| Code or permanently closes prior to the expiration of the | 26633 |
| contract, the contract shall be void and the school shall not | 26634 |
| enter into a contract with any other sponsor. A school shall not | 26635 |
| be considered permanently closed because the operations of the | 26636 |
| school have been suspended pursuant to section 3314.072 of the | 26637 |
| Revised Code. Any contract that becomes void under this division | 26638 |
| shall not count toward any statewide limit on the number of such | 26639 |
| contracts prescribed by section 3314.013 of the Revised Code. | 26640 |
| Sec. 3314.06. The governing authority of each community | 26641 |
| school established under this chapter shall adopt admission | 26642 |
| procedures that specify the following: | 26643 |
| (A) That except as otherwise provided in this section, | 26644 |
| admission to the school shall be open to any individual age five | 26645 |
| to twenty-two entitled to attend school pursuant to section | 26646 |
| 3313.64 or 3313.65 of the Revised Code in a school district in the | 26647 |
| state. | 26648 |
| (B)(1) That admission to the school may be limited to | 26649 |
| students who have attained a specific grade level or are within a | 26650 |
| specific age group; to students that meet a definition of | 26651 |
|
"at-risk," as
defined in the contract; | 26652 |
| specific geographic area within the district, as defined in the | 26653 |
| contract; or to separate groups of autistic students and | 26654 |
| nonhandicapped students, as authorized in section 3314.061 of the | 26655 |
| Revised Code and as defined in the contract. | 26656 |
| (2) For purposes of division (B)(1) of this section, | 26657 |
| "at-risk" students may include those students identified as gifted | 26658 |
| students under section 3324.03 of the Revised Code. | 26659 |
| (C) Whether enrollment is limited to students who reside in | 26660 |
| the district in which the school is located or is open to | 26661 |
| residents of other districts, as provided in the policy adopted | 26662 |
| pursuant to the contract. | 26663 |
| (D)(1) That there will be no discrimination in the admission | 26664 |
| of students to the school on the basis of race, creed, color, | 26665 |
|
handicapping
condition, or sex
except that | 26666 |
| (a) The governing authority may establish single-gender | 26667 |
| schools for the purpose described in division (G) of this section | 26668 |
| provided comparable facilities and learning opportunities are | 26669 |
| offered for both boys and girls. Such comparable facilities and | 26670 |
| opportunities may be offered for each sex at separate locations. | 26671 |
| (b) The governing authority may establish a school that | 26672 |
| simultaneously serves a group of students identified as autistic | 26673 |
| and a group of students who are not handicapped, as authorized in | 26674 |
| section 3314.061 of the Revised Code. However, unless the total | 26675 |
| capacity established for the school has been filled, no student | 26676 |
| with any handicap shall be denied admission on the basis of that | 26677 |
| handicap. | 26678 |
| (2) That upon admission of any handicapped student, the | 26679 |
| community school will comply with all federal and state laws | 26680 |
| regarding the education of handicapped students. | 26681 |
| (E) That the school may not limit admission to students on | 26682 |
| the basis of intellectual ability, measures of achievement or | 26683 |
| aptitude, or athletic ability, except that a school may limit its | 26684 |
|
enrollment to students as described in division (B) | 26685 |
| section. | 26686 |
| (F) That the community school will admit the number of | 26687 |
| students that does not exceed the capacity of the school's | 26688 |
| programs, classes, grade levels, or facilities. | 26689 |
| (G) That the purpose of single-gender schools that are | 26690 |
| established shall be to take advantage of the academic benefits | 26691 |
| some students realize from single-gender instruction and | 26692 |
| facilities and to offer students and parents residing in the | 26693 |
| district the option of a single-gender education. | 26694 |
| (H) That, except as otherwise provided under division (B) of | 26695 |
| this section or section 3314.061 of the Revised Code, if the | 26696 |
| number of applicants exceeds the capacity restrictions of division | 26697 |
| (F) of this section, students shall be admitted by lot from all | 26698 |
| those submitting applications, except preference shall be given to | 26699 |
| students attending the school the previous year and to students | 26700 |
| who reside in the district in which the school is located. | 26701 |
| Preference may be given to siblings of students attending the | 26702 |
| school the previous year. | 26703 |
| Notwithstanding divisions (A) to (H) of this section, in the | 26704 |
| event the racial composition of the enrollment of the community | 26705 |
| school is violative of a federal desegregation order, the | 26706 |
| community school shall take any and all corrective measures to | 26707 |
| comply with the desegregation order. | 26708 |
| Sec. 3314.061. A governing authority may establish a | 26709 |
| community school under this chapter that is limited to providing | 26710 |
| simultaneously special education and related services to a | 26711 |
| specified number of students identified as autistic and regular | 26712 |
| educational programs to a specified number of students who are not | 26713 |
| handicapped. The contract between the governing authority and the | 26714 |
| school's sponsor shall specify the target ratio of number of | 26715 |
| autistic students to number of nonhandicapped students in the | 26716 |
| school's population, the total number of autistic students that | 26717 |
| may be enrolled in the school, and the total number of | 26718 |
| nonhandicapped students that may be enrolled in the school. A | 26719 |
| school established in accordance with this section is subject to | 26720 |
| division (H) of section 3314.06 of the Revised Code, except that | 26721 |
| because the governing authority establishes a separate capacity | 26722 |
| for autistic students and nonhandicapped students, if the number | 26723 |
| of applicants among the group of autistic students or the group of | 26724 |
| nonhandicapped students exceeds the capacity restrictions for that | 26725 |
| group, students shall be admitted by lot from all those of that | 26726 |
| same group submitting applications. However, unless the total | 26727 |
| capacity established for the school has been filled, no student | 26728 |
| with any handicap shall be denied admission on the basis of that | 26729 |
| handicap. | 26730 |
| Sec. 3314.074. Divisions (A) and (B) of this section apply | 26731 |
| only to the extent permitted under Chapter 1702. of the Revised | 26732 |
| Code. | 26733 |
| (A) If any community school established under this chapter | 26734 |
| permanently closes and ceases its operation as a community school, | 26735 |
| the assets of that school shall be distributed first to the | 26736 |
| retirement funds of employees of the school, employees of the | 26737 |
| school, and private creditors who are owed compensation and then | 26738 |
| any remaining funds shall be paid to the state treasury to the | 26739 |
| credit of the general revenue fund. | 26740 |
| (B) If a community school closes and ceases to operate as a | 26741 |
| community school and the school has received computer hardware or | 26742 |
| software from the former Ohio SchoolNet commission or the eTech | 26743 |
| Ohio commission, such hardware or software shall be returned to | 26744 |
| the eTech Ohio commission, and the eTech Ohio commission shall | 26745 |
| redistribute the hardware and software, to the extent such | 26746 |
| redistribution is possible, to school districts in conformance | 26747 |
| with the provisions of the programs operated and administered by | 26748 |
| the eTech Ohio commission. | 26749 |
| (C) If the assets of the school are insufficient to pay all | 26750 |
| persons or entities to whom compensation is owed, the | 26751 |
| prioritization of the distribution of the assets to individual | 26752 |
| persons or entities within each class of payees may be determined | 26753 |
| by decree of a court in accordance with this section and Chapter | 26754 |
| 1702. of the Revised Code. | 26755 |
| Sec. 3314.08. (A) As used in this section: | 26756 |
| (1) "Base formula amount" means the amount specified as such | 26757 |
| in a community school's financial plan for a school year pursuant | 26758 |
| to division (A)(15) of section 3314.03 of the Revised Code. | 26759 |
| (2) "Cost-of-doing-business factor" has the same meaning as | 26760 |
| in section 3317.02 of the Revised Code. | 26761 |
| (3) "IEP" means an individualized education program as | 26762 |
| defined in section 3323.01 of the Revised Code. | 26763 |
| (4) "Applicable special education weight" means the multiple | 26764 |
| specified in section 3317.013 of the Revised Code for a handicap | 26765 |
| described in that section. | 26766 |
| (5) "Applicable vocational education weight" means: | 26767 |
| (a) For a student enrolled in vocational education programs | 26768 |
| or classes described in division (A) of section 3317.014 of the | 26769 |
| Revised Code, the multiple specified in that division; | 26770 |
| (b) For a student enrolled in vocational education programs | 26771 |
| or classes described in division (B) of section 3317.014 of the | 26772 |
| Revised Code, the multiple specified in that division. | 26773 |
| (6) "Entitled to attend school" means entitled to attend | 26774 |
| school in a district under section 3313.64 or 3313.65 of the | 26775 |
| Revised Code. | 26776 |
| (7)
A community school student
is "included in the | 26777 |
| poverty student count" of a school district if the student is | 26778 |
| entitled to
attend school in the district and | 26779 |
| | 26780 |
| family receives assistance under the Ohio works first program. | 26781 |
| | 26782 |
| 26783 | |
| 26784 | |
| 26785 | |
| 26786 |
| (8) " | 26787 |
| the percentage figure, if any, for reducing the per pupil amount | 26788 |
|
of | 26789 |
| community school is entitled to receive pursuant to divisions | 26790 |
| (D)(5) and (6) of this section in any year, as specified in the | 26791 |
| school's financial plan for the year pursuant to division (A)(15) | 26792 |
| of section 3314.03 of the Revised Code. | 26793 |
| (9) "All-day kindergarten" has the same meaning as in section | 26794 |
| 3317.029 of the Revised Code. | 26795 |
| (10) "SF-3 payment" means the sum of the payments to a school | 26796 |
| district in a fiscal year under divisions (A), (C)(1), (C)(4), | 26797 |
| (D), (E), and (F) of section 3317.022, divisions (J), (P), and (R) | 26798 |
| of section 3317.024, and sections 3317.029, | 26799 |
| 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of | 26800 |
| the Revised Code after making the adjustments required by sections | 26801 |
| 3313.981 and 3313.979, divisions (B), (C), (D), (E), (K), (L), | 26802 |
| (M), (N), and (O) of section 3317.023, and division (C) of section | 26803 |
| 3317.20 of the Revised Code. | 26804 |
| (B) The state board of education shall adopt rules requiring | 26805 |
| both of the following: | 26806 |
| (1) The board of education of each city, exempted village, | 26807 |
| and local school district to annually report the number of | 26808 |
| students entitled to attend school in the district who are | 26809 |
| enrolled in grades one through twelve in a community school | 26810 |
| established under this chapter, the number of students entitled to | 26811 |
| attend school in the district who are enrolled in kindergarten in | 26812 |
| a community school, the number of those kindergartners who are | 26813 |
| enrolled in all-day kindergarten in their community school, and | 26814 |
| for each child, the community school in which the child is | 26815 |
| enrolled. | 26816 |
| (2) The governing authority of each community school | 26817 |
| established under this chapter to annually report all of the | 26818 |
| following: | 26819 |
| (a) The number of students enrolled in grades one through | 26820 |
| twelve and the number of students enrolled in kindergarten in the | 26821 |
| school who are not receiving special education and related | 26822 |
| services pursuant to an IEP; | 26823 |
| (b) The number of enrolled students in grades one through | 26824 |
| twelve and the number of enrolled students in kindergarten, who | 26825 |
| are receiving special education and related services pursuant to | 26826 |
| an IEP; | 26827 |
| (c) The number of students reported under division (B)(2)(b) | 26828 |
| of this section receiving special education and related services | 26829 |
| pursuant to an IEP for a handicap described in each of divisions | 26830 |
| (A) to (F) of section 3317.013 of the Revised Code; | 26831 |
| (d) The full-time equivalent number of students reported | 26832 |
| under divisions (B)(2)(a) and (b) of this section who are enrolled | 26833 |
| in vocational education programs or classes described in each of | 26834 |
| divisions (A) and (B) of section 3317.014 of the Revised Code that | 26835 |
| are provided by the community school; | 26836 |
| (e) Twenty per cent of the number of students reported under | 26837 |
| divisions (B)(2)(a) and (b) of this section who are not reported | 26838 |
| under division (B)(2)(d) of this section but who are enrolled in | 26839 |
| vocational education programs or classes described in each of | 26840 |
| divisions (A) and (B) of section 3317.014 of the Revised Code at a | 26841 |
| joint vocational school district under a contract between the | 26842 |
| community school and the joint vocational school district and are | 26843 |
| entitled to attend school in a city, local, or exempted village | 26844 |
| school district whose territory is part of the territory of the | 26845 |
| joint vocational district; | 26846 |
| (f) The number of enrolled preschool handicapped students | 26847 |
| receiving special education services in a state-funded unit; | 26848 |
| (g) The community school's base formula amount; | 26849 |
| (h) For each student, the city, exempted village, or local | 26850 |
| school district in which the student is entitled to attend school; | 26851 |
| (i) Any | 26852 |
| applies to a school year. | 26853 |
| (C) From the SF-3 payment made to a city, exempted village, | 26854 |
| or local school district and, if necessary, from the payment made | 26855 |
| to the district under sections 321.24 and 323.156 of the Revised | 26856 |
| Code, the department of education shall annually subtract the sum | 26857 |
| of the
amounts described in divisions (C)(1) to | 26858 |
| section. However, when deducting payments on behalf of students | 26859 |
| enrolled in internet- or computer-based community schools, the | 26860 |
| department shall deduct only those amounts described in divisions | 26861 |
| (C)(1) and (2) of this section. Furthermore, the aggregate amount | 26862 |
| deducted under this division shall not exceed the sum of the | 26863 |
| district's SF-3 payment and its payment under sections 321.24 and | 26864 |
| 323.156 of the Revised Code. | 26865 |
| (1) An amount equal to the sum of the amounts obtained when, | 26866 |
| for each community school where the district's students are | 26867 |
| enrolled, the number of the district's students reported under | 26868 |
| divisions (B)(2)(a), (b), and (e) of this section who are enrolled | 26869 |
| in grades one through twelve, and one-half the number of students | 26870 |
| reported under those divisions who are enrolled in kindergarten, | 26871 |
| in that community school is multiplied by the greater of the | 26872 |
| following: | 26873 |
| (a) The fiscal year 2005 base formula amount of that | 26874 |
| community school as adjusted by the school district's fiscal year | 26875 |
| 2005 cost-of-doing-business factor; | 26876 |
| (b) The sum of (the current base formula amount of that | 26877 |
| community school times the school district's current | 26878 |
| cost-of-doing-business factor) plus the per pupil amount of the | 26879 |
| base funding supplements specified in divisions (C)(1) to (4) of | 26880 |
| section 3317.012 of the Revised Code. | 26881 |
| (2) The sum of the amounts calculated under divisions | 26882 |
| (C)(2)(a) and (b) of this section: | 26883 |
| (a) For each of the district's students reported under | 26884 |
| division (B)(2)(c) of this section as enrolled in a community | 26885 |
| school in grades one through twelve and receiving special | 26886 |
| education and related services pursuant to an IEP for a handicap | 26887 |
| described in section 3317.013 of the Revised Code, the product of | 26888 |
| the applicable special education weight times the community | 26889 |
| school's base formula amount; | 26890 |
| (b) For each of the district's students reported under | 26891 |
| division (B)(2)(c) of this section as enrolled in kindergarten in | 26892 |
| a community school and receiving special education and related | 26893 |
| services pursuant to an IEP for a handicap described in section | 26894 |
| 3317.013 of the Revised Code, one-half of the amount calculated as | 26895 |
| prescribed in division (C)(2)(a) of this section. | 26896 |
| (3) For each of the district's students reported under | 26897 |
| division (B)(2)(d) of this section for whom payment is made under | 26898 |
| division (D)(4) of this section, the amount of that payment; | 26899 |
| (4) An amount equal to the sum of the amounts obtained when, | 26900 |
| for each community school where the district's students are | 26901 |
| enrolled, the number of the district's students enrolled in that | 26902 |
|
community school
who are included in the district's | 26903 |
| student count is multiplied by the per pupil amount of | 26904 |
| 26905 | |
| district receives that year pursuant to division (B) or (C) of | 26906 |
| section 3317.029 of
the
Revised
Code, as
adjusted by any | 26907 |
| poverty-based assistance reduction factor of that community | 26908 |
|
school.
If
the district receives
| 26909 |
| poverty-based assistance under division (B) of that section, the | 26910 |
| per pupil amount of that aid is the quotient of the amount the | 26911 |
| district received under that division divided by the district's | 26912 |
| 26913 | |
|
district receives
| 26914 |
| assistance under division (C) of section 3317.029 of the Revised | 26915 |
|
Code, the
per pupil
amount
of that aid | 26916 |
| 26917 | |
| 26918 |
| (5) An amount equal to the sum of the amounts obtained when, | 26919 |
| for each community school where the district's students are | 26920 |
| enrolled, the district's per pupil amount of aid received under | 26921 |
| division (E) of section 3317.029 of the Revised Code, as adjusted | 26922 |
|
by any
| 26923 |
| community school, is multiplied by the sum of the following: | 26924 |
| (a) The number of the district's students reported under | 26925 |
| division (B)(2)(a) of this section who are enrolled in grades one | 26926 |
| to three in that community school and who are not receiving | 26927 |
| special education and related services pursuant to an IEP; | 26928 |
| (b) One-half of the district's students who are enrolled in | 26929 |
| all-day or any other kindergarten class in that community school | 26930 |
| and who are not receiving special education and related services | 26931 |
| pursuant to an IEP; | 26932 |
| (c) One-half of the district's students who are enrolled in | 26933 |
| all-day kindergarten in that community school and who are not | 26934 |
| receiving special education and related services pursuant to an | 26935 |
| IEP. | 26936 |
| The district's per pupil amount of aid under division (E) of | 26937 |
| section 3317.029 of the Revised Code is the quotient of the amount | 26938 |
| the district received under that division divided by the | 26939 |
| district's kindergarten through third grade ADM, as defined in | 26940 |
| that section. | 26941 |
| (6) An amount equal to the sum of the amounts obtained when, | 26942 |
| for each community school where the district's students are | 26943 |
| enrolled, the district's per pupil amount received under division | 26944 |
| (F) of section 3317.029 of the Revised Code, as adjusted by any | 26945 |
| poverty-based assistance reduction factor of that community | 26946 |
| school, is multiplied by the number of the district's students | 26947 |
| enrolled in the community school who are identified as | 26948 |
| limited-English proficient. | 26949 |
| The district's per pupil amount under division (F) of section | 26950 |
| 3317.029 of the Revised Code is the amount calculated under | 26951 |
| division (F)(1) or (2) of that section, times a multiple of 0.40 | 26952 |
| in fiscal year 2006 and 0.70 in fiscal year 2007. | 26953 |
| (7) An amount equal to the sum of the amounts obtained when, | 26954 |
| for each community school where the district's students are | 26955 |
| enrolled, the district's per pupil amount received under division | 26956 |
| (G) of section 3317.029 of the Revised Code, as adjusted by any | 26957 |
| poverty-based assistance reduction factor of that community | 26958 |
| school, is multiplied by the sum of the following: | 26959 |
| (a) The number of the district's students enrolled in grades | 26960 |
| one through twelve in that community school; | 26961 |
| (b) One-half of the number of the district's students | 26962 |
| enrolled in kindergarten in that community school. | 26963 |
| The district's per pupil amount under division (G) of section | 26964 |
| 3317.029 of the Revised Code is the district's amount per teacher | 26965 |
| calculated under division (G)(1) or (2) of that section divided by | 26966 |
| 17, times a multiple of 0.40 in fiscal year 2006 and 0.70 in | 26967 |
| fiscal year 2007. | 26968 |
| (8) An amount equal to the sum of the amounts obtained when, | 26969 |
| for each community school where the district's students are | 26970 |
| enrolled, the district's per pupil amount received under divisions | 26971 |
| (H) and (I) of section 3317.029 of the Revised Code, as adjusted | 26972 |
| by any poverty-based assistance reduction factor of that community | 26973 |
| school, is multiplied by the sum of the following: | 26974 |
| (a) The number of the district's students enrolled in grades | 26975 |
| one through twelve in that community school; | 26976 |
| (b) One-half of the number of the district's students | 26977 |
| enrolled in kindergarten in that community school. | 26978 |
| The district's per pupil amount under divisions (H) and (I) | 26979 |
| of section 3317.029 of the Revised Code is the amount calculated | 26980 |
| under each division divided by the district's formula ADM, as | 26981 |
| defined in section 3317.02 of the Revised Code. | 26982 |
| (9) An amount equal to the per pupil state parity aid funding | 26983 |
| calculated for the school district under either division (C) or | 26984 |
| (D) of section 3317.0217 of the Revised Code multiplied by the sum | 26985 |
| of the number of students in grades one through twelve, and | 26986 |
| one-half of the number of students in kindergarten, who are | 26987 |
| entitled to attend school in the district and are enrolled in a | 26988 |
| community school as reported under division (B)(1) of this | 26989 |
| section. | 26990 |
| (D) The department shall annually pay to a community school | 26991 |
| established under this chapter the sum of the amounts described in | 26992 |
| divisions (D)(1) to | 26993 |
| department shall calculate and pay to each internet- or | 26994 |
| computer-based community school only the amounts described in | 26995 |
| divisions (D)(1) to (3) of this section. Furthermore, the sum of | 26996 |
| the payments to all community schools under divisions (D)(1), (2), | 26997 |
| and (4) | 26998 |
| students entitled to attend school in any particular school | 26999 |
| district shall not exceed the sum of that district's SF-3 payment | 27000 |
| and its payment under sections 321.24 and 323.156 of the Revised | 27001 |
| Code. If the sum of the payments calculated under those divisions | 27002 |
| for the students entitled to attend school in a particular school | 27003 |
| district exceeds the sum of that district's SF-3 payment and its | 27004 |
| payment under sections 321.24 and 323.156 of the Revised Code, the | 27005 |
| department shall calculate and apply a proration factor to the | 27006 |
| payments to all community schools under those divisions for the | 27007 |
| students entitled to attend school in that district. | 27008 |
| (1) | 27009 |
| amount equal to the sum of the amounts obtained when the number of | 27010 |
| students enrolled in grades one through twelve, plus one-half of | 27011 |
| the kindergarten students in the school, reported under divisions | 27012 |
| (B)(2)(a), (b), and (e) of this section who are not receiving | 27013 |
| special education and related services pursuant to an IEP for a | 27014 |
| handicap described in section 3317.013 of the Revised Code is | 27015 |
| multiplied by the greater of the following: | 27016 |
| (a) The community school's fiscal year 2005 base formula | 27017 |
| amount, as adjusted by the fiscal year 2005 cost-of-doing-business | 27018 |
| factor of the school district in which the student is entitled to | 27019 |
| attend school; | 27020 |
| (b) The sum of (the community school's current base formula | 27021 |
| amount times the current cost-of-doing-business factor of the | 27022 |
| school district in which the student is entitled to attend school) | 27023 |
| plus the per pupil amount of the base funding supplements | 27024 |
| specified in divisions (C)(1) to (4) of section 3317.012 of the | 27025 |
| Revised Code. | 27026 |
| (2) | 27027 |
| 27028 | |
| this section, and in fiscal year 2007 and thereafter, the amount | 27029 |
| calculated under division (D)(2)(b) of this section: | 27030 |
| (a) The aggregate amount that the department paid to the | 27031 |
| community school in fiscal year 1999 for students receiving | 27032 |
| special education and related services pursuant to IEPs, excluding | 27033 |
| federal funds and state disadvantaged pupil impact aid funds; | 27034 |
| (b) The sum of the amounts calculated under divisions | 27035 |
| (D)(2)(b)(i) and (ii) of this section: | 27036 |
| (i) For each student reported under division (B)(2)(c) of | 27037 |
| this section as enrolled in the school in grades one through | 27038 |
| twelve and receiving special education and related services | 27039 |
| pursuant to an IEP for a handicap described in section 3317.013 of | 27040 |
| the Revised Code, the following amount: | 27041 |
| 27042 | |
| 27043 |
| 27044 |
| 27045 |
| 27046 | |
| 27047 | |
| 27048 | |
| 27049 | |
| 27050 | |
| 27051 |
| 27052 |
| 27053 |
| (ii) For each student reported under division (B)(2)(c) of | 27054 |
| this section as enrolled in kindergarten and receiving special | 27055 |
| education and related services pursuant to an IEP for a handicap | 27056 |
| described in section 3317.013 of the Revised Code, one-half of the | 27057 |
| amount calculated under the formula prescribed in division | 27058 |
| (D)(2)(b)(i) of this section. | 27059 |
| (3) An amount received from federal funds to provide special | 27060 |
| education and related services to students in the community | 27061 |
| school, as determined by the superintendent of public instruction. | 27062 |
| (4) For each student reported under division (B)(2)(d) of | 27063 |
| this section as enrolled in vocational education programs or | 27064 |
| classes that are described in section 3317.014 of the Revised | 27065 |
| Code, are provided by the community school, and are comparable as | 27066 |
| determined by the superintendent of public instruction to school | 27067 |
| district vocational education programs and classes eligible for | 27068 |
| state weighted funding under section 3317.014 of the Revised Code, | 27069 |
| an amount equal to the applicable vocational education weight | 27070 |
| times the community school's base formula amount times the | 27071 |
| percentage of time the student spends in the vocational education | 27072 |
| programs or classes. | 27073 |
| (5) An amount equal to the sum of the amounts obtained when, | 27074 |
| for each school district where the community school's students are | 27075 |
| entitled to attend school, the number of that district's students | 27076 |
| enrolled in the community school who are included in the | 27077 |
|
district's | 27078 |
| pupil
amount of | 27079 |
| assistance that school district receives that year pursuant to | 27080 |
| division (B) or (C) of section 3317.029 of the Revised Code, as | 27081 |
|
adjusted by
any | 27082 |
| the community school. The per pupil amount of aid shall be | 27083 |
| determined as described in division (C)(4) of this section. | 27084 |
| (6) An amount equal to the sum of the amounts obtained when, | 27085 |
| for each school district where the community school's students are | 27086 |
| entitled to attend school, the district's per pupil amount of aid | 27087 |
| received under division (E) of section 3317.029 of the Revised | 27088 |
|
Code, as adjusted by any | 27089 |
| factor of the community school, is multiplied by the sum of the | 27090 |
| following: | 27091 |
| (a) The number of the district's students reported under | 27092 |
| division (B)(2)(a) of this section who are enrolled in grades one | 27093 |
| to three in that community school and who are not receiving | 27094 |
| special education and related services pursuant to an IEP; | 27095 |
| (b) One-half of the district's students who are enrolled in | 27096 |
| all-day or any other kindergarten class in that community school | 27097 |
| and who are not receiving special education and related services | 27098 |
| pursuant to an IEP; | 27099 |
| (c) One-half of the district's students who are enrolled in | 27100 |
| all-day kindergarten in that community school and who are not | 27101 |
| receiving special education and related services pursuant to an | 27102 |
| IEP. | 27103 |
| The district's per pupil amount of aid under division (E) of | 27104 |
| section 3317.029 of the Revised Code shall be determined as | 27105 |
| described in division (C)(5) of this section. | 27106 |
| (7) An amount equal to the sum of the amounts obtained when, | 27107 |
| for each school district where the community school's students are | 27108 |
| entitled to attend school, the number of that district's students | 27109 |
| enrolled in the community school who are identified as | 27110 |
| limited-English proficient is multiplied by the district's per | 27111 |
| pupil amount received under division (F) of section 3317.029 of | 27112 |
| the Revised Code, as adjusted by any poverty-based assistance | 27113 |
| reduction factor of the community school. | 27114 |
| The district's per pupil amount under division (F) of section | 27115 |
| 3317.029 of the Revised Code shall be determined as described in | 27116 |
| division (C)(6) of this section. | 27117 |
| (8) An amount equal to the sum of the amounts obtained when, | 27118 |
| for each school district where the community school's students are | 27119 |
| entitled to attend school, the district's per pupil amount | 27120 |
| received under division (G) of section 3317.029 of the Revised | 27121 |
| Code, as adjusted by any poverty-based assistance reduction factor | 27122 |
| of the community school, is multiplied by the sum of the | 27123 |
| following: | 27124 |
| (a) The number of the district's students enrolled in grades | 27125 |
| one through twelve in that community school; | 27126 |
| (b) One-half of the number of the district's students | 27127 |
| enrolled in kindergarten in that community school. | 27128 |
| The district's per pupil amount under division (G) of section | 27129 |
| 3317.029 of the Revised Code shall be determined as described in | 27130 |
| division (C)(7) of this section. | 27131 |
| (9) An amount equal to the sum of the amounts obtained when, | 27132 |
| for each school district where the community school's students are | 27133 |
| entitled to attend school, the district's per pupil amount | 27134 |
| received under divisions (H) and (I) of section 3317.029 of the | 27135 |
| Revised Code, as adjusted by any poverty-based assistance | 27136 |
| reduction factor of the community school, is multiplied by the sum | 27137 |
| of the following: | 27138 |
| (a) The number of the district's students enrolled in grades | 27139 |
| one through twelve in that community school; | 27140 |
| (b) One-half of the number of the district's students | 27141 |
| enrolled in kindergarten in that community school. | 27142 |
| The district's per pupil amount under divisions (H) and (I) | 27143 |
| of section 3317.029 of the Revised Code shall be determined as | 27144 |
| described in division (C)(8) of this section. | 27145 |
| (10) An amount equal to the sum of the amounts obtained when, | 27146 |
| for each school district where the community school's students are | 27147 |
| entitled to attend school, the district's per pupil amount of | 27148 |
| state parity aid funding calculated under either division (C) or | 27149 |
| (D) of section 3317.0217 of the Revised Code is multiplied by the | 27150 |
| sum of the number of that district's students enrolled in grades | 27151 |
| one through twelve, and one-half of the number of that district's | 27152 |
| students enrolled in kindergarten, in the community school as | 27153 |
| reported under division (B)(2)(a) and (b) of this section. | 27154 |
| (E)(1) If a community school's costs for a fiscal year for a | 27155 |
| student receiving special education and related services pursuant | 27156 |
| to an IEP for a handicap described in divisions (B) to (F) of | 27157 |
| section 3317.013 of the Revised Code exceed the threshold | 27158 |
| catastrophic cost for serving the student as specified in division | 27159 |
| (C)(3)(b) of section 3317.022 of the Revised Code, the school may | 27160 |
| submit to the superintendent of public instruction documentation, | 27161 |
| as prescribed by the superintendent, of all its costs for that | 27162 |
| student. Upon submission of documentation for a student of the | 27163 |
| type and in the manner prescribed, the department shall pay to the | 27164 |
| community school an amount equal to the school's costs for the | 27165 |
| student in excess of the threshold catastrophic costs. | 27166 |
| (2) The community school shall only report under division | 27167 |
| (E)(1) of this section, and the department shall only pay for, the | 27168 |
| costs of educational expenses and the related services provided to | 27169 |
| the student in accordance with the student's individualized | 27170 |
| education program. Any legal fees, court costs, or other costs | 27171 |
| associated with any cause of action relating to the student may | 27172 |
| not be included in the amount. | 27173 |
| (F) A community school may apply to the department of | 27174 |
| education for preschool handicapped or gifted unit funding the | 27175 |
| school would receive if it were a school district. Upon request of | 27176 |
| its governing authority, a community school that received unit | 27177 |
| funding as a school district-operated school before it became a | 27178 |
| community school shall retain any units awarded to it as a school | 27179 |
| district-operated school provided the school continues to meet | 27180 |
| eligibility standards for the unit. | 27181 |
| A community school shall be considered a school district and | 27182 |
| its governing authority shall be considered a board of education | 27183 |
| for the purpose of applying to any state or federal agency for | 27184 |
| grants that a school district may receive under federal or state | 27185 |
| law or any appropriations act of the general assembly. The | 27186 |
| governing authority of a community school may apply to any private | 27187 |
| entity for additional funds. | 27188 |
| (G) A board of education sponsoring a community school may | 27189 |
| utilize local funds to make enhancement grants to the school or | 27190 |
| may agree, either as part of the contract or separately, to | 27191 |
| provide any specific services to the community school at no cost | 27192 |
| to the school. | 27193 |
| (H) A community school may not levy taxes or issue bonds | 27194 |
| secured by tax revenues. | 27195 |
| (I) No community school shall charge tuition for the | 27196 |
| enrollment of any student. | 27197 |
| (J)(1)(a) A community school may borrow money to pay any | 27198 |
| necessary and actual expenses of the school in anticipation of the | 27199 |
| receipt of any portion of the payments to be received by the | 27200 |
| school pursuant to division (D) of this section. The school may | 27201 |
| issue notes to evidence such borrowing. The proceeds of the notes | 27202 |
| shall be used only for the purposes for which the anticipated | 27203 |
| receipts may be lawfully expended by the school. | 27204 |
| (b) A school may also borrow money for a term not to exceed | 27205 |
| fifteen years for the purpose of acquiring facilities. | 27206 |
| (2) Except for any amount guaranteed under section 3318.50 of | 27207 |
| the Revised Code, the state is not liable for debt incurred by the | 27208 |
| governing authority of a community school. | 27209 |
| (K) For purposes of determining the number of students for | 27210 |
| which divisions (D)(5) and (6) of this section applies in any | 27211 |
| school year, a community school may submit to the department of | 27212 |
| job and family services, no later than the first day of March, a | 27213 |
| list of the students enrolled in the school. For each student on | 27214 |
| the list, the community school shall indicate the student's name, | 27215 |
| address, and date of birth and the school district where the | 27216 |
| student is entitled to attend school. Upon receipt of a list under | 27217 |
| this division, the department of job and family services shall | 27218 |
| determine, for each school district where one or more students on | 27219 |
| the list is entitled to attend school, the number of students | 27220 |
| residing in that school district who were included in the | 27221 |
| department's report under section 3317.10 of the Revised Code. The | 27222 |
| department shall make this determination on the basis of | 27223 |
| information readily available to it. Upon making this | 27224 |
| determination and no later than ninety days after submission of | 27225 |
| the list by the community school, the department shall report to | 27226 |
| the state department of education the number of students on the | 27227 |
| list who reside in each school district who were included in the | 27228 |
| department's report under section 3317.10 of the Revised Code. In | 27229 |
| complying with this division, the department of job and family | 27230 |
| services shall not report to the state department of education any | 27231 |
| personally identifiable information on any student. | 27232 |
| (L) The department of education shall adjust the amounts | 27233 |
| subtracted and paid under divisions (C) and (D) of this section to | 27234 |
| reflect any enrollment of students in community schools for less | 27235 |
| than the equivalent of a full school year. The state board of | 27236 |
| education within ninety days after April 8, 2003, shall adopt in | 27237 |
| accordance with Chapter 119. of the Revised Code rules governing | 27238 |
| the payments to community schools under this section including | 27239 |
| initial payments in a school year and adjustments and reductions | 27240 |
| made in subsequent periodic payments to community schools and | 27241 |
| corresponding deductions from school district accounts as provided | 27242 |
| under divisions (C) and (D) of this section. For purposes of this | 27243 |
| section: | 27244 |
| (1) A student shall be considered enrolled in the community | 27245 |
| school for any portion of the school year the student is | 27246 |
| participating at a college under Chapter 3365. of the Revised | 27247 |
| Code. | 27248 |
| (2) A student shall be considered to be enrolled in a | 27249 |
| community school during a school year for the period of time | 27250 |
| 27251 | |
| both has received documentation of the student's enrollment from a | 27252 |
| parent and the student has commenced participation in learning | 27253 |
| opportunities as defined in the contract with the sponsor, or | 27254 |
| thirty days prior to the date on which the student is entered into | 27255 |
| the education management information system established under | 27256 |
| section 3301.0714 of the Revised Code. For purposes of applying | 27257 |
| this division to a community school student, "learning | 27258 |
| opportunities" shall be defined in the contract, which shall | 27259 |
| describe both classroom-based and non-classroom-based learning | 27260 |
| opportunities and shall be in compliance with criteria and | 27261 |
| documentation requirements for student participation which shall | 27262 |
| be established by the department. Any student's instruction time | 27263 |
| in non-classroom-based learning opportunities shall be certified | 27264 |
| by an employee of the community school. A student's enrollment | 27265 |
| shall be considered to cease on the date on which any of the | 27266 |
| following occur: | 27267 |
| (a) The community school receives documentation from a parent | 27268 |
| terminating enrollment of the student. | 27269 |
| (b) The community school is provided documentation of a | 27270 |
| student's enrollment in another public or private school. | 27271 |
| (c) The community school ceases to offer learning | 27272 |
| opportunities to the student pursuant to the terms of the contract | 27273 |
| with the sponsor or the operation of any provision of this | 27274 |
| chapter. | 27275 |
| (3) A student's percentage of full-time equivalency shall be | 27276 |
| considered to be the percentage the hours of learning opportunity | 27277 |
| offered to that student is of nine hundred and twenty hours. | 27278 |
| However, no internet- or computer-based community school shall be | 27279 |
| credited for any time a student spends participating in learning | 27280 |
| opportunities beyond ten hours within any period of twenty-four | 27281 |
| consecutive hours. | 27282 |
| (M) The department of education shall reduce the amounts paid | 27283 |
| under division (D) of this section to reflect payments made to | 27284 |
| colleges under division (B) of section 3365.07 of the Revised | 27285 |
| Code. | 27286 |
| (N)(1) No student shall be considered enrolled in any | 27287 |
| internet- or computer-based community school or, if applicable to | 27288 |
| the student, in any community school that is required to provide | 27289 |
| the student with a computer pursuant to division (C) of section | 27290 |
| 3314.22 of the Revised Code, unless both of the following | 27291 |
| conditions are satisfied: | 27292 |
| (a) The student possesses or has been provided with all | 27293 |
| required hardware and software materials and all such materials | 27294 |
| are operational so that the student is capable of fully | 27295 |
| participating in the learning opportunities specified in the | 27296 |
| contract between the school and the school's sponsor as required | 27297 |
| by division (A)(23) of section 3314.03 of the Revised Code; | 27298 |
| (b) The school is in compliance with division (A)(1) or (2) | 27299 |
| of section
| 27300 |
| student. | 27301 |
| (2) In accordance with policies adopted jointly by the | 27302 |
| superintendent of public instruction and the auditor of state, the | 27303 |
| department shall reduce the amounts otherwise payable under | 27304 |
|
division (D) of
this
section to any
| 27305 |
| community school that includes in its program the provision of | 27306 |
|
computer
hardware and
software materials to | 27307 |
| such hardware and software materials have not been delivered, | 27308 |
|
installed, and
activated for
| 27309 |
| timely manner or other educational materials or services have not | 27310 |
| been provided according to the contract between the individual | 27311 |
| community school and its sponsor. | 27312 |
| The superintendent of public instruction and the auditor of | 27313 |
| state shall jointly establish a method for auditing any community | 27314 |
| school to which this division pertains to ensure compliance with | 27315 |
| this section. | 27316 |
| The superintendent, auditor of state, and the governor shall | 27317 |
| jointly make recommendations to the general assembly for | 27318 |
| legislative changes that may be required to assure fiscal and | 27319 |
|
academic
accountability for such
| 27320 |
| schools. | 27321 |
| (O)(1) If the department determines that a review of a | 27322 |
| community school's enrollment is necessary, such review shall be | 27323 |
| completed and written notice of the findings shall be provided to | 27324 |
| the governing authority of the community school and its sponsor | 27325 |
| within ninety days of the end of the community school's fiscal | 27326 |
| year, unless extended for a period not to exceed thirty additional | 27327 |
| days for one of the following reasons: | 27328 |
| (a) The department and the community school mutually agree to | 27329 |
| the extension. | 27330 |
| (b) Delays in data submission caused by either a community | 27331 |
| school or its sponsor. | 27332 |
| (2) If the review results in a finding that additional | 27333 |
| funding is owed to the school, such payment shall be made within | 27334 |
| thirty days of the written notice. If the review results in a | 27335 |
| finding that the community school owes moneys to the state, the | 27336 |
| following procedure shall apply: | 27337 |
| (a) Within ten business days of the receipt of the notice of | 27338 |
| findings, the community school may appeal the department's | 27339 |
| determination to the state board of education or its designee. | 27340 |
| (b) The board or its designee shall conduct an informal | 27341 |
| hearing on the matter within thirty days of receipt of such an | 27342 |
| appeal and shall issue a decision within fifteen days of the | 27343 |
| conclusion of the hearing. | 27344 |
| (c) If the board has enlisted a designee to conduct the | 27345 |
| hearing, the designee shall certify its decision to the board. The | 27346 |
| board may accept the decision of the designee or may reject the | 27347 |
| decision of the designee and issue its own decision on the matter. | 27348 |
| (d) Any decision made by the board under this division is | 27349 |
| final. | 27350 |
| (3) If it is decided that the community school owes moneys to | 27351 |
| the state, the department shall deduct such amount from the | 27352 |
| school's future payments in accordance with guidelines issued by | 27353 |
| the superintendent of public instruction. | 27354 |
| Sec. 3314.084. (A) As used in this section: | 27355 |
| (1) "Formula ADM" has the same meaning as in section 3317.03 | 27356 |
| of the Revised Code. | 27357 |
| (2) "Home" has the same meaning as in section 3313.64 of the | 27358 |
| Revised Code. | 27359 |
| (3) "School district of residence" has the same meaning as in | 27360 |
| section 3323.01 of the Revised Code; however, a community school | 27361 |
| established under this chapter is not a "school district of | 27362 |
| residence" for purposes of this section. | 27363 |
| (B) Notwithstanding anything to the contrary in section | 27364 |
| 3314.08 or 3317.03 of the Revised Code, all of the following apply | 27365 |
| in the case of a child who is enrolled in a community school and | 27366 |
| is also living in a home: | 27367 |
| (1) For purposes of the report required under division (B)(1) | 27368 |
| of section 3314.08 of the Revised Code, the child's school | 27369 |
| district of residence, and not the school district in which the | 27370 |
| home that the child is living in is located, shall be considered | 27371 |
| to be the school district in which the child is entitled to attend | 27372 |
| school. That school district of residence, therefore, shall make | 27373 |
| the report required under division (B)(1) of section 3314.08 of | 27374 |
| the Revised Code with respect to the child. | 27375 |
| (2) For purposes of the report required under division (B)(2) | 27376 |
| of section 3314.08 of the Revised Code, the community school shall | 27377 |
| report the name of the child's school district of residence. | 27378 |
| (3) The child's school district of residence shall count the | 27379 |
| child in that district's formula ADM. | 27380 |
| (4) The school district in which the home that the child is | 27381 |
| living in is located shall not count the child in that district's | 27382 |
| formula ADM. | 27383 |
| (5) The Department of Education shall deduct the applicable | 27384 |
| amounts prescribed under division (C) of section 3314.08 and | 27385 |
| division (D) of section 3314.13 of the Revised Code from the | 27386 |
| child's school district of residence and shall not deduct those | 27387 |
| amounts from the school district in which the home that the child | 27388 |
| is living in is located. | 27389 |
| (6) The Department shall make the payments prescribed in | 27390 |
| divisions (D) and (E) of section 3314.08 and section 3314.13 of | 27391 |
| the Revised Code, as applicable, to the community school. | 27392 |
| Sec. 3314.085. (A) In each fiscal year beginning in fiscal | 27393 |
| year 2007, each internet- or computer-based community school shall | 27394 |
| spend for pupil instruction at least the amount per pupil | 27395 |
| designated in division (B)(1) of section 3317.012 of the Revised | 27396 |
| Code as the amount for base classroom teachers. For this purpose, | 27397 |
| expenditures for pupil instruction include expenditures for | 27398 |
| teachers, curriculum, academic materials other than computers, and | 27399 |
| any other instructional purposes designated in the rules adopted | 27400 |
| under this section. Expenditures to provide the computer hardware | 27401 |
| and filtering software required by sections 3314.21 and 3314.22 of | 27402 |
| the Revised Code do not qualify as pupil instruction for purposes | 27403 |
| of this section. | 27404 |
| (B) Beginning in fiscal year 2007, each internet- or | 27405 |
| computer-based community school annually shall report data to the | 27406 |
| department of education concerning its expenditures for pupil | 27407 |
| instruction. Each school shall report the data in the form and | 27408 |
| manner required by the department. | 27409 |
| (C) If the department determines, after offering the school | 27410 |
| an opportunity for a hearing in accordance with Chapter 119. of | 27411 |
| the Revised Code, that an internet- or computer-based community | 27412 |
| school has failed in any fiscal year to comply with division (A) | 27413 |
| or (B) of this section, the department shall assess a fine against | 27414 |
| the school equivalent to the greater of the following: | 27415 |
| (1) Five per cent of the total state payments to the school | 27416 |
| under this chapter for the fiscal year in which the failure | 27417 |
| occurred; | 27418 |
| (2) The difference between the amount the department | 27419 |
| determines the school was required to have spent for pupil | 27420 |
| instruction and the amount the department determines the school | 27421 |
| actually spent for pupil instruction. | 27422 |
| The department's methods of collecting the fine may include | 27423 |
| withholding state payments under this chapter in the current or | 27424 |
| subsequent fiscal year. | 27425 |
| The department may cancel a fine it has imposed under this | 27426 |
| section if the school submits a plan for coming into compliance | 27427 |
| with the requirements of this section that the department | 27428 |
| approves, and the school demonstrates to the department's | 27429 |
| satisfaction that it is implementing the plan. | 27430 |
| (D) The superintendent of public instruction shall adopt | 27431 |
| rules in accordance with Chapter 119. of the Revised Code | 27432 |
| specifying expenditures that qualify as expenditures for pupil | 27433 |
| instruction for purposes of this section. | 27434 |
| Sec. 3314.12. On or before the first day of November each | 27435 |
| year, the sponsor of each community school established under this | 27436 |
| chapter shall submit to the department of education, in accordance | 27437 |
| with guidelines adopted by the department for purposes of this | 27438 |
| section, a report that describes the special education and related | 27439 |
| services provided by that school to enrolled students during the | 27440 |
| previous fiscal year and the school's expenditures for those | 27441 |
| services. | 27442 |
| Sec. 3314.13. (A) As used in this section: | 27443 |
| (1) "All-day kindergarten" has the same meaning as in section | 27444 |
| 3317.029 of the Revised Code. | 27445 |
| (2) "Formula amount" has the same meaning as in section | 27446 |
| 3317.02 of the Revised Code. | 27447 |
| (B) | 27448 |
| the department of education annually shall pay each community | 27449 |
| school established under this chapter one-half of the formula | 27450 |
| amount for each student to whom both of the following apply: | 27451 |
| (1) The student is entitled to attend school under section | 27452 |
| 3313.64 or 3313.65 of the Revised Code in a school district that | 27453 |
| is eligible to receive a payment under division (D) of section | 27454 |
| 3317.029 of the Revised Code if it provides all-day kindergarten; | 27455 |
| (2) The student is reported by the community school as | 27456 |
| enrolled in all-day kindergarten at the community school. | 27457 |
| (C) The department shall make no payments under this section | 27458 |
| to any internet- or computer-based community school. | 27459 |
| (D) If a student for whom payment is made under division (B) | 27460 |
| of this section is entitled to attend school in a district that | 27461 |
| receives any payment for all-day kindergarten under division (D) | 27462 |
| of section 3317.029 of the Revised Code, the department shall | 27463 |
| deduct the payment to the community school under this section from | 27464 |
| the amount paid that school district under that division. If that | 27465 |
| school district does not receive payment for all-day kindergarten | 27466 |
| under that division because it does not provide all-day | 27467 |
| kindergarten, the department shall pay the community school from | 27468 |
|
state
funds appropriated generally for | 27469 |
| 27470 |
| | 27471 |
| school districts and paid to community schools under this section | 27472 |
| to reflect any enrollments of students in all-day kindergarten in | 27473 |
| community schools for less than the equivalent of a full school | 27474 |
| year. | 27475 |
| | 27476 |
| (1) "Harmful to juveniles" has the same meaning as in section | 27477 |
| 2907.01 of the Revised Code. | 27478 |
| (2) "Obscene" has the same meaning as in division (F) of | 27479 |
| section 2907.01 of the Revised Code as that division has been | 27480 |
| construed by the supreme court of this state. | 27481 |
| (3) "Teacher of record" means a teacher who is responsible | 27482 |
| for the overall academic development and achievement of a student | 27483 |
| and not merely the student's instruction in any single subject. | 27484 |
| (B)(1)It is the intent of the general assembly that teachers | 27485 |
| employed by internet- or computer-based community schools conduct | 27486 |
| visits with their students in person throughout the school year . | 27487 |
| (2) Each internet- or computer-based community school shall | 27488 |
| retain an affiliation with at least one full-time teacher of | 27489 |
| record licensed in accordance with division (A)(10) of section | 27490 |
| 3314.03 of the Revised Code. | 27491 |
| (3) Each student enrolled in an internet- or computer-based | 27492 |
| community school shall be assigned to at least one teacher of | 27493 |
| record. No teacher of record shall be primarily responsible for | 27494 |
| the academic development and achievement of more than one hundred | 27495 |
| twenty-five students enrolled in the internet- or computer-based | 27496 |
| community school that has retained that teacher. | 27497 |
| (C) For any internet- or computer-based community school, the | 27498 |
| contract between the sponsor and the governing authority of the | 27499 |
| school described in section 3314.03 of the Revised Code shall | 27500 |
| specify each of the following: | 27501 |
| (1) A requirement that the school use a filtering device or | 27502 |
| install filtering software that protects against internet access | 27503 |
| to materials that are obscene or harmful to juveniles on each | 27504 |
| computer provided to students for instructional use. The school | 27505 |
| shall provide such device or software at no cost to any student | 27506 |
| who works primarily from the student's residence on a computer | 27507 |
| obtained from a source other than the school. | 27508 |
| (2) A plan for fulfilling the intent of the general assembly | 27509 |
| specified in division (B)(1) of this section. The plan shall | 27510 |
| indicate the number of times teachers will visit each student | 27511 |
| throughout the school year and the manner in which those visits | 27512 |
| will be conducted. | 27513 |
| (3) That the school will set up a central base of operation | 27514 |
| and the sponsor will maintain a representative within fifty miles | 27515 |
| of that base of operation to provide monitoring and assistance. | 27516 |
| | 27517 |
| internet- or computer-based community school is entitled to a | 27518 |
| computer supplied by the school. In no case shall an internet- or | 27519 |
| computer-based community school provide a stipend or other | 27520 |
| substitute to an enrolled child or the child's parent in lieu of | 27521 |
| supplying a computer to the child. The prohibition contained in | 27522 |
| the preceding sentence is intended to clarify the meaning of this | 27523 |
| division as it existed prior to the effective date of this | 27524 |
| amendment and is not intended to change that meaning in any way. | 27525 |
| (2) Notwithstanding division (A)(1) of this section, if more | 27526 |
|
than one child living in a single | 27527 |
| in an internet- or computer-based community school, at the option | 27528 |
| of the parent of those children, the school may supply less than | 27529 |
| one computer per child, as long as at least one computer is | 27530 |
| supplied
to the | 27531 |
| decision to accept less than one computer per child anytime during | 27532 |
| the school year, and, in such case, within thirty days after the | 27533 |
| parent notifies the school of such amendment, the school shall | 27534 |
| provide any additiona1 computers requested by the parent up to the | 27535 |
| number necessary to comply with division (A)(1) of this section. | 27536 |
| (B) Each internet- or computer-based community school shall | 27537 |
| provide to each parent who is considering enrolling the parent's | 27538 |
| child in the school and to the parent of each child already | 27539 |
| enrolled in the school a written notice of the provisions | 27540 |
| prescribed in divisions (A)(1) and (2) of this section. | 27541 |
| (C) If a community school that is not an internet- or | 27542 |
| computer-based community school provides any of its enrolled | 27543 |
| students with nonclassroom-based learning opportunities provided | 27544 |
| via an internet- or other computer-based instructional method and | 27545 |
| requires such students to participate in any of those learning | 27546 |
| opportunities from their residences, the school shall be subject | 27547 |
| to this section and division (C)(1) of section 3314.21 of the | 27548 |
| Revised Code relative to each such student in the same manner as | 27549 |
| an internet- or computer-based community school, unless both of | 27550 |
| the following conditions apply to the student: | 27551 |
| (1) The nonclassroom-based learning opportunities in which | 27552 |
| the student is required to participate from the student's | 27553 |
| residence are supplemental in nature or do not constitute a | 27554 |
| significant portion of the total classroom-based and | 27555 |
| nonclassroom-based learning opportunities provided to the student | 27556 |
| by the school; | 27557 |
| (2) The student's residence is equipped with a computer | 27558 |
| available for the student's use. | 27559 |
| | 27560 |
| internet- or computer-based community school shall enter into a | 27561 |
| contract with a nonpublic school to use or rent any facility space | 27562 |
| at the nonpublic school for the provision of instructional | 27563 |
| services to students enrolled in the internet- or computer-based | 27564 |
| community school. | 27565 |
| (B) If, on or after July 1, 2004, an internet- or | 27566 |
| computer-based community school has a contract with a nonpublic | 27567 |
| school as described in division (A) of this section, the | 27568 |
| department of education shall not make any payments under section | 27569 |
| 3314.08 of the Revised Code to the internet- or computer-based | 27570 |
| community school for any student who is enrolled in the internet- | 27571 |
| or computer-based community school and receives any instructional | 27572 |
| services from the internet- or computer-based community school at | 27573 |
| the nonpublic school. | 27574 |
| Sec. 3314.25. Each internet- or computer-based community | 27575 |
| school shall provide its students a location within a fifty-mile | 27576 |
| radius of the student's residence at which to complete the | 27577 |
| statewide achievement tests and diagnostic assessments prescribed | 27578 |
| under sections 3301.079 and 3301.0710 of the Revised Code. | 27579 |
| Sec. 3314.26. (A) Each internet- or computer-based community | 27580 |
| school shall withdraw from the school any student who, for two | 27581 |
| consecutive school years, has failed to participate in the spring | 27582 |
| administration of any test prescribed under section 3301.0710 or | 27583 |
| 3301.0712 of the Revised Code for the student's grade level and | 27584 |
| was not excused from the test pursuant to division (C)(1) or (3) | 27585 |
| of section 3301.0711 of the Revised Code. The school shall report | 27586 |
| any such student's data verification code, as assigned pursuant to | 27587 |
| section 3301.0714 of the Revised Code, to the department of | 27588 |
| education. The department shall maintain a list of all data | 27589 |
| verification codes reported under this division and section | 27590 |
| 3313.6410 of the Revised Code and provide that list to each | 27591 |
| internet- or computer-based community school and to each school to | 27592 |
| which section 3313.6410 of the Revised Code applies. | 27593 |
| (B) No internet- or computer-based community school shall | 27594 |
| receive any state funds under this chapter for any enrolled | 27595 |
| student whose data verification code appears on the list | 27596 |
| maintained by the department under division (A) of this section. | 27597 |
| Notwithstanding any provision of the Revied Code to the | 27598 |
| contrary, the parent of any such student shall pay tuition to the | 27599 |
| internet- or computer-based community school in an amount equal to | 27600 |
| the state funds the school otherwise would receive for that | 27601 |
| student, as determined by the department. An internet- or | 27602 |
| computer-based community school may withdraw any student for whom | 27603 |
| the parent does not pay tution as required by this division. | 27604 |
| Sec. 3314.27. No student enrolled in an internet- or | 27605 |
| computer-based community school may participate in more than ten | 27606 |
| hours of learning opportunities in any period of twenty-four | 27607 |
| consecutive hours. Any time such a student participates in | 27608 |
| learning opportunities beyond the limit prescribed in this section | 27609 |
| shall not count toward the annual minimum number of hours required | 27610 |
| to be provided to that student as prescribed in division | 27611 |
| (A)(11)(a) of section 3314.03 of the Revised Code. If any | 27612 |
| internet- or computer-based community school requires its students | 27613 |
| to participate in learning opportunities on the basis of days | 27614 |
| rather than hours, one day shall consist of a minimum of five | 27615 |
| hours of such participation. | 27616 |
| Sec. 3314.28. (A) Each internet- or computer-based community | 27617 |
| school established under this chapter shall submit to the school's | 27618 |
| sponsor a plan for providing special education and related | 27619 |
| services to disabled students enrolled in the school in accordance | 27620 |
| with division (A)(1) or (2) of this section. | 27621 |
| (1) If the school was established prior to the effective date | 27622 |
| of this section, the plan shall be submitted to the sponsor on or | 27623 |
| before September 1, 2005, and on or before the first day of | 27624 |
| September in each year thereafter that the school is in operation. | 27625 |
| (2) If the school is established after the effective date of | 27626 |
| this section, the plan shall be submitted to the sponsor prior to | 27627 |
| the school's receipt of its first payment under this chapter and | 27628 |
| on or before the first day of September in each year thereafter | 27629 |
| that the school is in operation. | 27630 |
| (B) Within thirty days after receiving the plan prescribed in | 27631 |
| division (A) of this section, the sponsor of each internet- or | 27632 |
| computer-based community school shall certify all of the following | 27633 |
| to the department of education: | 27634 |
| (1) A statement of whether the plan received is satisfactory | 27635 |
| to the sponsor; | 27636 |
| (2) If the plan received is not satisfactory to the sponsor, | 27637 |
| the sponsor's assurance that it will promptly assist the school in | 27638 |
| developing a plan that is satisfactory to the sponsor; | 27639 |
| (3) The sponsor's assurance that it will monitor the | 27640 |
| implementation of the plan; | 27641 |
| (4) The sponsor's assurance that it will take any necessary | 27642 |
| corrective action to ensure that the school's plan is properly and | 27643 |
| fully implemented. | 27644 |
| (C) The department shall develop guidelines for the content | 27645 |
| and format of the plan required under this section. | 27646 |
| Sec. 3314.35. (A) This section applies to any community | 27647 |
| school established under this chapter that meets one or more of | 27648 |
| the following criteria: | 27649 |
| (1) The school is declared to be in need of continuous | 27650 |
| improvement, under an academic watch, or in a state of academic | 27651 |
| emergency pursuant to section 3302.03 of the Revised Code. | 27652 |
| (2) The school has not been in operation for at least two | 27653 |
| full school years. | 27654 |
| (3) The school does not offer any grade level for which an | 27655 |
| achievement test is prescribed under section 3301.0710 of the | 27656 |
| Revised Code or the number of students enrolled in each grade | 27657 |
| level offered by the school for which an achievement test is | 27658 |
| prescribed is too small to yield statistically reliable data about | 27659 |
| student performance, as determined by the department of education. | 27660 |
| (B) Beginning in the 2006-2007 school year, each community | 27661 |
| school to which this section applies shall administer a reading | 27662 |
| and mathematics assessment approved by the department in the fall | 27663 |
| and spring of the school year to each student who is enrolled in | 27664 |
| any of grades one through twelve to measure the academic progress | 27665 |
| made by students during the school year. For each grade level, the | 27666 |
| community school shall administer the same assessment in the | 27667 |
| spring that the school administers in the fall. | 27668 |
| (C) Each community school that administers the assessments | 27669 |
| required by division (B) of this section shall be responsible for | 27670 |
| all costs associated with the administration and scoring of the | 27671 |
| assessments. Each community school shall report the scores of all | 27672 |
| students taking the assessments to the department in a manner | 27673 |
| prescribed by the department. | 27674 |
| (D) The department shall establish a list of nationally | 27675 |
| normed assessments in reading and mathematics that it approves for | 27676 |
| use by community schools under this section. The department may | 27677 |
| approve assessments in other subject areas, but no community | 27678 |
| school shall be required to administer an assessment in a subject | 27679 |
| area other than reading or mathematics under this section. | 27680 |
| (E) The sponsor of any community school to which this section | 27681 |
| does not apply may elect to have the school administer reading and | 27682 |
| mathematics assessments in accordance with this section. | 27683 |
| Sec. 3314.36. (A) Not later than July 1, 2006, the state | 27684 |
| board of education shall adopt rules establishing reasonable | 27685 |
| standards for expected gains in student achievement between the | 27686 |
| fall and spring administrations of the reading and mathematics | 27687 |
| assessments administered under section 3314.35 of the Revised Code | 27688 |
| and for expected gains in the graduation rate. | 27689 |
| (B) Any community school that is declared to be under an | 27690 |
| academic watch or in a state of academic emergency pursuant to | 27691 |
| section 3302.03 of the Revised Code after July 1, 2006, or to | 27692 |
| which division (A)(3) of section 3314.35 of the Revised Code | 27693 |
| applies shall be subject to division (C) of this section beginning | 27694 |
| the next school year if either of the following apply to the | 27695 |
| school: | 27696 |
| (1) The percentage of the school's total student population | 27697 |
| showing the expected gains in student achievement established | 27698 |
| under division (A) of this section on the reading or mathematics | 27699 |
| assessments administered most recently under section 3314.35 of | 27700 |
| the Revised Code is less than fifty-five per cent. | 27701 |
| (2) The school offers a high school diploma but is not | 27702 |
| showing the expected gains in the graduation rate established | 27703 |
| under division (A) of this section. | 27704 |
| A community school that has been in operation for one school | 27705 |
| year shall not be subject to division (C) of this section. | 27706 |
| (C)(1) In the first school year that a community school is | 27707 |
| subject to division (C) of this section, if the school is an | 27708 |
| internet- or computer-based community school, the school shall not | 27709 |
| enroll any students in excess of the number of students the school | 27710 |
| enrolled at the conclusion of the preceding school year. | 27711 |
| (2) In the second consecutive school year that a community | 27712 |
| school is subject to division (C) of this section, if the school | 27713 |
| is an internet- or computer-based community school, the school | 27714 |
| shall do both of the following: | 27715 |
| (a) Continue to comply with division (C)(1) of this section; | 27716 |
| (b) Withdraw from the school at the conclusion of the school | 27717 |
| year any student for whom any of the following conditions apply, | 27718 |
| unless the student's parent agrees to pay tuition to the school in | 27719 |
| an amount equal to the state funds the school otherwise would | 27720 |
| receive for that student as determined by the department of | 27721 |
| education: | 27722 |
| (i) For two consecutive school years, the student has taken | 27723 |
| the reading and mathematics assessments administered under section | 27724 |
| 3314.35 of the Revised Code but has failed to show the expected | 27725 |
| gains in student achievement established under division (A) of | 27726 |
| this section for both reading and mathematics. | 27727 |
| (ii) For two consecutive school years, the student has not | 27728 |
| taken one or more of the reading and mathematics assessments | 27729 |
| described in division (C)(2)(b)(i) of this section. | 27730 |
| (iii) For one of two consecutive school years, the student | 27731 |
| took the reading and mathematics assessments described in division | 27732 |
| (C)(2)(b)(i) of this section but failed to show the expected gains | 27733 |
| in student achievement also described in that division for both | 27734 |
| reading and mathematics, and, for the other school year, the | 27735 |
| student did not take one or more of those assessments. | 27736 |
| After the conclusion of the school year, the school shall not | 27737 |
| receive state funds for any student who is required to be | 27738 |
| withdrawn or for whom tuition is owed under division (C)(2)(b) of | 27739 |
| this section. | 27740 |
| (3) In the third consecutive school year that any community | 27741 |
| school is subject to division (C) of this section, the following | 27742 |
| shall apply: | 27743 |
| (a) If the school is an internet- or computer-based community | 27744 |
| school, the school shall continue to comply with division | 27745 |
| (C)(1)(a) of this section. | 27746 |
| (b) The school shall be permanently closed at the conclusion | 27747 |
| of the school year. | 27748 |
| (D) The sponsor of any community school that is declared to | 27749 |
| be in need of continuous improvement, effective, or excellent | 27750 |
| pursuant to section 3302.03 of the Revised Code and offers one or | 27751 |
| more grade levels for which an achievement test is prescribed | 27752 |
| under section 3301.0710 of the Revised Code may elect to evaluate | 27753 |
| the performance of the school in accordance with division (B) of | 27754 |
| this section, provided the school administers reading and | 27755 |
| mathematics assessments under section 3314.35 of the Revised Code. | 27756 |
| If the sponsor so elects, the evaluation method shall be used for | 27757 |
| a minimum of three school years and shall be specified in the | 27758 |
| contract required by section 3314.03 of the Revised Code. Nothing | 27759 |
| in this division requires the sponsor of a community school that | 27760 |
| elects to evaluate the school in accordance with division (B) of | 27761 |
| this section to take any action specified in division (C) of this | 27762 |
| section, unless the contract requires such action. | 27763 |
| (E) In calculating the gains in student achievement | 27764 |
| demonstrated by a community school for the purposes of division | 27765 |
| (B) of this section, the department shall include the scores of | 27766 |
| all students who participated in the fall and spring | 27767 |
| administrations of the assessments administered under section | 27768 |
| 3314.35 of the Revised Code. If the school's participation rate | 27769 |
| for any grade level is less than ninety per cent, the department | 27770 |
| shall calculate the gains in academic achievement demonstrated by | 27771 |
| the students in that grade level as if the participation rate was | 27772 |
| ninety per cent by assuming a score of zero for each student that | 27773 |
| it is necessary to add to the participation rate to make that rate | 27774 |
| equal ninety per cent. | 27775 |
| Sec. 3315.17. (A) The board of education of each city, | 27776 |
| exempted village, local, and joint vocational school district | 27777 |
| shall establish a textbook and instructional materials fund. Each | 27778 |
| board annually shall deposit into that fund an amount derived from | 27779 |
| revenues received by the district for operating expenses that is | 27780 |
| equal to three per cent of the formula amount for the preceding | 27781 |
| fiscal year, as defined in section 3317.02 of the Revised Code, or | 27782 |
| another percentage if established by the auditor of state under | 27783 |
| division (C) of this section, multiplied by the district's student | 27784 |
| population for the preceding fiscal year. Money in the fund shall | 27785 |
| be used solely for textbooks, instructional software, and | 27786 |
| instructional materials, supplies, and equipment. Any money in the | 27787 |
| fund that is not used in any fiscal year shall carry forward to | 27788 |
| the next fiscal year. | 27789 |
| (B)(1) Notwithstanding division (A) of this section, if in a | 27790 |
| fiscal year a district board deposits in the textbook and | 27791 |
| instructional materials fund an amount of money greater than the | 27792 |
| amount required to be deposited by this section or the rules | 27793 |
| adopted under division (C) of this section, the board may deduct | 27794 |
| the excess amount of money from the amount of money required to be | 27795 |
| deposited in succeeding fiscal years. | 27796 |
| (2) Notwithstanding division (A) of this section, in any year | 27797 |
| a district is in fiscal emergency status as declared pursuant to | 27798 |
| section 3316.03 of the Revised Code, the district may deposit an | 27799 |
| amount less than required by division (A) of this section, or make | 27800 |
| no deposit, into the district textbook and instructional materials | 27801 |
| fund for that year. | 27802 |
| (3) Notwithstanding division (A) of this section, in any | 27803 |
| fiscal year that a school district is either in fiscal watch | 27804 |
| status, as declared pursuant to section 3316.03 of the Revised | 27805 |
| Code, or in fiscal caution status, as declared pursuant to section | 27806 |
| 3316.031 of the Revised Code, the district may apply to the | 27807 |
| superintendent of public instruction for a waiver from the | 27808 |
| requirements of division (A) of this section, under which the | 27809 |
| district may be permitted to deposit an amount less than required | 27810 |
| by that division or permitted to make no deposit into the district | 27811 |
| textbook and instructional materials fund for that year. The | 27812 |
| superintendent may grant a waiver under division (B)(3) of this | 27813 |
| section if the district demonstrates to the satisfaction of the | 27814 |
| superintendent that compliance with division (A) of this section | 27815 |
| that year will create an undue financial hardship on the district. | 27816 |
| (4) Notwithstanding division (A) of this section, not more | 27817 |
| often than one fiscal year in every three consecutive fiscal | 27818 |
| years, any school district that does not satisfy the conditions | 27819 |
| for the exemption described in division (B)(2) of this section or | 27820 |
| the conditions to apply for the waiver described in division | 27821 |
| (B)(3) of this section may apply to the superintendent of public | 27822 |
| instruction for a waiver from the requirements of division (A) of | 27823 |
| this section, under which the district may be permitted to deposit | 27824 |
| an amount less than required by that division or permitted to make | 27825 |
| no deposit into the district textbook and instructional materials | 27826 |
| fund for that year. The superintendent may grant a waiver under | 27827 |
| division (B)(4) of this section if the district demonstrates to | 27828 |
| the satisfaction of the superintendent that compliance with | 27829 |
| division (A) of this section that year will necessitate the | 27830 |
| reduction or elimination of a program currently offered by the | 27831 |
| district that is critical to the academic success of students of | 27832 |
| the district and that no reasonable alternatives exist for | 27833 |
| spending reductions in other areas of operation within the | 27834 |
| district that negate the necessity of the reduction or elimination | 27835 |
| of that program. | 27836 |
| (C) The state superintendent of public instruction and the | 27837 |
| auditor of state jointly shall adopt rules in accordance with | 27838 |
| Chapter 119. of the Revised Code defining what constitutes | 27839 |
| textbooks, instructional software, and instructional materials, | 27840 |
| supplies, and equipment for which money in a school district's | 27841 |
| textbook and instructional materials fund may be used. The auditor | 27842 |
| of state also may designate a percentage, other than three per | 27843 |
| cent, of the formula amount multiplied by the district's student | 27844 |
| population that must be deposited into the fund. | 27845 |
| (D) Notwithstanding division (A) of this section, a district | 27846 |
| board of education in any fiscal year may appropriate money in the | 27847 |
| district textbook and instructional materials fund for purposes | 27848 |
| other than those permitted by that division if both of the | 27849 |
| following occur during that fiscal year: | 27850 |
| (1) All of the following certify to the district board in | 27851 |
| writing that the district has sufficient textbooks, instructional | 27852 |
| software, and instructional materials, supplies, and equipment to | 27853 |
| ensure a thorough and efficient education within the district: | 27854 |
| (a) The district superintendent; | 27855 |
| (b) In districts required to have a business advisory | 27856 |
| council, a person designated by vote of the business advisory | 27857 |
| council; | 27858 |
| (c) If the district teachers are represented by an exclusive | 27859 |
| bargaining representative for purposes of Chapter 4117. of the | 27860 |
| Revised Code, the president of that organization or the | 27861 |
| president's designee. | 27862 |
| (2) The district board adopts, by unanimous vote of all | 27863 |
| members of the board, a resolution stating that the district has | 27864 |
| sufficient textbooks, instructional software, and instructional | 27865 |
| materials, supplies, and equipment to ensure a thorough and | 27866 |
| efficient education within the district. | 27867 |
| (E) Notwithstanding any provision to the contrary in Chapter | 27868 |
| 4117. of the Revised Code, the requirements of this section | 27869 |
| prevail over any conflicting provisions of agreements between | 27870 |
| employee organizations and public employers entered into on or | 27871 |
| after November 21, 1997. | 27872 |
| (F) As used in this section and in section 3315.18 of the | 27873 |
| Revised Code, "student population" means the average, daily, | 27874 |
| full-time-equivalent number of students in kindergarten through | 27875 |
| twelfth grade receiving any educational services from the school | 27876 |
| district during the first full school week in October, excluding | 27877 |
| students enrolled in adult education classes, but including all of | 27878 |
| the following: | 27879 |
| (1) Adjacent or other district students enrolled in the | 27880 |
| district under an open enrollment policy pursuant to section | 27881 |
| 3313.98 of the Revised Code; | 27882 |
| (2) Students receiving services in the district pursuant to a | 27883 |
| compact, cooperative education agreement, or a contract, but who | 27884 |
| are entitled to attend school in another district pursuant to | 27885 |
| section 3313.64 or 3313.65 of the Revised Code; | 27886 |
| (3) Students for whom tuition is payable pursuant to sections | 27887 |
| 3317.081 and 3323.141 of the Revised Code. | 27888 |
| The department of education shall determine a district's | 27889 |
| student population using data reported to it under section 3317.03 | 27890 |
| of the Revised Code for the applicable fiscal year. | 27891 |
| Sec. 3315.18. (A) The board of education of each city, | 27892 |
| exempted village, local, and joint vocational school district | 27893 |
| shall establish a capital and maintenance fund. Each board | 27894 |
| annually shall deposit into that fund an amount derived from | 27895 |
| revenues received by the district that would otherwise have been | 27896 |
| deposited in the general fund that is equal to three per cent of | 27897 |
| the formula amount for the preceding fiscal year, as defined in | 27898 |
| section 3317.02 of the Revised Code, or another percentage if | 27899 |
| established by the auditor of state under division (B) of this | 27900 |
| section, multiplied by the district's student population for the | 27901 |
| preceding fiscal year, except that money received from a permanent | 27902 |
| improvement levy authorized by section 5705.21 of the Revised Code | 27903 |
| may replace general revenue moneys in meeting the requirements of | 27904 |
| this section. Money in the fund shall be used solely for | 27905 |
| acquisition, replacement, enhancement, maintenance, or repair of | 27906 |
| permanent improvements, as that term is defined in section 5705.01 | 27907 |
| of the Revised Code. Any money in the fund that is not used in any | 27908 |
| fiscal year shall carry forward to the next fiscal year. | 27909 |
| (B) The state superintendent of public instruction and the | 27910 |
| auditor of state jointly shall adopt rules in accordance with | 27911 |
| Chapter 119. of the Revised Code defining what constitutes | 27912 |
| expenditures permitted by division (A) of this section. The | 27913 |
| auditor of state may designate a percentage, other than three per | 27914 |
| cent, of the formula amount multiplied by the district's student | 27915 |
| population that must be deposited into the fund. | 27916 |
| (C) Within its capital and maintenance fund, a school | 27917 |
| district board of education may establish a separate account | 27918 |
| solely for the purpose of depositing funds transferred from the | 27919 |
| district's reserve balance account established under former | 27920 |
|
division (H) of
section 5705.29 of the Revised Code. After
| 27921 |
| 27922 | |
| deposit all or part of the funds formerly included in such reserve | 27923 |
| balance account in the separate account established under this | 27924 |
| section. Funds deposited in this separate account and interest on | 27925 |
| such funds shall be utilized solely for the purpose of providing | 27926 |
| the district's portion of the basic project costs of any project | 27927 |
| undertaken in accordance with Chapter 3318. of the Revised Code. | 27928 |
| (D) (1) Notwithstanding division (A) of this section, in any | 27929 |
| year a district is in fiscal emergency status as declared pursuant | 27930 |
| to section 3316.03 of the Revised Code, the district may deposit | 27931 |
| an amount less than required by division (A) of this section, or | 27932 |
| make no deposit, into the district capital and maintenance fund | 27933 |
| for that year. | 27934 |
| (2) Notwithstanding division (A) of this section, in any | 27935 |
| fiscal year that a school district is either in fiscal watch | 27936 |
| status, as declared pursuant to section 3316.03 of the Revised | 27937 |
| Code, or in fiscal caution status, as declared pursuant to section | 27938 |
| 3316.031 of the Revised Code, the district may apply to the | 27939 |
| superintendent of public instruction for a waiver from the | 27940 |
| requirements of division (A) of this section, under which the | 27941 |
| district may be permitted to deposit an amount less than required | 27942 |
| by that division or permitted to make no deposit into the district | 27943 |
| capital and maintenance fund for that year. The superintendent may | 27944 |
| grant a waiver under division (D)(2) of this section if the | 27945 |
| district demonstrates to the satisfaction of the superintendent | 27946 |
| that compliance with division (A) of this section that year will | 27947 |
| create an undue financial hardship on the district. | 27948 |
| (3) Notwithstanding division (A) of this section, not more | 27949 |
| often than one fiscal year in every three consecutive fiscal | 27950 |
| years, any school district that does not satisfy the conditions | 27951 |
| for the exemption described in division (D)(1) of this section or | 27952 |
| the conditions to apply for the waiver described in division | 27953 |
| (D)(2) of this section may apply to the superintendent of public | 27954 |
| instruction for a waiver from the requirements of division (A) of | 27955 |
| this section, under which the district may be permitted to deposit | 27956 |
| an amount less than required by that division or permitted to make | 27957 |
| no deposit into the district capital and maintenance fund for that | 27958 |
| year. The superintendent may grant a waiver under division (D)(3) | 27959 |
| of this section if the district demonstrates to the satisfaction | 27960 |
| of the superintendent that compliance with division (A) of this | 27961 |
| section that year will necessitate the reduction or elimination of | 27962 |
| a program currently offered by the district that is critical to | 27963 |
| the academic success of students of the district and that no | 27964 |
| reasonable alternatives exist for spending reductions in other | 27965 |
| areas of operation within the district that negate the necessity | 27966 |
| of the reduction or elimination of that program. | 27967 |
| (E) Notwithstanding any provision to the contrary in Chapter | 27968 |
| 4117. of the Revised Code, the requirements of this section | 27969 |
| prevail over any conflicting provisions of agreements between | 27970 |
| employee organizations and public employers entered into after | 27971 |
| November 21, 1997. | 27972 |
| Sec. 3315.37. The board of education of a school district | 27973 |
| may establish a teacher education loan program and may expend | 27974 |
| school funds for the program. The program shall be for the purpose | 27975 |
| of making loans to students who are residents of the school | 27976 |
| district or graduates of schools in the school district, who are | 27977 |
| enrolled in teacher preparation programs at institutions approved | 27978 |
| by the state board pursuant to section 3319.23 of the Revised | 27979 |
| Code, and who indicate an intent to teach in the school district | 27980 |
| providing the loan. The district board may forgive the obligation | 27981 |
| to repay any or all of the principal and interest on the loan if | 27982 |
| the borrower teaches in that school district. | 27983 |
| The district board shall adopt rules establishing eligibility | 27984 |
| criteria, application procedures, procedures for review of | 27985 |
| applications, loan amounts, interest, repayment schedules, | 27986 |
| conditions under which principal and interest obligations incurred | 27987 |
| under the program will be forgiven, and any other matter | 27988 |
| incidental to the operation of the program. | 27989 |
| The board may contract with a private, nonprofit foundation, | 27990 |
| one or more institutions of higher education, or other educational | 27991 |
| agencies to administer the program. | 27992 |
| The receipt of a loan under this section does not affect a | 27993 |
| student's eligibility for assistance, or the amount of such | 27994 |
| assistance, granted under section 3315.33, 3333.12, 3333.122, | 27995 |
| 3333.22, 3333.26, 3333.27, 5910.04, or 5919.34 of the Revised | 27996 |
| Code, but the board's rules may provide for taking such assistance | 27997 |
| into consideration when determining a student's eligibility for a | 27998 |
| loan under this section. | 27999 |
| Sec. 3316.043. Upon the approval by the superintendent of | 28000 |
| public instruction of an initial financial plan under section | 28001 |
| 3316.04 of the Revised Code or a financial recovery plan under | 28002 |
| section 3316.06 of the Revised Code, the board of education of the | 28003 |
| school district for which the plan was approved shall revise the | 28004 |
| district's five-year projection of revenues and expenditures in | 28005 |
| accordance with rules adopted under section 5705.391 of the | 28006 |
| Revised Code so that the five-year projection is consistent with | 28007 |
| the financial plan or financial recovery plan. In the case of a | 28008 |
| school district declared to be in a state of fiscal emergency, the | 28009 |
| five-year projection shall be revised by the financial planning | 28010 |
| and supervision commission for that district. | 28011 |
| Sec. 3316.06. (A) Within one hundred twenty days after the | 28012 |
| first meeting of a school district financial planning and | 28013 |
| supervision commission, the commission shall adopt a financial | 28014 |
| recovery plan regarding the school district for which the | 28015 |
| commission was created. During the formulation of the plan, the | 28016 |
| commission shall seek appropriate input from the school district | 28017 |
| board and from the community. This plan shall contain the | 28018 |
| following: | 28019 |
| (1) Actions to be taken to: | 28020 |
| (a) Eliminate all fiscal emergency conditions declared to | 28021 |
| exist pursuant to division (B) of section 3316.03 of the Revised | 28022 |
| Code; | 28023 |
| (b) Satisfy any judgments, past-due accounts payable, and all | 28024 |
| past-due and payable payroll and fringe benefits; | 28025 |
| (c) Eliminate the deficits in all deficit funds, except that | 28026 |
| any prior year deficits in the textbook and instructional | 28027 |
| materials fund established pursuant to section 3315.17 of the | 28028 |
| Revised Code and the capital and maintenance fund established | 28029 |
| pursuant to section 3315.18 of the Revised Code shall be forgiven; | 28030 |
| (d) Restore to special funds any moneys from such funds that | 28031 |
| were used for purposes not within the purposes of such funds, or | 28032 |
| borrowed from such funds by the purchase of debt obligations of | 28033 |
| the school district with the moneys of such funds, or missing from | 28034 |
| the special funds and not accounted for, if any; | 28035 |
| (e) Balance the budget, avoid future deficits in any funds, | 28036 |
| and maintain on a current basis payments of payroll, fringe | 28037 |
| benefits, and all accounts; | 28038 |
| (f) Avoid any fiscal emergency condition in the future; | 28039 |
| (g) Restore the ability of the school district to market | 28040 |
| long-term general obligation bonds under provisions of law | 28041 |
| applicable to school districts generally. | 28042 |
| (2) The management structure that will enable the school | 28043 |
| district to take the actions enumerated in division (A)(1) of this | 28044 |
| section. The plan shall specify the level of fiscal and management | 28045 |
| control that the commission will exercise within the school | 28046 |
| district during the period of fiscal emergency, and shall | 28047 |
| enumerate respectively, the powers and duties of the commission | 28048 |
| and the powers and duties of the school board during that period. | 28049 |
| The commission may elect to assume any of the powers and duties of | 28050 |
| the school board it considers necessary, including all powers | 28051 |
| related to personnel, curriculum, and legal issues in order to | 28052 |
| successfully implement the actions described in division (A)(1) of | 28053 |
| this section. | 28054 |
| (3) The target dates for the commencement, progress upon, and | 28055 |
| completion of the actions enumerated in division (A)(1) of this | 28056 |
| section and a reasonable period of time expected to be required to | 28057 |
| implement the plan. The commission shall prepare a reasonable time | 28058 |
| schedule for progress toward and achievement of the requirements | 28059 |
| for the plan, and the plan shall be consistent with that time | 28060 |
| schedule. | 28061 |
| (4) The amount and purpose of any issue of debt obligations | 28062 |
| that will be issued, together with assurances that any such debt | 28063 |
| obligations that will be issued will not exceed debt limits | 28064 |
| supported by appropriate certifications by the fiscal officer of | 28065 |
| the school district and the county auditor. Debt obligations | 28066 |
| issued pursuant to section 133.301 of the Revised Code shall | 28067 |
| include assurances that such debt shall be in an amount not to | 28068 |
| exceed the amount certified under division (B) of such section. If | 28069 |
| the commission considers it necessary in order to maintain or | 28070 |
| improve educational opportunities of pupils in the school | 28071 |
| district, the plan may include a proposal to restructure or | 28072 |
| refinance outstanding debt obligations incurred by the board under | 28073 |
| section 3313.483 of the Revised Code contingent upon the approval, | 28074 |
| during the period of the fiscal emergency, by district voters of a | 28075 |
| tax levied under section 718.09, 718.10, 5705.194, 5705.21, | 28076 |
| 5748.02, or 5748.08 of the Revised Code, that is not a renewal or | 28077 |
| replacement levy and that will provide new operating revenue. | 28078 |
| Notwithstanding any provision of Chapter 133. or sections 3313.483 | 28079 |
| to 3313.4811 of the Revised Code, following the required approval | 28080 |
| of the district voters and with the approval of the commission, | 28081 |
| the school district may issue securities to evidence the | 28082 |
| restructuring or refinancing. Those securities may extend the | 28083 |
| original period for repayment, not to exceed ten years, and may | 28084 |
| alter the frequency and amount of repayments, interest or other | 28085 |
| financing charges, and other terms of agreements under which the | 28086 |
| debt originally was contracted, at the discretion of the | 28087 |
| commission, provided that any loans received pursuant to section | 28088 |
| 3313.483 of the Revised Code shall be paid from funds the district | 28089 |
| would otherwise receive under sections 3317.022 to 3317.025 of the | 28090 |
| Revised Code, as required under division (E)(3) of section | 28091 |
| 3313.483 of the Revised Code. The securities issued for the | 28092 |
| purpose of restructuring or refinancing the debt shall be repaid | 28093 |
| in equal payments and at equal intervals over the term of the debt | 28094 |
| and are not eligible to be included in any subsequent proposal for | 28095 |
| the purpose of restructuring or refinancing debt under this | 28096 |
| section. | 28097 |
| (B) Any financial recovery plan may be amended subsequent to | 28098 |
| its adoption. Each financial recovery plan shall be updated | 28099 |
| annually. | 28100 |
| (C) Each school district financial planning and supervision | 28101 |
| commission shall submit the financial recovery plan it adopts or | 28102 |
| updates under this section to the state superintendent of public | 28103 |
| instruction for approval immediately following its adoption or | 28104 |
| updating. The state superintendent shall evaluate the plan and | 28105 |
| either approve or disapprove it within thirty calendar days from | 28106 |
| the date of its submission. If the plan is disapproved, the state | 28107 |
| superintendent shall recommend modifications that will render it | 28108 |
| acceptable. No financial planning and supervision commission shall | 28109 |
| implement a financial recovery plan that is adopted or updated on | 28110 |
| or after
| 28111 |
| unless the state superintendent has approved it. | 28112 |
| Sec. 3316.16. (A) A school district financial planning and | 28113 |
| supervision commission, with respect to its functions under this | 28114 |
| chapter, shall continue in existence until such time as a | 28115 |
| determination is made under division (B) of this section that all | 28116 |
| of the following have occurred: | 28117 |
| (1) An effective financial accounting and reporting system in | 28118 |
| accordance with section 3316.10 of the Revised Code is in the | 28119 |
| process of being implemented, and it is reasonably expected that | 28120 |
| this implementation will be completed within two years. | 28121 |
| (2) All of the fiscal emergency conditions determined | 28122 |
| pursuant to division (B) of section 3316.03 of the Revised Code | 28123 |
| have been corrected or eliminated, and no new fiscal emergency | 28124 |
| conditions have occurred. | 28125 |
| (3) The objectives of the financial recovery plan described | 28126 |
| in section 3316.06 of the Revised Code are being met. | 28127 |
| (4) The school district board has prepared a financial | 28128 |
| forecast for a five-year period in accordance with the standards | 28129 |
| issued by the auditor of state and an opinion has been rendered by | 28130 |
| the auditor of state that the financial forecast is considered to | 28131 |
| be nonadverse. The forecast shall display the district's projected | 28132 |
| compliance with sections 3315.17 and 3315.18 of the Revised Code | 28133 |
| beginning in the year the commission is proposed for termination. | 28134 |
| (B) The determination that all conditions listed in division | 28135 |
| (A) of this section for the termination of the existence of the | 28136 |
| commission and its functions exist may be made either by the | 28137 |
| auditor of state or by the commission and shall be certified to | 28138 |
| the commission, the auditor of state, the governor, the director | 28139 |
| of budget and management, and the budget commission, whereupon | 28140 |
| such commission and its functions under this chapter shall | 28141 |
| terminate. This determination shall be made by the auditor of | 28142 |
| state upon the filing with the auditor of state of a written | 28143 |
| request for such a determination by the school district board, the | 28144 |
| governor, or the commission, or may be made by the auditor of | 28145 |
| state upon the auditor of state's own initiative. | 28146 |
| (C) The commission shall prepare and submit at the time of | 28147 |
| such certification a final report of its activities, in such form | 28148 |
| as is appropriate for the purpose of providing a record of its | 28149 |
| activities and assisting other commissions created under this | 28150 |
| chapter in the conduct of their functions. All of the books and | 28151 |
| records of the commission shall be delivered to the auditor of | 28152 |
| state for retention and safekeeping. | 28153 |
| (D) Upon receipt of the certification provided for in | 28154 |
| division (B) of this section, the director of budget and | 28155 |
| management shall follow the procedures set forth in section 126.29 | 28156 |
| of the Revised Code. | 28157 |
| (E) If, at the time of termination of the commission, an | 28158 |
| effective financial accounting and reporting system has not been | 28159 |
| fully implemented, the auditor of state shall monitor the progress | 28160 |
| of implementation and shall exercise authority under this section | 28161 |
| and Chapter 117. of the Revised Code to secure full implementation | 28162 |
| at the earliest time feasible but within two years after such | 28163 |
| termination. | 28164 |
| Sec. 3317.01. As used in this section and section 3317.011 | 28165 |
| of the Revised Code, "school district," unless otherwise | 28166 |
| specified, means any city, local, exempted village, joint | 28167 |
| vocational, or cooperative education school district and any | 28168 |
| educational service center. | 28169 |
| This chapter shall be administered by the state board of | 28170 |
| education. The superintendent of public instruction shall | 28171 |
| calculate the amounts payable to each school district and shall | 28172 |
| certify the amounts payable to each eligible district to the | 28173 |
| treasurer of the district as provided by this chapter. As soon as | 28174 |
| possible after such amounts are calculated, the superintendent | 28175 |
| shall certify to the treasurer of each school district the | 28176 |
| district's adjusted charge-off amount, as defined in section | 28177 |
| 5705.211 of the Revised Code, for the fiscal year for which those | 28178 |
| amounts are computed and for the fiscal year preceding that fiscal | 28179 |
| year. A separate certification of the adjusted charge-off amounts | 28180 |
| is not required if the certification of other amounts computed | 28181 |
| under this chapter indicates those adjusted charge-off amounts. No | 28182 |
| moneys shall be distributed pursuant to this chapter without the | 28183 |
| approval of the controlling board. | 28184 |
| The state board of education shall, in accordance with | 28185 |
| appropriations made by the general assembly, meet the financial | 28186 |
| obligations of this chapter. | 28187 |
| Annually, the department of education shall calculate and | 28188 |
| report to each school district the district's total state and | 28189 |
| local funds for providing an adequate basic education to the | 28190 |
| district's nonhandicapped students, utilizing the determination in | 28191 |
| section 3317.012 of the Revised Code. In addition, the department | 28192 |
| shall calculate and report separately for each school district the | 28193 |
| district's total state and local funds for providing an adequate | 28194 |
| education for its handicapped students, utilizing the | 28195 |
| determinations in both sections 3317.012 and 3317.013 of the | 28196 |
| Revised Code. | 28197 |
| Not later than the thirty-first day of August of each fiscal | 28198 |
| year, the department of education shall provide to each school | 28199 |
| district and county MR/DD board a preliminary estimate of the | 28200 |
| amount of funding that the department calculates the district will | 28201 |
| receive under each of divisions (C)(1) and (4) of section 3317.022 | 28202 |
| of the Revised Code. No later than the first day of December of | 28203 |
| each fiscal year, the department shall update that preliminary | 28204 |
| estimate. | 28205 |
| Moneys distributed pursuant to this chapter shall be | 28206 |
| calculated and paid on a fiscal year basis, beginning with the | 28207 |
| first day of July and extending through the thirtieth day of June. | 28208 |
| The moneys appropriated for each fiscal year shall be distributed | 28209 |
| at least monthly to each school district unless otherwise provided | 28210 |
| for. The state board shall submit a yearly distribution plan to | 28211 |
| the controlling board at its first meeting in July. The state | 28212 |
| board shall submit any proposed midyear revision of the plan to | 28213 |
| the controlling board in January. Any year-end revision of the | 28214 |
| plan shall be submitted to the controlling board in June. If | 28215 |
| moneys appropriated for each fiscal year are distributed other | 28216 |
| than monthly, such distribution shall be on the same basis for | 28217 |
| each school district. | 28218 |
| The total amounts paid each month shall constitute, as nearly | 28219 |
| as possible, one-twelfth of the total amount payable for the | 28220 |
|
entire year. | 28221 |
| Until fiscal year 2006, payments made during the first six | 28222 |
| months of the fiscal year may be based on an estimate of the | 28223 |
| amounts payable for the entire year. Payments made in the last six | 28224 |
| months shall be based on the final calculation of the amounts | 28225 |
| payable to each school district for that fiscal year. Payments | 28226 |
| made in the last six months may be adjusted, if necessary, to | 28227 |
| correct the amounts distributed in the first six months, and to | 28228 |
| reflect enrollment increases when such are at least three per | 28229 |
|
cent. | 28230 |
| Beginning in fiscal year 2006, payments shall be calculated | 28231 |
| to reflect the biannual reporting of average daily membership. In | 28232 |
| fiscal year 2006 and in each fiscal year thereafter, payments for | 28233 |
| July through December shall be based on student counts certified | 28234 |
| pursuant to section 3317.03 of the Revised Code for the first full | 28235 |
| week in October, and payments for January through June shall be | 28236 |
| based on the average of student counts certified pursuant to that | 28237 |
| section for the first full week of the previous October and the | 28238 |
| third full week in February. | 28239 |
| Except as otherwise provided, payments under this chapter | 28240 |
| shall be made only to those school districts in which: | 28241 |
| (A) The school district, except for any educational service | 28242 |
| center and any joint vocational or cooperative education school | 28243 |
| district, levies for current operating expenses at least twenty | 28244 |
| mills. Levies for joint vocational or cooperative education school | 28245 |
| districts or county school financing districts, limited to or to | 28246 |
| the extent apportioned to current expenses, shall be included in | 28247 |
| this qualification requirement. School district income tax levies | 28248 |
| under Chapter 5748. of the Revised Code, limited to or to the | 28249 |
| extent apportioned to current operating expenses, shall be | 28250 |
| included in this qualification requirement to the extent | 28251 |
| determined by the tax commissioner under division (D) of section | 28252 |
| 3317.021 of the Revised Code. | 28253 |
| (B) The school year next preceding the fiscal year for which | 28254 |
| such payments are authorized meets the requirement of section | 28255 |
| 3313.48 or 3313.481 of the Revised Code, with regard to the | 28256 |
| minimum number of days or hours school must be open for | 28257 |
| instruction with pupils in attendance, for individualized | 28258 |
| parent-teacher conference and reporting periods, and for | 28259 |
| professional meetings of teachers. This requirement shall be | 28260 |
| waived by the superintendent of public instruction if it had been | 28261 |
| necessary for a school to be closed because of disease epidemic, | 28262 |
| hazardous weather conditions, inoperability of school buses or | 28263 |
| other equipment necessary to the school's operation, damage to a | 28264 |
| school building, or other temporary circumstances due to utility | 28265 |
| failure rendering the school building unfit for school use, | 28266 |
| provided that for those school districts operating pursuant to | 28267 |
| section 3313.48 of the Revised Code the number of days the school | 28268 |
| was actually open for instruction with pupils in attendance and | 28269 |
| for individualized parent-teacher conference and reporting periods | 28270 |
| is not less than one hundred seventy-five, or for those school | 28271 |
| districts operating on a trimester plan the number of days the | 28272 |
| school was actually open for instruction with pupils in attendance | 28273 |
| not less than seventy-nine days in any trimester, for those school | 28274 |
| districts operating on a quarterly plan the number of days the | 28275 |
| school was actually open for instruction with pupils in attendance | 28276 |
| not less than fifty-nine days in any quarter, or for those school | 28277 |
| districts operating on a pentamester plan the number of days the | 28278 |
| school was actually open for instruction with pupils in attendance | 28279 |
| not less than forty-four days in any pentamester. | 28280 |
| A school district shall not be considered to have failed to | 28281 |
| comply with this division or section 3313.481 of the Revised Code | 28282 |
| because schools were open for instruction but either twelfth grade | 28283 |
| students were excused from attendance for up to three days or only | 28284 |
| a portion of the kindergarten students were in attendance for up | 28285 |
| to three days in order to allow for the gradual orientation to | 28286 |
| school of such students. | 28287 |
| The superintendent of public instruction shall waive the | 28288 |
| requirements of this section with reference to the minimum number | 28289 |
| of days or hours school must be in session with pupils in | 28290 |
| attendance for the school year succeeding the school year in which | 28291 |
| a board of education initiates a plan of operation pursuant to | 28292 |
| section 3313.481 of the Revised Code. The minimum requirements of | 28293 |
| this section shall again be applicable to such a district | 28294 |
| beginning with the school year commencing the second July | 28295 |
| succeeding the initiation of one such plan, and for each school | 28296 |
| year thereafter. | 28297 |
| A school district shall not be considered to have failed to | 28298 |
| comply with this division or section 3313.48 or 3313.481 of the | 28299 |
| Revised Code because schools were open for instruction but the | 28300 |
| length of the regularly scheduled school day, for any number of | 28301 |
| days during the school year, was reduced by not more than two | 28302 |
| hours due to hazardous weather conditions. | 28303 |
| (C) The school district has on file, and is paying in | 28304 |
| accordance with, a teachers' salary schedule which complies with | 28305 |
| section 3317.13 of the Revised Code. | 28306 |
| A board of education or governing board of an educational | 28307 |
| service center which has not conformed with other law and the | 28308 |
| rules pursuant thereto, shall not participate in the distribution | 28309 |
| of funds authorized by sections 3317.022 to 3317.0211, 3317.11, | 28310 |
| 3317.16, 3317.17, and 3317.19 of the Revised Code, except for good | 28311 |
| and sufficient reason established to the satisfaction of the state | 28312 |
| board of education and the state controlling board. | 28313 |
| All funds allocated to school districts under this chapter, | 28314 |
| except those specifically allocated for other purposes, shall be | 28315 |
| used to pay current operating expenses only. | 28316 |
| Sec. 3317.012. (A) The general assembly, having deliberated | 28317 |
| on the model with which to calculate the base cost of an adequate | 28318 |
| education per pupil, has made a policy decision to calculate that | 28319 |
| amount as consisting of the following building blocks: | 28320 |
| (1) Base classroom teachers; | 28321 |
| (2) Other personnel support, which includes additional | 28322 |
| teachers, such as music, arts, and physical education teachers | 28323 |
| funded by state, local, or federal funds or other funds that are | 28324 |
| above the base cost funding level, and other school personnel | 28325 |
| including administrators; | 28326 |
| (3) Nonpersonnel support. | 28327 |
| This model reflects policy decisions made by the general | 28328 |
| assembly concerning the cost of base classroom teachers, which | 28329 |
| decisions entail two policy variables: the number of students per | 28330 |
| base classroom teacher necessary for an adequate education and the | 28331 |
| average compensation for a base classroom teacher necessary for an | 28332 |
| adequate education. The model requires the general assembly to | 28333 |
| decide the amount of other personnel support necessary for an | 28334 |
| adequate education, and increase that amount from year to year by | 28335 |
| the same percentage as it increases the average compensation for | 28336 |
| base classroom teachers. The model finally requires the general | 28337 |
| assembly to decide the nonpersonnel costs necessary for an | 28338 |
| adequate education and to inflate the nonpersonnel costs from year | 28339 |
| to year using the projected inflationary measure for the gross | 28340 |
| domestic product deflator (all items) prepared by the bureau of | 28341 |
| labor statistics of the United States department of labor. | 28342 |
| (B)(1) For fiscal year 2006, the general assembly has | 28343 |
| resolved that a ratio of one base classroom teacher per twenty | 28344 |
| students is necessary for an adequate education. The general | 28345 |
| assembly has made a policy decision that the average compensation | 28346 |
| for base classroom teachers is $53,680 for fiscal year 2006, which | 28347 |
| includes an amount for the value of fringe benefits. For fiscal | 28348 |
| year 2007, the general assembly has resolved that a ratio of one | 28349 |
| base classroom teacher per twenty students is necessary for an | 28350 |
| adequate education. The general assembly has made a policy | 28351 |
| decision that the average compensation for base classroom teachers | 28352 |
| is $54,941, which includes an amount for the value of fringe | 28353 |
| benefits. Based on a ratio of twenty students per base classroom | 28354 |
| teacher, these amounts equal $2,684 per pupil in fiscal year 2006 | 28355 |
| and $2,747 per pupil in fiscal year 2007. | 28356 |
| (2) The general assembly has made a policy decision that the | 28357 |
| per pupil cost of salary and benefits of other personnel support | 28358 |
| is $1,807 in fiscal year 2006. Based on the percentage increase | 28359 |
| for the average compensation of base classroom teachers from | 28360 |
| fiscal year 2006 to fiscal year 2007, the per pupil cost of other | 28361 |
| personnel support is $1,850 in fiscal year 2007. | 28362 |
| (3) The general assembly has made a policy decision that the | 28363 |
| per pupil cost of nonpersonnel support is $792 in fiscal year 2006 | 28364 |
| and $806 in fiscal year 2007. The amount for fiscal year 2007 | 28365 |
| reflects the projected inflationary measure for the gross domestic | 28366 |
| product deflator (all items) of 1.80%. | 28367 |
| (4) Based on the determinations specified in divisions (B)(1) | 28368 |
| to (3) of this section, the per-pupil base cost is $5,283 in | 28369 |
| fiscal year 2006 and $5,403 in fiscal year 2007. | 28370 |
| (C) In addition to the per-pupil base cost as determined | 28371 |
| under divisions (A) and (B) of this section, the general assembly | 28372 |
| determines that the following base funding supplements shall be | 28373 |
| paid to each school district: | 28374 |
| (1) Base funding for large-group academic intervention for | 28375 |
| all students, based on 25 hours per group of students per year at | 28376 |
| an hourly rate of $20.00 in fiscal year 2006 and $20.40 in fiscal | 28377 |
| year 2007, as follows: | 28378 |
| 28379 |
| Where: | 28380 |
| (a) "Large-group intervention units" equals the district's | 28381 |
| formula ADM divided by 20; | 28382 |
| (b) "Hourly rate" equals $20.00 in fiscal year 2006 and | 28383 |
| $20.40 in fiscal year 2007. | 28384 |
| (2) Base funding for professional development, phased in | 28385 |
| according to the following formula: | 28386 |
| 28387 |
| 28388 |
| Where: | 28389 |
| (a) For each school district, the district's "teacher factor" | 28390 |
| is the district's formula ADM divided by 17; | 28391 |
| (b) "Phase-in percentage" equals 0.25 in fiscal year 2006 and | 28392 |
| 0.75 in fiscal year 2007. | 28393 |
| (3) Base funding for data-based decision making, calculated | 28394 |
| according to the following formula: | 28395 |
| 28396 |
| (4) Base funding for professional development regarding | 28397 |
| data-based decision making, calculated according to the following | 28398 |
| formula: | 28399 |
| 28400 |
| 28401 |
| 28402 |
| Where: | 28403 |
| (a) For each school district, the district's "teacher factor" | 28404 |
| is the district's formula ADM divided by 17; | 28405 |
| (b) For each school district, the district's "principal | 28406 |
| factor" is the district's formula ADM divided by 340. | 28407 |
| (D) The general assembly intends that school districts spend | 28408 |
| the state funds calculated and paid for each component of the | 28409 |
| building blocks methodology described in divisions (B)(1) to (3) | 28410 |
| and (C)(1) to (4) of this section according to the purposes | 28411 |
| described in those divisions. | 28412 |
| Sec. 3317.013. This section does not apply to handicapped | 28413 |
| preschool students. | 28414 |
| Analysis of special education cost data has resulted in a | 28415 |
| finding that the average special education additional cost per | 28416 |
| pupil, including the costs of related services, can be expressed | 28417 |
| as a multiple of the base cost per pupil calculated under section | 28418 |
| 3317.012 of the Revised Code. The multiples for the following | 28419 |
| categories of special education programs, as these programs are | 28420 |
| defined for purposes of Chapter 3323. of the Revised Code, and | 28421 |
| adjusted as provided in this section, are as follows: | 28422 |
| (A) A multiple of 0.2892 for students whose primary or only | 28423 |
| identified handicap is a speech and language handicap, as this | 28424 |
| term is defined pursuant to Chapter 3323. of the Revised Code; | 28425 |
| (B) A multiple of 0.3691 for students identified as specific | 28426 |
| learning disabled or developmentally handicapped, as these terms | 28427 |
| are defined pursuant to Chapter 3323. of the Revised Code, or | 28428 |
| other health handicapped-minor; | 28429 |
| (C) A multiple of 1.7695 for students identified as hearing | 28430 |
| handicapped, vision impaired, or severe behavior handicapped, as | 28431 |
| these terms are defined pursuant to Chapter 3323. of the Revised | 28432 |
| Code; | 28433 |
| (D) A multiple of 2.3646 for students identified as | 28434 |
| orthopedically handicapped, as this term is defined pursuant to | 28435 |
| Chapter 3323. of the Revised Code or other health handicapped - | 28436 |
| major; | 28437 |
| (E) A multiple of 3.1129 for students identified as | 28438 |
| multihandicapped, as this term is defined pursuant to Chapter | 28439 |
| 3323. of the Revised Code; | 28440 |
| (F) A multiple of 4.7342 for students identified as autistic, | 28441 |
| having traumatic brain injuries, or as both visually and hearing | 28442 |
| disabled, as these terms are defined pursuant to Chapter 3323. of | 28443 |
| the Revised Code. | 28444 |
| In fiscal year 2004, the multiples specified in divisions (A) | 28445 |
| to (F) of this section shall be adjusted by multiplying them by | 28446 |
| 0.88. In fiscal | 28447 |
| specified in those divisions shall be adjusted by multiplying them | 28448 |
| by 0.90. | 28449 |
| Not later than the thirtieth day of May | 28450 |
| 28451 | |
| office of budget and management a report that specifies for each | 28452 |
| city, local, exempted village, and joint vocational school | 28453 |
| district the fiscal year allocation of the state and local shares | 28454 |
| of special education and related services additional weighted | 28455 |
| funding and federal special education funds passed through to the | 28456 |
| district. | 28457 |
| Sec. 3317.016. In addition to its form SF-3, or any successor | 28458 |
| to that form, the department of education shall publish on its web | 28459 |
| site a spreadsheet for each school district that specifies the | 28460 |
| constituent components of the district's "building blocks" funds, | 28461 |
| as follows: | 28462 |
| (A) For compensation of base classroom teachers, as described | 28463 |
| in division (B)(1) of section 3317.012 of the Revised Code, each | 28464 |
| spreadsheet shall specify the district's aggregate and per pupil | 28465 |
| amounts of state funds and of combined state and local funds, the | 28466 |
| average compensation decided by the general assembly for base | 28467 |
| classroom teachers, as specified in that division, and the number | 28468 |
| of base classroom teachers attributable to the district based on | 28469 |
| the student-teacher ratio decided by the general assembly, as | 28470 |
| specified in that division. | 28471 |
| (B) Each spreadsheet shall specify the district's aggregate | 28472 |
| and per pupil amounts of state funds and of combined state and | 28473 |
| local funds for each of the following: | 28474 |
| (1) Other personnel support, as described in division (B)(2) | 28475 |
| of section 3317.012 of the Revised Code; | 28476 |
| (2) Nonpersonnel support, as described in division (B)(3) of | 28477 |
| that section; | 28478 |
| (3) Academic intervention services, as described in division | 28479 |
| (C)(1) of that section; | 28480 |
| (4) Professional development, as described in division (C)(2) | 28481 |
| of that section; | 28482 |
| (5) Data-based decision making, as described in division | 28483 |
| (C)(3) of that section; | 28484 |
| (6) Professional development for data-based decision making, | 28485 |
| as described in division (C)(4) of that section. | 28486 |
| (C) Each spreadsheet shall separately specify the district's | 28487 |
| aggregate and per pupil state funds for each of the following | 28488 |
| components of poverty-based assistance under section 3317.029 of | 28489 |
| the Revised Code: | 28490 |
| (1) Poverty-based assistance guarantee payment under division | 28491 |
| (B) of that section; | 28492 |
| (2) Academic intervention funding under division (C) of that | 28493 |
| section; | 28494 |
| (3) All-day kindergarten under division (D) of that section; | 28495 |
| (4) Class-size reduction under division (E) of that section; | 28496 |
| (5) Services to limited English proficient students under | 28497 |
| division (F) of that section; | 28498 |
| (6) Professional development, under division (G) of that | 28499 |
| section; | 28500 |
| (7) Dropout prevention under division (H) of that section; | 28501 |
| (8) Community outreach under division (I) of that section. | 28502 |
| Sec. 3317.017. (A) Not later than July 1, 2006, the | 28503 |
| superintendent of public instruction shall adopt a rule under | 28504 |
| which the superintendent may issue an order with respect to the | 28505 |
| spending, by a school district declared to be under an academic | 28506 |
| watch or in a state of academic emergency under section 3302.03 of | 28507 |
| the Revised Code, of the following state building block funds | 28508 |
| intended to pay instructional-related costs: | 28509 |
| (1) State funds for compensation of base classroom teachers, | 28510 |
| as described in division (B)(1) of section 3317.012 of the Revised | 28511 |
| Code; | 28512 |
| (2) State funds for academic intervention services under | 28513 |
| division (C)(1) of section 3317.012 and division (C) of section | 28514 |
| 3317.029 of the Revised Code; | 28515 |
| (3) State funds for professional development under divisions | 28516 |
| (C)(2) and (4) of section 3317.012 and division (G) of section | 28517 |
| 3317.029 of the Revised Code; | 28518 |
| (4) State funds for data based decision making under division | 28519 |
| (C)(3) of section 3317.012 of the Revised Code; | 28520 |
| (5) The poverty-based assistance guarantee payment under | 28521 |
| division (B) of section 3317.029 of the Revised Code; | 28522 |
| (6) State funds for all-day kindergarten under division (D) | 28523 |
| of section 3317.029 of the Revised Code; | 28524 |
| (7) State funds for class-size reduction under division (E) | 28525 |
| of section 3317.029 of the Revised Code; | 28526 |
| (8) State funds for services to limited English proficient | 28527 |
| students under division (F) of section 3317.029 of the Revised | 28528 |
| Code; | 28529 |
| (9) State funds for dropout prevention under division (H) of | 28530 |
| section 3317.029 of the Revised Code; | 28531 |
| (10) State funds for community outreach under division (I) of | 28532 |
| section 3317.029 of the Revised Code. | 28533 |
| (B) The rule shall authorize the superintendent of public | 28534 |
| instruction to issue an order that does one or a combination of | 28535 |
| the following: | 28536 |
| (1) Requires the school district to periodically report to | 28537 |
| the superintendent of public instruction on its spending of the | 28538 |
| state funds paid for each building blocks component described in | 28539 |
| divisions (A)(1) to (10) of this section; | 28540 |
| (2) Requires the district to establish a separate account for | 28541 |
| each of the building blocks components described in divisions | 28542 |
| (A)(1) to (10) of this section to which the district shall credit | 28543 |
| the state funds paid for each; | 28544 |
| (3) Directs the district's spending of any or all of the | 28545 |
| state funds paid for the components described in divisions (A)(1) | 28546 |
| to (10) of this section in accordance with the descriptions and | 28547 |
| requirements of sections 3317.012 and 3317.029 of the Revised | 28548 |
| Code. | 28549 |
| (C) The rule shall specify situations in which the | 28550 |
| superintendent may issue an order and the types of orders the | 28551 |
| superintendent will issue for each of those situations. The rule, | 28552 |
| however, shall authorize the superintendent to issue orders in | 28553 |
| situations that are not enumerated or described in the rule. | 28554 |
| (D) The board of education of each school district to which | 28555 |
| the superintendent of public instruction issues an order pursuant | 28556 |
| to the rule adopted under this section shall comply with that | 28557 |
| order. | 28558 |
| Sec. 3317.02. As used in this chapter: | 28559 |
| (A) Unless otherwise specified, "school district" means city, | 28560 |
| local, and exempted village school districts. | 28561 |
| (B) "Formula amount" means the base cost for the fiscal year | 28562 |
| specified in division (B)(4) of section 3317.012 of the Revised | 28563 |
| Code. | 28564 |
| (C) "FTE basis" means a count of students based on full-time | 28565 |
| equivalency, in accordance with rules adopted by the department of | 28566 |
| education pursuant to section 3317.03 of the Revised Code. In | 28567 |
| adopting its rules under this division, the department shall | 28568 |
| provide for counting any student in category one, two, three, | 28569 |
| four, five, or six special education ADM or in category one or two | 28570 |
| vocational education ADM in the same proportion the student is | 28571 |
| counted in formula ADM. | 28572 |
| (D) | 28573 |
| village school district, the number reported pursuant to division | 28574 |
| (A) of section 3317.03 of the Revised Code, and for a joint | 28575 |
| vocational school district, the number reported pursuant to | 28576 |
|
division
(D) of | 28577 |
| Beginning in fiscal year 2006, for payments in which formula ADM | 28578 |
| is a factor, for the months of July through December, formula ADM | 28579 |
| means the number reported in October of that year, and for the | 28580 |
| months of January through June, formula ADM means the average of | 28581 |
| the numbers reported in the previous October and in February. | 28582 |
| | 28583 |
| formula ADMs for the current and preceding two fiscal years. | 28584 |
| 28585 | |
| 28586 | |
| 28587 | |
| 28588 | |
| 28589 | |
| 28590 | |
| 28591 | |
| 28592 | |
| 28593 |
| | 28594 |
| 28595 | |
| 28596 | |
| 28597 | |
| 28598 |
| | 28599 |
| 28600 |
| | 28601 |
| 28602 |
| | 28603 |
| 28604 |
| | 28605 |
| 28606 | |
| 28607 | |
| 28608 | |
| 28609 | |
| 28610 |
| | 28611 |
| 28612 | |
| 28613 | |
| 28614 |
| (F)(1) "Category one special education ADM" means the average | 28615 |
| daily membership of handicapped children receiving special | 28616 |
| education services for the handicap specified in division (A) of | 28617 |
| section 3317.013 of the Revised Code and reported under division | 28618 |
| (B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code. | 28619 |
| (2) "Category two special education ADM" means the average | 28620 |
| daily membership of handicapped children receiving special | 28621 |
| education services for those handicaps specified in division (B) | 28622 |
| of section 3317.013 of the Revised Code and reported under | 28623 |
| division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised | 28624 |
| Code. | 28625 |
| (3) "Category three special education ADM" means the average | 28626 |
| daily membership of students receiving special education services | 28627 |
| for those handicaps specified in division (C) of section 3317.013 | 28628 |
| of the Revised Code, and reported under division (B)(7) or | 28629 |
| (D)(2)(d) of section 3317.03 of the Revised Code. | 28630 |
| (4) "Category four special education ADM" means the average | 28631 |
| daily membership of students receiving special education services | 28632 |
| for those handicaps specified in division (D) of section 3317.013 | 28633 |
| of the Revised Code and reported under division (B)(8) or | 28634 |
| (D)(2)(e) of section 3317.03 of the Revised Code. | 28635 |
| (5) "Category five special education ADM" means the average | 28636 |
| daily membership of students receiving special education services | 28637 |
| for the handicap specified in division (E) of section 3317.013 of | 28638 |
| the Revised Code and reported under division (B)(9) or (D)(2)(f) | 28639 |
| of section 3317.03 of the Revised Code. | 28640 |
| (6) "Category six special education ADM" means the average | 28641 |
| daily membership of students receiving special education services | 28642 |
| for the handicap specified in division (F) of section 3317.013 of | 28643 |
| the Revised Code and reported under division (B)(10) or (D)(2)(g) | 28644 |
| of section 3317.03 of the Revised Code. | 28645 |
| (7) "Category one vocational education ADM" means the average | 28646 |
| daily membership of students receiving vocational education | 28647 |
| services described in division (A) of section 3317.014 of the | 28648 |
| Revised Code and reported under division (B)(11) or (D)(2)(h) of | 28649 |
| section 3317.03 of the Revised Code. | 28650 |
| (8) "Category two vocational education ADM" means the average | 28651 |
| daily membership of students receiving vocational education | 28652 |
| services described in division (B) of section 3317.014 of the | 28653 |
| Revised Code and reported under division (B)(12) or (D)(2)(i) of | 28654 |
| section 3317.03 of the Revised Code. | 28655 |
| Beginning in fiscal year 2006, for payments in which category | 28656 |
| one through six special education ADM or category one or two | 28657 |
| vocational education ADM is a factor, for the months of July | 28658 |
| through December, those terms mean the numbers as described in | 28659 |
| division (F)(1) through (8) of this section, respectively, | 28660 |
| reported in October of that year, and for the months of January | 28661 |
| through June, those terms mean the average of the numbers as | 28662 |
| described in division (F)(1) through (8) of this section, | 28663 |
| respectively, reported in the previous October and in February. | 28664 |
| (G) "Handicapped preschool child" means a handicapped child, | 28665 |
| as defined in section 3323.01 of the Revised Code, who is at least | 28666 |
| age three but is not of compulsory school age, as defined in | 28667 |
| section 3321.01 of the Revised Code, and who is not currently | 28668 |
| enrolled in kindergarten. | 28669 |
| (H) "County MR/DD board" means a county board of mental | 28670 |
| retardation and developmental disabilities. | 28671 |
| (I) "Recognized valuation" means the amount calculated for a | 28672 |
| school district pursuant to section 3317.015 of the Revised Code. | 28673 |
| (J) "Transportation ADM" means the number of children | 28674 |
| reported under division (B)(13) of section 3317.03 of the Revised | 28675 |
| Code. | 28676 |
| (K) "Average efficient transportation use cost per student" | 28677 |
| means a statistical representation of transportation costs as | 28678 |
| calculated under division (D)(2) of section 3317.022 of the | 28679 |
| Revised Code. | 28680 |
| (L) "Taxes charged and payable" means the taxes charged and | 28681 |
| payable against real and public utility property after making the | 28682 |
| reduction required by section 319.301 of the Revised Code, plus | 28683 |
| the taxes levied against tangible personal property. | 28684 |
| (M) "Total taxable value" means the sum of the amounts | 28685 |
| certified for a city, local, exempted village, or joint vocational | 28686 |
| school district under divisions (A)(1) and (2) of section 3317.021 | 28687 |
| of the Revised Code. | 28688 |
| (N) "Cost-of-doing-business factor" means the amount | 28689 |
|
indicated in | 28690 |
| county in which a city, local, exempted village, or joint | 28691 |
| vocational school district is located. If a city, local, or | 28692 |
| exempted village school district is located in more than one | 28693 |
| county, the factor is the amount indicated for the county to which | 28694 |
| the district is assigned by the state department of education. If | 28695 |
| a joint vocational school district is located in more than one | 28696 |
| county, the factor is the amount indicated for the county in which | 28697 |
| the joint vocational school with the greatest formula ADM operated | 28698 |
| by the district is located. | 28699 |
| (1) In fiscal year 2006, the cost-of-doing-business factor | 28700 |
| for each county is: | 28701 |
| COST-OF-DOING-BUSINESS | 28702 | |||
| COUNTY | FACTOR AMOUNT | 28703 | ||
| Adams |
|
28704 | ||
| Allen |
|
28705 | ||
| Ashland |
|
28706 | ||
| Ashtabula |
|
28707 | ||
| Athens |
|
28708 | ||
| Auglaize |
|
28709 | ||
| Belmont |
|
28710 | ||
| Brown |
|
28711 | ||
| Butler |
|
28712 | ||
| Carroll |
|
28713 | ||
| Champaign |
|
28714 | ||
| Clark |
|
28715 | ||
| Clermont |
|
28716 | ||
| Clinton |
|
28717 | ||
| Columbiana |
|
28718 | ||
| Coshocton |
|
28719 | ||
| Crawford |
|
28720 | ||
| Cuyahoga |
|
28721 | ||
| Darke |
|
28722 | ||
| Defiance |
|
28723 | ||
| Delaware |
|
28724 | ||
| Erie |
|
28725 | ||
| Fairfield |
|
28726 | ||
| Fayette |
|
28727 | ||
| Franklin |
|
28728 | ||
| Fulton |
|
28729 | ||
| Gallia | |
28730 | ||
| Geauga |
|
28731 | ||
| Greene |
|
28732 | ||
| Guernsey |
|
28733 | ||
| Hamilton | |
28734 | ||
| Hancock |
|
28735 | ||
| Hardin |
|
28736 | ||
| Harrison |
|
28737 | ||
| Henry |
|
28738 | ||
| Highland |
|
28739 | ||
| Hocking |
|
28740 | ||
| Holmes |
|
28741 | ||
| Huron |
|
28742 | ||
| Jackson |
|
28743 | ||
| Jefferson |
|
28744 | ||
| Knox |
|
28745 | ||
| Lake |
|
28746 | ||
| Lawrence |
|
28747 | ||
| Licking |
|
28748 | ||
| Logan |
|
28749 | ||
| Lorain |
|
28750 | ||
| Lucas |
|
28751 | ||
| Madison |
|
28752 | ||
| Mahoning |
|
28753 | ||
| Marion |
|
28754 | ||
| Medina |
|
28755 | ||
| Meigs |
|
28756 | ||
| Mercer |
|
28757 | ||
| Miami |
|
28758 | ||
| Monroe |
|
28759 | ||
| Montgomery |
|
28760 | ||
| Morgan |
|
28761 | ||
| Morrow |
|
28762 | ||
| Muskingum |
|
28763 | ||
| Noble |
|
28764 | ||
| Ottawa |
|
28765 | ||
| Paulding |
|
28766 | ||
| Perry |
|
28767 | ||
| Pickaway |
|
28768 | ||
| Pike |
|
28769 | ||
| Portage |
|
28770 | ||
| Preble |
|
28771 | ||
| Putnam |
|
28772 | ||
| Richland |
|
28773 | ||
| Ross |
|
28774 | ||
| Sandusky |
|
28775 | ||
| Scioto |
|
28776 | ||
| Seneca |
|
28777 | ||
| Shelby |
|
28778 | ||
| Stark |
|
28779 | ||
| Summit |
|
28780 | ||
| Trumbull |
|
28781 | ||
| Tuscarawas |
|
28782 | ||
| Union |
|
28783 | ||
| Van Wert |
|
28784 | ||
| Vinton |
|
28785 | ||
| Warren |
|
28786 | ||
| Washington |
|
28787 | ||
| Wayne |
|
28788 | ||
| Williams |
|
28789 | ||
| Wood |
|
28790 | ||
| Wyandot |
|
28791 |
| (2) In fiscal year 2007, the cost-of-doing-business factor | 28792 |
| for each county is: | 28793 |
| COST-OF-DOING-BUSINESS | 28794 | |||
| COUNTY | FACTOR AMOUNT | 28795 | ||
| Adams | 1.00117 | 28796 | ||
| Allen | 1.00687 | 28797 | ||
| Ashland | 1.00990 | 28798 | ||
| Ashtabula | 1.01323 | 28799 | ||
| Athens | 1.00047 | 28800 | ||
| Auglaize | 1.00823 | 28801 | ||
| Belmont | 1.00213 | 28802 | ||
| Brown | 1.00590 | 28803 | ||
| Butler | 1.02153 | 28804 | ||
| Carroll | 1.00457 | 28805 | ||
| Champaign | 1.01487 | 28806 | ||
| Clark | 1.01490 | 28807 | ||
| Clermont | 1.01803 | 28808 | ||
| Clinton | 1.01097 | 28809 | ||
| Columbiana | 1.00713 | 28810 | ||
| Coshocton | 1.00577 | 28811 | ||
| Crawford | 1.00547 | 28812 | ||
| Cuyahoga | 1.02087 | 28813 | ||
| Darke | 1.01127 | 28814 | ||
| Defiance | 1.00487 | 28815 | ||
| Delaware | 1.01760 | 28816 | ||
| Erie | 1.01293 | 28817 | ||
| Fairfield | 1.01220 | 28818 | ||
| Fayette | 1.01063 | 28819 | ||
| Franklin | 1.02027 | 28820 | ||
| Fulton | 1.01100 | 28821 | ||
| Gallia | 1.00000 | 28822 | ||
| Geauga | 1.01670 | 28823 | ||
| Greene | 1.01480 | 28824 | ||
| Guernsey | 1.00220 | 28825 | ||
| Hamilton | 1.02500 | 28826 | ||
| Hancock | 1.00717 | 28827 | ||
| Hardin | 1.01187 | 28828 | ||
| Harrison | 1.00247 | 28829 | ||
| Henry | 1.01060 | 28830 | ||
| Highland | 1.00493 | 28831 | ||
| Hocking | 1.00627 | 28832 | ||
| Holmes | 1.00593 | 28833 | ||
| Huron | 1.00977 | 28834 | ||
| Jackson | 1.00460 | 28835 | ||
| Jefferson | 1.00243 | 28836 | ||
| Knox | 1.00930 | 28837 | ||
| Lake | 1.01747 | 28838 | ||
| Lawrence | 1.00270 | 28839 | ||
| Licking | 1.01270 | 28840 | ||
| Logan | 1.01283 | 28841 | ||
| Lorain | 1.01717 | 28842 | ||
| Lucas | 1.01300 | 28843 | ||
| Madison | 1.01627 | 28844 | ||
| Mahoning | 1.01153 | 28845 | ||
| Marion | 1.01020 | 28846 | ||
| Medina | 1.01787 | 28847 | ||
| Meigs | 1.00087 | 28848 | ||
| Mercer | 1.00677 | 28849 | ||
| Miami | 1.01370 | 28850 | ||
| Monroe | 1.00167 | 28851 | ||
| Montgomery | 1.01510 | 28852 | ||
| Morgan | 1.00297 | 28853 | ||
| Morrow | 1.01003 | 28854 | ||
| Muskingum | 1.00423 | 28855 | ||
| Noble | 1.00243 | 28856 | ||
| Ottawa | 1.01620 | 28857 | ||
| Paulding | 1.00383 | 28858 | ||
| Perry | 1.00533 | 28859 | ||
| Pickaway | 1.01303 | 28860 | ||
| Pike | 1.00343 | 28861 | ||
| Portage | 1.01573 | 28862 | ||
| Preble | 1.01473 | 28863 | ||
| Putnam | 1.00720 | 28864 | ||
| Richland | 1.00663 | 28865 | ||
| Ross | 1.00503 | 28866 | ||
| Sandusky | 1.01070 | 28867 | ||
| Scioto | 1.00040 | 28868 | ||
| Seneca | 1.00743 | 28869 | ||
| Shelby | 1.00927 | 28870 | ||
| Stark | 1.00850 | 28871 | ||
| Summit | 1.01807 | 28872 | ||
| Trumbull | 1.01170 | 28873 | ||
| Tuscarawas | 1.00297 | 28874 | ||
| Union | 1.01667 | 28875 | ||
| Van Wert | 1.00443 | 28876 | ||
| Vinton | 1.00317 | 28877 | ||
| Warren | 1.02193 | 28878 | ||
| Washington | 1.00200 | 28879 | ||
| Wayne | 1.01160 | 28880 | ||
| Williams | 1.00760 | 28881 | ||
| Wood | 1.01200 | 28882 | ||
| Wyandot | 1.00570 | 28883 |
| (O) "Tax exempt value" of a school district means the amount | 28884 |
| certified for a school district under division (A)(4) of section | 28885 |
| 3317.021 of the Revised Code. | 28886 |
| (P) "Potential value" of a school district means the | 28887 |
| recognized valuation of a school district plus the tax exempt | 28888 |
| value of the district. | 28889 |
| (Q) "District median income" means the median Ohio adjusted | 28890 |
| gross income certified for a school district. On or before the | 28891 |
| first day of July of each year, the tax commissioner shall certify | 28892 |
| to the department of education for each city, exempted village, | 28893 |
| and local school district the median Ohio adjusted gross income of | 28894 |
| the residents of the school district determined on the basis of | 28895 |
| tax returns filed for the second preceding tax year by the | 28896 |
| residents of the district. | 28897 |
| (R) "Statewide median income" means the median district | 28898 |
| median income of all city, exempted village, and local school | 28899 |
| districts in the state. | 28900 |
| (S) "Income factor" for a city, exempted village, or local | 28901 |
| school district means the quotient obtained by dividing that | 28902 |
| district's median income by the statewide median income. | 28903 |
| (T) "Medically fragile child" means a child to whom all of | 28904 |
| the following apply: | 28905 |
| (1) The child requires the services of a doctor of medicine | 28906 |
| or osteopathic medicine at least once a week due to the | 28907 |
| instability of the child's medical condition. | 28908 |
| (2) The child requires the services of a registered nurse on | 28909 |
| a daily basis. | 28910 |
| (3) The child is at risk of institutionalization in a | 28911 |
| hospital, skilled nursing facility, or intermediate care facility | 28912 |
| for the mentally retarded. | 28913 |
| (U) A child may be identified as "other health | 28914 |
| handicapped-major" if the child's condition meets the definition | 28915 |
| of "other health impaired" established in rules adopted by the | 28916 |
| state board of education prior to July 1, 2001, and if either of | 28917 |
| the following apply: | 28918 |
| (1) The child is identified as having a medical condition | 28919 |
| that is among those listed by the superintendent of public | 28920 |
| instruction as conditions where a substantial majority of cases | 28921 |
| fall within the definition of "medically fragile child." The | 28922 |
| superintendent of public instruction shall issue an initial list | 28923 |
| no later than September 1, 2001. | 28924 |
| (2) The child is determined by the superintendent of public | 28925 |
| instruction to be a medically fragile child. A school district | 28926 |
| superintendent may petition the superintendent of public | 28927 |
| instruction for a determination that a child is a medically | 28928 |
| fragile child. | 28929 |
| (V) A child may be identified as "other health | 28930 |
| handicapped-minor" if the child's condition meets the definition | 28931 |
| of "other health impaired" established in rules adopted by the | 28932 |
| state board of education prior to July 1, 2001, but the child's | 28933 |
| condition does not meet either of the conditions specified in | 28934 |
| division (U)(1) or (2) of this section. | 28935 |
| (W) "SF-3 payment" means the sum of the payments to a school | 28936 |
| district in a fiscal year under divisions (A), (C)(1), (C)(4), | 28937 |
| (D), (E), and (F) of section 3317.022, divisions (J), (P), and (R) | 28938 |
| of section 3317.024, and sections 3317.029, 3317.0216, 3317.0217, | 28939 |
| 3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code after | 28940 |
| making the adjustments required by sections 3313.981 and 3313.979 | 28941 |
| of the Revised Code, divisions (B), (C), (D), (E), (K), (L), (M), | 28942 |
| (N), and (O) of section 3317.023, and division (C) of section | 28943 |
| 3317.20 of the Revised Code. | 28944 |
| (X) "Property exemption value" means zero in fiscal year | 28945 |
| 2006, and in fiscal year 2007 and each fiscal year thereafter, the | 28946 |
| amount certified for a school district under divisions (A)(6) and | 28947 |
| (7) of section 3317.021 of the Revised Code. | 28948 |
| Sec. 3317.021. (A) On or before the first day of June of | 28949 |
| each year, the tax commissioner shall certify to the department of | 28950 |
| education the following information for each city, exempted | 28951 |
| village, and local school district, and the information required | 28952 |
| by divisions (A)(1) and (2) of this section for each joint | 28953 |
| vocational school district, and it shall be used, along with the | 28954 |
| information certified under division (B) of this section, in | 28955 |
| making the computations for the district under sections 3317.022 | 28956 |
| and 3317.0217 or section 3317.16 of the Revised Code: | 28957 |
| (1) The taxable value of real and public utility real | 28958 |
| property in the school district subject to taxation in the | 28959 |
| preceding tax year, by class and by county of location; | 28960 |
| (2) The taxable value of tangible personal property, | 28961 |
| including public utility personal property, subject to taxation by | 28962 |
| the district for the preceding tax year; | 28963 |
| (3)(a) The total property tax rate and total taxes charged | 28964 |
| and payable for the current expenses for the preceding tax year | 28965 |
| and the total property tax rate and the total taxes charged and | 28966 |
| payable to a joint vocational district for the preceding tax year | 28967 |
| that are limited to or to the extent apportioned to current | 28968 |
| expenses; | 28969 |
| (b) The portion of the amount of taxes charged and payable | 28970 |
| reported for each city, local, and exempted village school | 28971 |
| district under division (A)(3)(a) of this section attributable to | 28972 |
| a joint vocational school district. | 28973 |
| (4) The value of all real and public utility real property in | 28974 |
| the school district exempted from taxation minus both of the | 28975 |
| following: | 28976 |
| (a) The value of real and public utility real property in the | 28977 |
| district owned by the United States government and used | 28978 |
| exclusively for a public purpose; | 28979 |
| (b) The value of real and public utility real property in the | 28980 |
| district exempted from taxation under Chapter 725. or 1728. or | 28981 |
| section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, | 28982 |
| 5709.73, or 5709.78 of the Revised Code. | 28983 |
| (5) The total federal adjusted gross income of the residents | 28984 |
| of the school district, based on tax returns filed by the | 28985 |
| residents of the district, for the most recent year for which this | 28986 |
| information is available; | 28987 |
| (6) The aggregate value of real property in the school | 28988 |
| district exempted from taxation pursuant to an ordinance adopted | 28989 |
| by the legislative authority of a municipal corporation under | 28990 |
| division (C) of section 5709.40 of the Revised Code or pursuant to | 28991 |
| a resolution adopted by a board of township trustees or board of | 28992 |
| county commissioners under division (C) of section 5709.73 or | 28993 |
| division (B) of section 5709.78 of the Revised Code, respectively, | 28994 |
| but not including payments in lieu of taxes provided under | 28995 |
| division (D)(1) of section 5709.40, division (D)(1) of section | 28996 |
| 5709.73, or division (C)(1) of section 5709.78 of the Revised | 28997 |
| Code, respectively, as indicated on the list of exempted property | 28998 |
| for the preceding tax year under section 5713.08 of the Revised | 28999 |
| Code and as if such property had been assessed for taxation that | 29000 |
| year, minus the following amounts: | 29001 |
| (a) The aggregate value of the improvements to parcels of | 29002 |
| real property in the school district exempted from taxation | 29003 |
| pursuant to such ordinance or resolution, if the ordinance or | 29004 |
| resolution is adopted prior to January 1, 2006, and the | 29005 |
| legislative authority or board of township trustees or county | 29006 |
| commissioners, prior to January 1, 2006, executes a contract or | 29007 |
| agreement with a developer, whether for-profit or not-for-profit, | 29008 |
| with respect to the development of a project undertaken or to be | 29009 |
| undertaken and identified in the ordinance or resolution, and upon | 29010 |
| which parcels such project is being, or will be, undertaken; | 29011 |
| (b) The product determined by multiplying (i) the aggregate | 29012 |
| value of the improvements to parcels of real property in the | 29013 |
| school district exempted from taxation pursuant to any such | 29014 |
| ordinance or resolution, minus the aggregate value of any | 29015 |
| improvement excluded pursuant to division (A)(6)(a) of this | 29016 |
| section, by (ii) a fraction, the numerator of which is the | 29017 |
| difference between (I) the amount of anticipated revenue such | 29018 |
| school district would have received in the preceding fiscal year | 29019 |
| if the real property exempted from taxation pursuant to such | 29020 |
| ordinance or resolution had not been exempted from taxation and | 29021 |
| (II) the aggregate amount of payments and other compensation | 29022 |
| received in the preceding fiscal year by the school district | 29023 |
| pursuant to all agreements between the school district and a | 29024 |
| legislative authority or board of township trustees or county | 29025 |
| commissioners that were entered into in relation to such ordinance | 29026 |
| or resolution, and the denominator of which is the amount of | 29027 |
| anticipated revenue such school district would have received in | 29028 |
| the preceding fiscal year if the real property exempted from | 29029 |
| taxation pursuant to such ordinance or resolution had not been | 29030 |
| exempted from taxation; | 29031 |
| (c) The aggregate value of the improvements to parcels of | 29032 |
| real property in the school district exempted from taxation | 29033 |
| pursuant to such ordinance or resolution, if and to the extent | 29034 |
| that, on or before April 1, 2006, the fiscal officer of the | 29035 |
| municipal corporation that adopted the ordinance, or of the | 29036 |
| township or county that adopted the resolution, certifies and | 29037 |
| provides appropriate supporting documentation to the tax | 29038 |
| commissioner and the director of development that, based on | 29039 |
| hold-harmless provisions in any agreement between the school | 29040 |
| district and the legislative authority of the municipal | 29041 |
| corporation, board of township trustees, or board of county | 29042 |
| commissioners that was entered into on or before June 1, 2005, the | 29043 |
| ability or obligation of the municipal corporation, township, or | 29044 |
| county to repay bonds, notes, or other financial obligations | 29045 |
| issued or entered into prior to January 1, 2006, will be impaired, | 29046 |
| including obligations to or of any other body corporate and | 29047 |
| politic with whom the legislative authority of the municipal | 29048 |
| corporation or board of township trustees or county commissioners | 29049 |
| has entered into an agreement pertaining to the use of service | 29050 |
| payments derived from the improvements exempted; | 29051 |
| (d) The aggregate value of the improvements to parcels of | 29052 |
| real property in the school district exempted from taxation | 29053 |
| pursuant to such ordinance or resolution, if the ordinance or | 29054 |
| resolution is adopted prior to January 1, 2006, in a municipal | 29055 |
| corporation with a population that exceeds one hundred thousand, | 29056 |
| as shown by the most recent federal decennial census, that | 29057 |
| includes a major employment center and that is adjacent to | 29058 |
| historically distressed neighborhoods, if the legislative | 29059 |
| authority of the municipal corporation, the board of township | 29060 |
| trustees, or the board of county commissioners that exempted the | 29061 |
| property prepares an economic analysis that demonstrates that all | 29062 |
| taxes generated within the incentive district accruing to the | 29063 |
| state by reason of improvements constructed within the district | 29064 |
| during its existence exceed the amount the state pays the school | 29065 |
| district under section 3317.022 of the Revised Code attributable | 29066 |
| to such property exemption from the school district's recognized | 29067 |
| valuation. The analysis shall be submitted to and approved by the | 29068 |
| department of development prior to January 1, 2006, and the | 29069 |
| department shall not unreasonably withhold approval. Approval | 29070 |
| shall permit use of the aggregate value for the life of the | 29071 |
| incentive district as designated in the ordinance or resolution | 29072 |
| creating it. | 29073 |
| (e) The aggregate value of the improvements to parcels of | 29074 |
| real property in the school district exempted from taxation under | 29075 |
| such ordinance or resolution, if the ordinance or resolution is | 29076 |
| adopted prior to January 1, 2006, and if service payments have | 29077 |
| been pledged to be used for mixed-use riverfront entertainment | 29078 |
| development in any county with a population that exceeds six | 29079 |
| hundred thousand, as shown by the most recent federal decennial | 29080 |
| census; | 29081 |
| (f) The aggregate value of the improvements to parcels of | 29082 |
| real property in the school district exempted from taxation under | 29083 |
| such ordinance or resolution, if, prior to January 1, 2006, the | 29084 |
| legislative authority of a municipal corporation, board of | 29085 |
| township trustees, or board of county commissioners has pledged | 29086 |
| service payments for a designated transportation capacity project | 29087 |
| approved by the transportation review advisory council under | 29088 |
| Chapter 5512. of the Revised Code; | 29089 |
| (g) The aggregate value of the improvements to parcels of | 29090 |
| real property in the school district exempted from taxation under | 29091 |
| such ordinance or resolution if the legislative authority of a | 29092 |
| municipal corporation, board of township trustees, or board of | 29093 |
| county commissioners have, by January 1, 2006, pledged proceeds | 29094 |
| for designated transportation improvement projects that involve | 29095 |
| federal funds for which the proceeds are used to meet a local | 29096 |
| share match requirement for such funding. | 29097 |
| As used in division (A)(6) of this section, "project" has the | 29098 |
| same meaning as in section 5709.40 of the Revised Code. | 29099 |
| (7) The aggregate value of real property in the school | 29100 |
| district for which an exemption from taxation is granted on or | 29101 |
| after January 1, 2006, under Chapter 725. or 1728., sections | 29102 |
| 3735.65 to 3735.70, or section 5709.62, 5709.63, 5709.632, | 29103 |
| 5709.84, or 5709.88 of the Revised Code, as indicated on the list | 29104 |
| of exempted property for the preceding tax year under section | 29105 |
| 5713.08 of the Revised Code and as if such property had been | 29106 |
| assessed for taxation that year, but not including compensation | 29107 |
| for tax revenue foregone pursuant to an agreement entered into on | 29108 |
| or after January 1, 2006, under section 5709.82 of the Revised | 29109 |
| Code, and minus the product determined by multiplying (a) the | 29110 |
| aggregate value of the real property in the school district | 29111 |
| exempted from taxation under any of the chapters or sections | 29112 |
| specified in this division, by (b) a fraction, the numerator of | 29113 |
| which is the difference between (i) the amount of anticipated | 29114 |
| revenue such school district would have received in the preceding | 29115 |
| fiscal year if the real property exempted from taxation had not | 29116 |
| been exempted from taxation and (ii) the aggregate amount of | 29117 |
| payments and other compensation received in the preceding fiscal | 29118 |
| year by the school district pursuant to any agreements between the | 29119 |
| school district and the legislative authority of a political | 29120 |
| subdivision that acted under the authority of a chapter or statute | 29121 |
| specified in this division, that were entered into in relation to | 29122 |
| such exemption, and the denominator of which is the amount of | 29123 |
| anticipated revenue such school district would have received in | 29124 |
| the preceding fiscal year if the real property exempted from | 29125 |
| taxation had not been exempted. | 29126 |
| (B) On or before the first day of May each year, the tax | 29127 |
| commissioner shall certify to the department of education the | 29128 |
| total taxable real property value of railroads and, separately, | 29129 |
| the total taxable tangible personal property value of all public | 29130 |
| utilities for the preceding tax year, by school district and by | 29131 |
| county of location. | 29132 |
| (C) If a public utility has properly and timely filed a | 29133 |
| petition for reassessment under section 5727.47 of the Revised | 29134 |
| Code with respect to an assessment issued under section 5727.23 of | 29135 |
| the Revised Code affecting taxable property apportioned by the tax | 29136 |
| commissioner to a school district, the taxable value of public | 29137 |
| utility tangible personal property included in the certification | 29138 |
| under divisions (A)(2) and (B) of this section for the school | 29139 |
| district shall include only the amount of taxable value on the | 29140 |
| basis of which the public utility paid tax for the preceding year | 29141 |
| as provided in division (B)(1) or (2) of section 5727.47 of the | 29142 |
| Revised Code. | 29143 |
| (D) If on the basis of the information certified under | 29144 |
| division (A) of this section, the department determines that any | 29145 |
| district fails in any year to meet the qualification requirement | 29146 |
| specified in division (A) of section 3317.01 of the Revised Code, | 29147 |
| the department shall immediately request the tax commissioner to | 29148 |
| determine the extent to which any school district income tax | 29149 |
| levied by the district under Chapter 5748. of the Revised Code | 29150 |
| shall be included in meeting that requirement. Within five days of | 29151 |
| receiving such a request from the department, the tax commissioner | 29152 |
| shall make the determination required by this division and report | 29153 |
| the quotient obtained under division (D)(3) of this section to the | 29154 |
| department. This quotient represents the number of mills that the | 29155 |
| department shall include in determining whether the district meets | 29156 |
| the qualification requirement of division (A) of section 3317.01 | 29157 |
| of the Revised Code. | 29158 |
| The tax commissioner shall make the determination required by | 29159 |
| this division as follows: | 29160 |
| (1) Multiply one mill times the total taxable value of the | 29161 |
| district as determined in divisions (A)(1) and (2) of this | 29162 |
| section; | 29163 |
| (2) Estimate the total amount of tax liability for the | 29164 |
| current tax year under taxes levied by Chapter 5748. of the | 29165 |
| Revised Code that are apportioned to current operating expenses of | 29166 |
| the district; | 29167 |
| (3) Divide the amount estimated under division (D)(2) of this | 29168 |
| section by the product obtained under division (D)(1) of this | 29169 |
| section. | 29170 |
| (E) On or before June 1, 2006, and the first day of June of | 29171 |
| each year thereafter, the director of development shall certify to | 29172 |
| the department of education the total amount of payments received | 29173 |
| by each city, local, exempted village, or joint vocational school | 29174 |
| district during the preceding tax year pursuant to an agreement | 29175 |
| entered into under division (B) of section 5709.82 of the Revised | 29176 |
| Code in relation to exemptions from taxation granted pursuant to | 29177 |
| an ordinance adopted by the legislative authority of a municipal | 29178 |
| corporation under division (C)(1) of section 5709.40 of the | 29179 |
| Revised Code, or a resolution adopted by a board of township | 29180 |
| trustees or board of county commissioners under division (C)(1) of | 29181 |
| section 5709.73 or division (B)(1) of section 5709.78 of the | 29182 |
| Revised Code, respectively. On or before April 1, 2006, and the | 29183 |
| first day of April of each year thereafter, the treasurer of each | 29184 |
| city, local, exempted village, or joint vocational school district | 29185 |
| that has entered into such an agreement shall report to the | 29186 |
| director of development the total amount of such payments the | 29187 |
| district received during the preceding tax year pursuant to each | 29188 |
| such agreement. The state board of education, in accordance with | 29189 |
| sections 3319.31 and 3319.311 of the Revised Code, may suspend or | 29190 |
| revoke the license of a treasurer found to have willfully reported | 29191 |
| erroneous, inaccurate, or incomplete data under this division. | 29192 |
| Sec. 3317.022. (A) | 29193 |
| compute and distribute state base cost funding to each school | 29194 |
|
district for the fiscal year | 29195 |
| 29196 | |
| 29197 | |
| of the Revised Code in the calendar year in which the fiscal year | 29198 |
| begins. | 29199 |
| (1) Compute the following for each eligible district: | 29200 |
| 29201 |
| 29202 |
| 29203 | |
| 29204 | |
| 29205 |
| 29206 | |
| 29207 |
| If the difference obtained is a negative number, the | 29208 |
| district's computation shall be zero. | 29209 |
| (2) Compute both of the following for each school district: | 29210 |
| (a) The difference of (i) the district's fiscal year 2005 | 29211 |
| base cost payment under the version of division (A)(1) of this | 29212 |
| section in effect in fiscal year 2005, minus (ii) the amount | 29213 |
| computed for the district for the current fiscal year under | 29214 |
| current division (A)(1) of this section; | 29215 |
| (b) The following amount: | 29216 |
| 29217 |
| 29218 |
| 29219 |
| If one of the amounts computed under division (A)(2)(a) or | 29220 |
| (b) of this section is a positive amount, the department shall pay | 29221 |
| the district that amount in addition to the amount calculated | 29222 |
| under division (A)(1) of this section. If both amounts are | 29223 |
| positive amounts, the department shall pay the district the lesser | 29224 |
| of the two amounts in addition to the amount calculated under | 29225 |
| division (A)(1) of this section. | 29226 |
| (3)(a) For each school district for which the tax exempt | 29227 |
| value of the district equals or exceeds twenty-five per cent of | 29228 |
| the potential value of the district, the department of education | 29229 |
| shall calculate the difference between the district's tax exempt | 29230 |
| value and twenty-five per cent of the district's potential value. | 29231 |
| (b) For each school district to which division
(A) | 29232 |
| of this section applies, the department shall adjust the | 29233 |
| recognized valuation used in the calculation under division (A)(1) | 29234 |
| of this section by subtracting from it the amount calculated under | 29235 |
|
division (A) | 29236 |
| (B) As used in this section: | 29237 |
| (1) The "total special education weight" for a district means | 29238 |
| the sum of the following amounts: | 29239 |
| (a) The district's category one special education ADM | 29240 |
| multiplied by the multiple specified in division (A) of section | 29241 |
| 3317.013 of the Revised Code; | 29242 |
| (b) The district's category two special education ADM | 29243 |
| multiplied by the multiple specified in division (B) of section | 29244 |
| 3317.013 of the Revised Code; | 29245 |
| (c) The district's category three special education ADM | 29246 |
| multiplied by the multiple specified in division (C) of section | 29247 |
| 3317.013 of the Revised Code; | 29248 |
| (d) The district's category four special education ADM | 29249 |
| multiplied by the multiple specified in division (D) of section | 29250 |
| 3317.013 of the Revised Code; | 29251 |
| (e) The district's category five special education ADM | 29252 |
| multiplied by the multiple specified in division (E) of section | 29253 |
| 3317.013 of the Revised Code; | 29254 |
| (f) The district's category six special education ADM | 29255 |
| multiplied by the multiple specified in division (F) of section | 29256 |
| 3317.013 of the Revised Code. | 29257 |
| (2) "State share percentage" means the percentage calculated | 29258 |
| for a district as follows: | 29259 |
| (a) Calculate the state base cost funding amount for the | 29260 |
| district for the fiscal year under division (A) of this section. | 29261 |
| If the district would not receive any state base cost funding for | 29262 |
| that year under that division, the district's state share | 29263 |
| percentage is zero. | 29264 |
| (b) If the district would receive state base cost funding | 29265 |
| under that division, divide that amount by an amount equal to the | 29266 |
| following: | 29267 |
| 29268 |
| 29269 |
| 29270 | |
| 29271 |
| The resultant number is the district's state share | 29272 |
| percentage. | 29273 |
| (3) "Related services" includes: | 29274 |
| (a) Child study, special education supervisors and | 29275 |
| coordinators, speech and hearing services, adaptive physical | 29276 |
| development services, occupational or physical therapy, teacher | 29277 |
| assistants for handicapped children whose handicaps are described | 29278 |
| in division (B) of section 3317.013 or division (F)(3) of section | 29279 |
| 3317.02 of the Revised Code, behavioral intervention, interpreter | 29280 |
| services, work study, nursing services, and specialized | 29281 |
| integrative services as those terms are defined by the department; | 29282 |
| (b) Speech and language services provided to any student with | 29283 |
| a handicap, including any student whose primary or only handicap | 29284 |
| is a speech and language handicap; | 29285 |
| (c) Any related service not specifically covered by other | 29286 |
| state funds but specified in federal law, including but not | 29287 |
| limited to, audiology and school psychological services; | 29288 |
| (d) Any service included in units funded under former | 29289 |
| division (O)(1) of section 3317.023 of the Revised Code; | 29290 |
| (e) Any other related service needed by handicapped children | 29291 |
| in accordance with their individualized education plans. | 29292 |
| (4) The "total vocational education weight" for a district | 29293 |
| means the sum of the following amounts: | 29294 |
| (a) The district's category one vocational education ADM | 29295 |
| multiplied by the multiple specified in division (A) of section | 29296 |
| 3317.014 of the Revised Code; | 29297 |
| (b) The district's category two vocational education ADM | 29298 |
| multiplied by the multiple specified in division (B) of section | 29299 |
| 3317.014 of the Revised Code. | 29300 |
| (C)(1) The department shall compute and distribute state | 29301 |
| special education and related services additional weighted costs | 29302 |
| funds to each school district in accordance with the following | 29303 |
| formula: | 29304 |
| 29305 |
| 29306 |
| 29307 |
| 29308 |
| (2) The attributed local share of special education and | 29309 |
| related services additional weighted costs equals: | 29310 |
| 29311 |
| 29312 |
| 29313 |
| (3)(a) The department shall compute and pay in accordance | 29314 |
| with this division additional state aid to school districts for | 29315 |
| students in categories two through six special education ADM. If a | 29316 |
| district's costs for the fiscal year for a student in its | 29317 |
| categories two through six special education ADM exceed the | 29318 |
| threshold catastrophic cost for serving the student, the district | 29319 |
| may submit to the superintendent of public instruction | 29320 |
| documentation, as prescribed by the superintendent, of all its | 29321 |
| costs for that student. Upon submission of documentation for a | 29322 |
| student of the type and in the manner prescribed, the department | 29323 |
| shall pay to the district an amount equal to the sum of the | 29324 |
| following: | 29325 |
| (i) One-half of the district's costs for the student in | 29326 |
| excess of the threshold catastrophic cost; | 29327 |
| (ii) The product of one-half of the district's costs for the | 29328 |
| student in excess of the threshold catastrophic cost multiplied by | 29329 |
| the district's state share percentage. | 29330 |
| (b) For purposes of division (C)(3)(a) of this section, the | 29331 |
| threshold catastrophic cost for serving a student equals: | 29332 |
| (i) For a student in the school district's category two, | 29333 |
| three, four, or five special education ADM, twenty-five thousand | 29334 |
|
dollars in fiscal year 2002 | 29335 |
| hundred dollars in fiscal years 2003, 2004, and 2005, and | 29336 |
| twenty-six thousand five hundred dollars in fiscal years 2006 and | 29337 |
| 2007; | 29338 |
| (ii) For a student in the district's category six special | 29339 |
|
education ADM, thirty thousand dollars in fiscal year 2002 | 29340 |
| thirty thousand eight hundred forty dollars in fiscal years 2003, | 29341 |
| 2004, and 2005, and thirty-one thousand eight hundred dollars in | 29342 |
| fiscal years 2006 and 2007. | 29343 |
| (c) The district shall only report under division (C)(3)(a) | 29344 |
| of this section, and the department shall only pay for, the costs | 29345 |
| of educational expenses and the related services provided to the | 29346 |
| student in accordance with the student's individualized education | 29347 |
| program. Any legal fees, court costs, or other costs associated | 29348 |
| with any cause of action relating to the student may not be | 29349 |
| included in the amount. | 29350 |
| (4)(a) As used in this division, the "personnel allowance" | 29351 |
| means thirty thousand dollars in fiscal years 2002, 2003, 2004, | 29352 |
| 29353 |
| (b) For the provision of speech language pathology services | 29354 |
| to students, including students who do not have individualized | 29355 |
| education programs prepared for them under Chapter 3323. of the | 29356 |
| Revised Code, and for no other purpose, the department of | 29357 |
| education shall pay each school district an amount calculated | 29358 |
| under the following formula: | 29359 |
| 29360 |
| 29361 |
| (5) In any fiscal year, a school district shall spend for | 29362 |
| purposes that the department designates as approved for special | 29363 |
| education and related services expenses at least the amount | 29364 |
| calculated as follows: | 29365 |
| 29366 |
| 29367 |
| 29368 |
| 29369 |
| The purposes approved by the department for special education | 29370 |
| expenses shall include, but shall not be limited to, | 29371 |
| identification of handicapped children, compliance with state | 29372 |
| rules governing the education of handicapped children and | 29373 |
| prescribing the continuum of program options for handicapped | 29374 |
| children, provision of speech language pathology services, and the | 29375 |
| portion of the school district's overall administrative and | 29376 |
| overhead costs that are attributable to the district's special | 29377 |
| education student population. | 29378 |
| The department shall require school districts to report data | 29379 |
| annually to allow for monitoring compliance with division (C)(5) | 29380 |
| of this section. The department shall annually report to the | 29381 |
| governor and the general assembly the amount of money spent by | 29382 |
| each school district for special education and related services. | 29383 |
| (6) In any fiscal year, a school district shall spend for the | 29384 |
| provision of speech language pathology services not less than the | 29385 |
| sum of the amount calculated under division (C)(1) of this section | 29386 |
| for the students in the district's category one special education | 29387 |
| ADM and the amount calculated under division (C)(4) of this | 29388 |
| section. | 29389 |
| (D)(1) As used in this division: | 29390 |
| (a) "Daily bus miles per student" equals the number of bus | 29391 |
| miles traveled per day, divided by transportation base. | 29392 |
| (b) "Transportation base" equals total student count as | 29393 |
| defined in section 3301.011 of the Revised Code, minus the number | 29394 |
| of students enrolled in preschool handicapped units, plus the | 29395 |
| number of nonpublic school students included in transportation | 29396 |
| ADM. | 29397 |
| (c) "Transported student percentage" equals transportation | 29398 |
| ADM divided by transportation base. | 29399 |
| (d) "Transportation cost per student" equals total operating | 29400 |
| costs for board-owned or contractor-operated school buses divided | 29401 |
| by transportation base. | 29402 |
| (2) Analysis of student transportation cost data has resulted | 29403 |
| in a finding that an average efficient transportation use cost per | 29404 |
| student can be calculated by means of a regression formula that | 29405 |
| has as its two independent variables the number of daily bus miles | 29406 |
| per student and the transported student percentage. For fiscal | 29407 |
| year 1998 transportation cost data, the average efficient | 29408 |
| transportation use cost per student is expressed as follows: | 29409 |
| 29410 |
| 29411 |
| The department of education shall annually determine the | 29412 |
| average efficient transportation use cost per student in | 29413 |
| accordance with the principles stated in division (D)(2) of this | 29414 |
| section, updating the intercept and regression coefficients of the | 29415 |
| regression formula modeled in this division, based on an annual | 29416 |
| statewide analysis of each school district's daily bus miles per | 29417 |
| student, transported student percentage, and transportation cost | 29418 |
| per student data. The department shall conduct the annual update | 29419 |
| using data, including daily bus miles per student, transported | 29420 |
| student percentage, and transportation cost per student data, from | 29421 |
| the prior fiscal year. The department shall notify the office of | 29422 |
| budget and management of such update by the fifteenth day of | 29423 |
| February of each year. | 29424 |
| (3) In addition to funds paid under divisions (A), (C), and | 29425 |
| (E) of this section, each district with a transported student | 29426 |
| percentage greater than zero shall receive a payment equal to a | 29427 |
| percentage of the product of the district's transportation base | 29428 |
| from the prior fiscal year times the annually updated average | 29429 |
| efficient transportation use cost per student, times an inflation | 29430 |
| factor of two and eight tenths per cent to account for the | 29431 |
| one-year difference between the data used in updating the formula | 29432 |
| and calculating the payment and the year in which the payment is | 29433 |
| made. The percentage shall be the following percentage of that | 29434 |
| product specified for the corresponding fiscal year: | 29435 |
| FISCAL YEAR | PERCENTAGE | 29436 | |||
| 2000 | 52.5% | 29437 | |||
| 2001 | 55% | 29438 | |||
| 2002 | 57.5% | 29439 | |||
| 2003 and thereafter | The greater of 60% or the district's state share percentage | 29440 |
| The payments made under division (D)(3) of this section each | 29441 |
| year shall be calculated based on all of the same prior year's | 29442 |
| data used to update the formula. | 29443 |
| (4) In addition to funds paid under divisions (D)(2) and (3) | 29444 |
| of this section, a school district shall receive a rough road | 29445 |
| subsidy if both of the following apply: | 29446 |
| (a) Its county rough road percentage is higher than the | 29447 |
| statewide rough road percentage, as those terms are defined in | 29448 |
| division (D)(5) of this section; | 29449 |
| (b) Its district student density is lower than the statewide | 29450 |
| student density, as those terms are defined in that division. | 29451 |
| (5) The rough road subsidy paid to each district meeting the | 29452 |
| qualifications of division (D)(4) of this section shall be | 29453 |
| calculated in accordance with the following formula: | 29454 |
| 29455 |
| 29456 |
| where: | 29457 |
| (a) "Per rough mile subsidy" equals the amount calculated in | 29458 |
| accordance with the following formula: | 29459 |
| 29460 |
| 29461 |
| 29462 |
| (i) "Maximum rough road percentage" means the highest county | 29463 |
| rough road percentage in the state. | 29464 |
| (ii) "County rough road percentage" equals the percentage of | 29465 |
| the mileage of state, municipal, county, and township roads that | 29466 |
| is rated by the department of transportation as type A, B, C, E2, | 29467 |
| or F in the county in which the school district is located or, if | 29468 |
| the district is located in more than one county, the county to | 29469 |
| which it is assigned for purposes of determining its | 29470 |
| cost-of-doing-business factor. | 29471 |
| (iii) "Statewide rough road percentage" means the percentage | 29472 |
| of the statewide total mileage of state, municipal, county, and | 29473 |
| township roads that is rated as type A, B, C, E2, or F by the | 29474 |
| department of transportation. | 29475 |
| (b) "Total rough road miles" means a school district's total | 29476 |
| bus miles traveled in one year times its county rough road | 29477 |
| percentage. | 29478 |
| (c) "Density multiplier" means a figure calculated in | 29479 |
| accordance with the following formula: | 29480 |
| 29481 |
| 29482 |
| 29483 |
| (i) "Minimum student density" means the lowest district | 29484 |
| student density in the state. | 29485 |
| (ii) "District student density" means a school district's | 29486 |
| transportation base divided by the number of square miles in the | 29487 |
| district. | 29488 |
| (iii) "Statewide student density" means the sum of the | 29489 |
| transportation bases for all school districts divided by the sum | 29490 |
| of the square miles in all school districts. | 29491 |
| (6) In addition to funds paid under divisions (D)(2) to (5) | 29492 |
| of this section, each district shall receive in accordance with | 29493 |
| rules adopted by the state board of education a payment for | 29494 |
| students transported by means other than board-owned or | 29495 |
| contractor-operated buses and whose transportation is not funded | 29496 |
| under division (J) of section 3317.024 of the Revised Code. The | 29497 |
| rules shall include provisions for school district reporting of | 29498 |
| such students. | 29499 |
| (E)(1) The department shall compute and distribute state | 29500 |
| vocational education additional weighted costs funds to each | 29501 |
| school district in accordance with the following formula: | 29502 |
| 29503 |
| 29504 |
| 29505 |
| In any fiscal year, a school district receiving funds under | 29506 |
| division (E)(1) of this section shall spend those funds only for | 29507 |
| the purposes that the department designates as approved for | 29508 |
| vocational education expenses. Vocational educational expenses | 29509 |
| approved by the department shall include only expenses connected | 29510 |
| to the delivery of career-technical programming to | 29511 |
| career-technical students. The department shall require the school | 29512 |
| district to report data annually so that the department may | 29513 |
| monitor the district's compliance with the requirements regarding | 29514 |
| the manner in which funding received under division (E)(1) of this | 29515 |
| section may be spent. | 29516 |
| (2) The department shall compute for each school district | 29517 |
| state funds for vocational education associated services in | 29518 |
| accordance with the following formula: | 29519 |
| 29520 |
| 29521 |
| 29522 |
| In any fiscal year, a school district receiving funds under | 29523 |
| division (E)(2) of this section, or through a transfer of funds | 29524 |
| pursuant to division (L) of section 3317.023 of the Revised Code, | 29525 |
| shall spend those funds only for the purposes that the department | 29526 |
| designates as approved for vocational education associated | 29527 |
| services expenses, which may include such purposes as | 29528 |
| apprenticeship coordinators, coordinators for other vocational | 29529 |
| education services, vocational evaluation, and other purposes | 29530 |
| designated by the department. The department may deny payment | 29531 |
| under division (E)(2) of this section to any district that the | 29532 |
| department determines is not operating those services or is using | 29533 |
| funds paid under division (E)(2) of this section, or through a | 29534 |
| transfer of funds pursuant to division (L) of section 3317.023 of | 29535 |
| the Revised Code, for other purposes. | 29536 |
| (F) The actual local share in any fiscal year for the | 29537 |
| combination of special education and related services additional | 29538 |
| weighted costs funding calculated under division (C)(1) of this | 29539 |
| section, transportation funding calculated under divisions (D)(2) | 29540 |
| and (3) of this section, and vocational education and associated | 29541 |
| services additional weighted costs funding calculated under | 29542 |
| divisions (E)(1) and (2) of this section shall not exceed for any | 29543 |
| school district the product of three and three-tenths mills times | 29544 |
| the district's recognized valuation. The department annually shall | 29545 |
| pay each school district as an excess cost supplement any amount | 29546 |
| by which the sum of the district's attributed local shares for | 29547 |
| that funding exceeds that product. For purposes of calculating the | 29548 |
| excess cost supplement: | 29549 |
| (1) The attributed local share for special education and | 29550 |
| related services additional weighted costs funding is the amount | 29551 |
| specified in division (C)(2) of this section. | 29552 |
| (2) The attributed local share of transportation funding | 29553 |
| equals the difference of the total amount calculated for the | 29554 |
| district using the formula developed under division (D)(2) of this | 29555 |
| section minus the actual amount paid to the district after | 29556 |
| applying the percentage specified in division (D)(3) of this | 29557 |
| section. | 29558 |
| (3) The attributed local share of vocational education and | 29559 |
| associated services additional weighted costs funding is the | 29560 |
| amount determined as follows: | 29561 |
| 29562 |
| 29563 |
| 29564 |
| Sec. 3317.023. (A) Notwithstanding section 3317.022 of the | 29565 |
| Revised Code, the amounts required to be paid to a district under | 29566 |
| this chapter shall be adjusted by the amount of the computations | 29567 |
|
made under divisions (B) to
| 29568 |
| As used in this section: | 29569 |
| (1) "Classroom teacher" means a licensed employee who | 29570 |
| provides direct instruction to pupils, excluding teachers funded | 29571 |
| from money paid to the district from federal sources; educational | 29572 |
| service personnel; and vocational and special education teachers. | 29573 |
| (2) "Educational service personnel" shall not include such | 29574 |
| specialists funded from money paid to the district from federal | 29575 |
| sources or assigned full-time to vocational or special education | 29576 |
| students and classes and may only include those persons employed | 29577 |
| in the eight specialist areas in a pattern approved by the | 29578 |
| department of education under guidelines established by the state | 29579 |
| board of education. | 29580 |
| (3) "Annual salary" means the annual base salary stated in | 29581 |
| the state minimum salary schedule for the performance of the | 29582 |
| teacher's regular teaching duties that the teacher earns for | 29583 |
| services rendered for the first full week of October of the fiscal | 29584 |
| year for which the adjustment is made under division (C) of this | 29585 |
| section. It shall not include any salary payments for supplemental | 29586 |
| teachers contracts. | 29587 |
| (4) "Regular student population" means the formula ADM plus | 29588 |
| the number of students reported as enrolled in the district | 29589 |
| pursuant to division (A)(1) of section 3313.981 of the Revised | 29590 |
| Code; minus the number of students reported under division (A)(2) | 29591 |
| of section 3317.03 of the Revised Code; minus the FTE of students | 29592 |
| reported under division (B)(6), (7), (8), (9), (10), (11), or (12) | 29593 |
| of that section who are enrolled in a vocational education class | 29594 |
| or receiving special education; and minus twenty per cent of the | 29595 |
| students enrolled concurrently in a joint vocational school | 29596 |
| district. | 29597 |
| (5) "State share percentage" has the same meaning as in | 29598 |
| section 3317.022 of the Revised Code. | 29599 |
| (6) "VEPD" means a school district or group of school | 29600 |
| districts designated by the department of education as being | 29601 |
| responsible for the planning for and provision of vocational | 29602 |
| education services to students within the district or group. | 29603 |
| (7) "Lead district" means a school district, including a | 29604 |
| joint vocational school district, designated by the department as | 29605 |
| a VEPD, or designated to provide primary vocational education | 29606 |
| leadership within a VEPD composed of a group of districts. | 29607 |
| (B) If the district employs less than one full-time | 29608 |
| equivalent classroom teacher for each twenty-five pupils in the | 29609 |
| regular student population in any school district, deduct the sum | 29610 |
| of the amounts obtained from the following computations: | 29611 |
| (1) Divide the number of the district's full-time equivalent | 29612 |
| classroom teachers employed by one twenty-fifth; | 29613 |
| (2) Subtract the quotient in (1) from the district's regular | 29614 |
| student population; | 29615 |
| (3) Multiply the difference in (2) by seven hundred fifty-two | 29616 |
| dollars. | 29617 |
| (C) If a positive amount, add one-half of the amount obtained | 29618 |
| by multiplying the number of full-time equivalent classroom | 29619 |
| teachers by: | 29620 |
| (1) The mean annual salary of all full-time equivalent | 29621 |
| classroom teachers employed by the district at their respective | 29622 |
| training and experience levels minus; | 29623 |
| (2) The mean annual salary of all such teachers at their | 29624 |
| respective levels in all school districts receiving payments under | 29625 |
| this section. | 29626 |
| The number of full-time equivalent classroom teachers used in | 29627 |
| this computation shall not exceed one twenty-fifth of the | 29628 |
| district's regular student population. In calculating the | 29629 |
| district's mean salary under this division, those full-time | 29630 |
| equivalent classroom teachers with the highest training level | 29631 |
| shall be counted first, those with the next highest training level | 29632 |
| second, and so on, in descending order. Within the respective | 29633 |
| training levels, teachers with the highest years of service shall | 29634 |
| be counted first, the next highest years of service second, and so | 29635 |
| on, in descending order. | 29636 |
| (D) This division does not apply to a school district that | 29637 |
| has entered into an agreement under division (A) of section | 29638 |
| 3313.42 of the Revised Code. Deduct the amount obtained from the | 29639 |
| following computations if the district employs fewer than five | 29640 |
| full-time equivalent educational service personnel, including | 29641 |
| elementary school art, music, and physical education teachers, | 29642 |
| counselors, librarians, visiting teachers, school social workers, | 29643 |
| and school nurses for each one thousand pupils in the regular | 29644 |
| student population: | 29645 |
| (1) Divide the number of full-time equivalent educational | 29646 |
| service personnel employed by the district by five | 29647 |
| one-thousandths; | 29648 |
| (2) Subtract the quotient in (1) from the district's regular | 29649 |
| student population; | 29650 |
| (3) Multiply the difference in (2) by ninety-four dollars. | 29651 |
| (E) If a local school district, or a city or exempted village | 29652 |
| school district to which a governing board of an educational | 29653 |
| service center provides services pursuant to section 3313.843 of | 29654 |
| the Revised Code, deduct the amount of the payment required for | 29655 |
| the reimbursement of the governing board under section 3317.11 of | 29656 |
| the Revised Code. | 29657 |
| (F)(1) If the district is required to pay to or entitled to | 29658 |
| receive tuition from another school district under division (C)(2) | 29659 |
| or (3) of section 3313.64 or section 3313.65 of the Revised Code, | 29660 |
| or if the superintendent of public instruction is required to | 29661 |
| determine the correct amount of tuition and make a deduction or | 29662 |
| credit under section 3317.08 of the Revised Code, deduct and | 29663 |
| credit such amounts as provided in division (J) of section 3313.64 | 29664 |
| or section 3317.08 of the Revised Code. | 29665 |
| (2) For each child for whom the district is responsible for | 29666 |
| tuition or payment under division (A)(1) of section 3317.082 or | 29667 |
| section 3323.091 of the Revised Code, deduct the amount of tuition | 29668 |
| or payment for which the district is responsible. | 29669 |
| (G) If the district has been certified by the superintendent | 29670 |
| of public instruction under section 3313.90 of the Revised Code as | 29671 |
| not in compliance with the requirements of that section, deduct an | 29672 |
| amount equal to ten per cent of the amount computed for the | 29673 |
| district under section 3317.022 of the Revised Code. | 29674 |
| (H) If the district has received a loan from a commercial | 29675 |
| lending institution for which payments are made by the | 29676 |
| superintendent of public instruction pursuant to division (E)(3) | 29677 |
| of section 3313.483 of the Revised Code, deduct an amount equal to | 29678 |
| such payments. | 29679 |
| (I)(1) If the district is a party to an agreement entered | 29680 |
| into under division (D), (E), or (F) of section 3311.06 or | 29681 |
| division (B) of section 3311.24 of the Revised Code and is | 29682 |
| obligated to make payments to another district under such an | 29683 |
| agreement, deduct an amount equal to such payments if the district | 29684 |
| school board notifies the department in writing that it wishes to | 29685 |
| have such payments deducted. | 29686 |
| (2) If the district is entitled to receive payments from | 29687 |
| another district that has notified the department to deduct such | 29688 |
| payments under division (I)(1) of this section, add the amount of | 29689 |
| such payments. | 29690 |
| (J) If the district is required to pay an amount of funds to | 29691 |
| a cooperative education district pursuant to a provision described | 29692 |
| by division (B)(4) of section 3311.52 or division (B)(8) of | 29693 |
| section 3311.521 of the Revised Code, deduct such amounts as | 29694 |
| provided under that provision and credit those amounts to the | 29695 |
| cooperative education district for payment to the district under | 29696 |
| division (B)(1) of section 3317.19 of the Revised Code. | 29697 |
| (K)(1) If a district is educating a student entitled to | 29698 |
| attend school in another district pursuant to a shared education | 29699 |
| contract, compact, or cooperative education agreement other than | 29700 |
| an agreement entered into pursuant to section 3313.842 of the | 29701 |
| Revised Code, credit to that educating district on an FTE basis | 29702 |
| both of the following: | 29703 |
| (a) An amount equal to the greater of the following: | 29704 |
| (i) The fiscal year 2005 formula amount times the fiscal year | 29705 |
| 2005 cost of doing business factor of the school district where | 29706 |
| the student is entitled to attend school pursuant to section | 29707 |
| 3313.64 or 3313.65 of the Revised Code; | 29708 |
| (ii) The sum of (the current formula amount times the current | 29709 |
| cost-of-doing-business factor of the school district when the | 29710 |
| student is entitled to attend school pursuant to section 3313.64 | 29711 |
| or 3313.65 of the Revised Code) plus the per pupil amount of the | 29712 |
| base funding supplements specified in divisions (C)(1) to (4) of | 29713 |
| section 3317.012 of the Revised Code. | 29714 |
| (b) An amount equal to the current formula amount times the | 29715 |
| state share percentage times any multiple applicable to the | 29716 |
| student pursuant to section 3317.013 or 3317.014 of the Revised | 29717 |
| Code. | 29718 |
| (2) Deduct any amount credited pursuant to division (K)(1) of | 29719 |
| this section from amounts paid to the school district in which the | 29720 |
| student is entitled to attend school pursuant to section 3313.64 | 29721 |
| or 3313.65 of the Revised Code. | 29722 |
| (3) If the district is required by a shared education | 29723 |
| contract, compact, or cooperative education agreement to make | 29724 |
| payments to an educational service center, deduct the amounts from | 29725 |
| payments to the district and add them to the amounts paid to the | 29726 |
| service center pursuant to section 3317.11 of the Revised Code. | 29727 |
| (L)(1) If a district, including a joint vocational school | 29728 |
| district, is a lead district of a VEPD, credit to that district | 29729 |
| the amounts calculated for all the school districts within that | 29730 |
| VEPD pursuant to division (E)(2) of section 3317.022 of the | 29731 |
| Revised Code. | 29732 |
| (2) Deduct from each appropriate district that is not a lead | 29733 |
| district, the amount attributable to that district that is | 29734 |
| credited to a lead district under division (L)(1) of this section. | 29735 |
| (M) If the department pays a joint vocational school district | 29736 |
| under division (G)(4) of section 3317.16 of the Revised Code for | 29737 |
| excess costs of providing special education and related services | 29738 |
| to a handicapped student, as calculated under division (G)(2) of | 29739 |
| that section, the department shall deduct the amount of that | 29740 |
| payment from the city, local, or exempted village school district | 29741 |
| that is responsible as specified in that section for the excess | 29742 |
| costs. | 29743 |
| (N)(1) If the district reports an amount of excess cost for | 29744 |
| special education services for a child under division (C) of | 29745 |
| section 3323.14 of the Revised Code, the department shall pay that | 29746 |
| amount to the district. | 29747 |
| (2) If the district reports an amount of excess cost for | 29748 |
| special education services for a child under division (C) of | 29749 |
| section 3323.14 of the Revised Code, the department shall deduct | 29750 |
| that amount from the district of residence of that child. | 29751 |
| (O) If the department of job and family services presents to | 29752 |
| the department of education a payment request through an | 29753 |
| intrastate transfer voucher for the nonfederal share of | 29754 |
| reimbursements made to a school district for medicaid services | 29755 |
| provided by the district, the department of education shall pay | 29756 |
| the amount of that request to the department of job and family | 29757 |
| services and shall deduct the amount of that payment from the | 29758 |
| district. | 29759 |
| Sec. 3317.024. In addition to the moneys paid to eligible | 29760 |
| school districts pursuant to section 3317.022 of the Revised Code, | 29761 |
| moneys appropriated for the education programs in divisions (A) to | 29762 |
| (H), (J) to (L), (O), (P), and (R) of this section shall be | 29763 |
| distributed to school districts meeting the requirements of | 29764 |
| section 3317.01 of the Revised Code; in the case of divisions (J) | 29765 |
| and (P) of this section, to educational service centers as | 29766 |
| provided in section 3317.11 of the Revised Code; in the case of | 29767 |
| divisions (E), (M), and (N) of this section, to county MR/DD | 29768 |
| boards; in the case of division (R) of this section, to joint | 29769 |
| vocational school districts; in the case of division (K) of this | 29770 |
| section, to cooperative education school districts; and in the | 29771 |
| case of division (Q) of this section, to the institutions defined | 29772 |
| under section 3317.082 of the Revised Code providing elementary or | 29773 |
| secondary education programs to children other than children | 29774 |
| receiving special education under section 3323.091 of the Revised | 29775 |
| Code. The following shall be distributed monthly, quarterly, or | 29776 |
| annually as may be determined by the state board of education: | 29777 |
| (A) A per pupil amount to each school district that | 29778 |
| establishes a summer school remediation program that complies with | 29779 |
| rules of the state board of education. | 29780 |
| (B) An amount for each island school district and each joint | 29781 |
| state school district for the operation of each high school and | 29782 |
| each elementary school maintained within such district and for | 29783 |
| capital improvements for such schools. Such amounts shall be | 29784 |
| determined on the basis of standards adopted by the state board of | 29785 |
| education. | 29786 |
| (C) An amount for each school district operating classes for | 29787 |
| children of migrant workers who are unable to be in attendance in | 29788 |
| an Ohio school during the entire regular school year. The amounts | 29789 |
| shall be determined on the basis of standards adopted by the state | 29790 |
| board of education, except that payment shall be made only for | 29791 |
| subjects regularly offered by the school district providing the | 29792 |
| classes. | 29793 |
| (D) An amount for each school district with guidance, | 29794 |
| testing, and counseling programs approved by the state board of | 29795 |
| education. The amount shall be determined on the basis of | 29796 |
| standards adopted by the state board of education. | 29797 |
| (E) An amount for the emergency purchase of school buses as | 29798 |
| provided for in section 3317.07 of the Revised Code; | 29799 |
| (F) An amount for each school district required to pay | 29800 |
| tuition for a child in an institution maintained by the department | 29801 |
| of youth services pursuant to section 3317.082 of the Revised | 29802 |
| Code, provided the child was not included in the calculation of | 29803 |
| the district's average daily membership for the preceding school | 29804 |
| year. | 29805 |
| (G) In fiscal year 2000 only, an amount to each school | 29806 |
| district for supplemental salary allowances for each licensed | 29807 |
| employee except those licensees serving as superintendents, | 29808 |
| assistant superintendents, principals, or assistant principals, | 29809 |
| whose term of service in any year is extended beyond the term of | 29810 |
| service of regular classroom teachers, as described in section | 29811 |
| 3301.0725 of the Revised Code; | 29812 |
| (H) An amount for adult basic literacy education for each | 29813 |
| district participating in programs approved by the state board of | 29814 |
| education. The amount shall be determined on the basis of | 29815 |
| standards adopted by the state board of education. | 29816 |
| (I) Notwithstanding section 3317.01 of the Revised Code, but | 29817 |
| only until June 30, 1999, to each city, local, and exempted | 29818 |
| village school district, an amount for conducting driver education | 29819 |
| courses at high schools for which the state board of education | 29820 |
| prescribes minimum standards and to joint vocational and | 29821 |
| cooperative education school districts and educational service | 29822 |
| centers, an amount for conducting driver education courses to | 29823 |
| pupils enrolled in a high school for which the state board | 29824 |
| prescribes minimum standards. No payments shall be made under this | 29825 |
| division after June 30, 1999. | 29826 |
| (J) An amount for the approved cost of transporting | 29827 |
| 29828 | |
| attending a special education program approved by the department | 29829 |
| of education whom it is impossible or impractical to transport by | 29830 |
| regular school bus in the course of regular route transportation | 29831 |
| provided by the district or service center. No district or service | 29832 |
| center is eligible to receive a payment under this division for | 29833 |
| the cost of transporting any pupil whom it transports by regular | 29834 |
| school bus and who is included in the district's transportation | 29835 |
| ADM. The state board of education shall establish standards and | 29836 |
| guidelines for use by the department of education in determining | 29837 |
| the approved cost of such transportation for each district or | 29838 |
| service center. | 29839 |
| (K) An amount to each school district, including each | 29840 |
| cooperative education school district, pursuant to section 3313.81 | 29841 |
| of the Revised Code to assist in providing free lunches to needy | 29842 |
| children and an amount to assist needy school districts in | 29843 |
| purchasing necessary equipment for food preparation. The amounts | 29844 |
| shall be determined on the basis of rules adopted by the state | 29845 |
| board of education. | 29846 |
| (L) An amount to each school district, for each pupil | 29847 |
| attending a chartered nonpublic elementary or high school within | 29848 |
| the district. The amount shall equal the amount appropriated for | 29849 |
| the implementation of section 3317.06 of the Revised Code divided | 29850 |
| by the average daily membership in grades kindergarten through | 29851 |
| twelve in nonpublic elementary and high schools within the state | 29852 |
| as determined during the first full week in October of each school | 29853 |
| year. | 29854 |
| (M) An amount for each county MR/DD board, distributed on the | 29855 |
| basis of standards adopted by the state board of education, for | 29856 |
| the approved cost of transportation required for children | 29857 |
| attending special education programs operated by the county MR/DD | 29858 |
| board under section 3323.09 of the Revised Code; | 29859 |
| (N) An amount for each county MR/DD board, distributed on the | 29860 |
| basis of standards adopted by the state board of education, for | 29861 |
| supportive home services for preschool children; | 29862 |
| (O) An amount for each school district that establishes a | 29863 |
| mentor teacher program that complies with rules of the state board | 29864 |
| of education. No school district shall be required to establish or | 29865 |
| maintain such a program in any year unless sufficient funds are | 29866 |
| appropriated to cover the district's total costs for the program. | 29867 |
| (P) An amount to each school district or educational service | 29868 |
| center for the total number of gifted units approved pursuant to | 29869 |
| section 3317.05 of the Revised Code. The amount for each such unit | 29870 |
| shall be the sum of the minimum salary for the teacher of the | 29871 |
| unit, calculated on the basis of the teacher's training level and | 29872 |
| years of experience pursuant to the salary schedule prescribed in | 29873 |
| the version of section 3317.13 of the Revised Code in effect prior | 29874 |
| to July 1, 2001, plus fifteen per cent of that minimum salary | 29875 |
| amount, plus two thousand six hundred seventy-eight dollars. | 29876 |
| (Q) An amount to each institution defined under section | 29877 |
| 3317.082 of the Revised Code providing elementary or secondary | 29878 |
| education to children other than children receiving special | 29879 |
| education under section 3323.091 of the Revised Code. This amount | 29880 |
| for any institution in any fiscal year shall equal the total of | 29881 |
| all tuition amounts required to be paid to the institution under | 29882 |
| division (A)(1) of section 3317.082 of the Revised Code. | 29883 |
| (R) A grant to each school district and joint vocational | 29884 |
| school district that operates a "graduation, reality, and | 29885 |
| dual-role skills" (GRADS) program for pregnant and parenting | 29886 |
| students that is approved by the department. The amount of the | 29887 |
| payment shall be the district's state share percentage, as defined | 29888 |
| in section 3317.022 or 3317.16 of the Revised Code, times the | 29889 |
| GRADS personnel allowance times the full-time-equivalent number of | 29890 |
| GRADS teachers approved by the department. The GRADS personnel | 29891 |
|
allowance is
$47,555 in fiscal
years 2004 | 29892 |
| 2007. | 29893 |
| The state board of education or any other board of education | 29894 |
| or governing board may provide for any resident of a district or | 29895 |
| educational service center territory any educational service for | 29896 |
| which funds are made available to the board by the United States | 29897 |
| under the authority of public law, whether such funds come | 29898 |
| directly or indirectly from the United States or any agency or | 29899 |
| department thereof or through the state or any agency, department, | 29900 |
| or political subdivision thereof. | 29901 |
| Sec. 3317.026. (A) As used in this section, "refunded taxes" | 29902 |
| means taxes charged and payable from real and tangible personal | 29903 |
| property, including public utility property, that have been found | 29904 |
| to have been overpaid as the result of reductions in the taxable | 29905 |
| value of such property and that have been refunded, including any | 29906 |
| interest or penalty refunded with those taxes. If taxes are | 29907 |
| refunded over a period of time pursuant to division (B)(2), (3), | 29908 |
| or (4) of section 319.36 or division (C) of section 5727.471 of | 29909 |
| the Revised Code, the total amount of taxes required to be | 29910 |
| refunded, excluding any interest accruing after the day the | 29911 |
| undertaking is entered into, shall be considered to have been | 29912 |
| refunded on the day the first portion of the overpayment is paid | 29913 |
| or credited. | 29914 |
| (B) Not later than the last day of February each year, each | 29915 |
| county auditor shall certify to the tax commissioner, for each | 29916 |
| school district in the county, the amount of refunded taxes | 29917 |
| refunded in the preceding calendar year and the reductions in | 29918 |
| taxable value that resulted in those refunds, except for | 29919 |
| reductions in taxable value that previously have been reported to | 29920 |
| the tax commissioner on an abstract. If the tax commissioner | 29921 |
| determines that the amount of refunded taxes certified for a | 29922 |
| school district exceeds three per cent of the total taxes charged | 29923 |
| and payable for current expenses of the school district for the | 29924 |
| calendar year in which those taxes were refunded, the tax | 29925 |
| commissioner shall certify the reductions in taxable value that | 29926 |
| resulted in those refunds on or before the first day of June to | 29927 |
| the department of education. Upon receiving the certification by | 29928 |
| the tax commissioner, the department of education shall reduce the | 29929 |
| total taxable value of the school district, as defined in section | 29930 |
| 3317.02 of the Revised Code, by the total amount of the reductions | 29931 |
| in taxable value that resulted in those refunds for the purpose of | 29932 |
|
computing the | 29933 |
| the current
fiscal year | 29934 |
| 29935 | |
| adjustment required by this section shall be paid to the school | 29936 |
| district on
or before
the | 29937 |
| of
the | 29938 |
| If an adjustment is made under this division in the amount of | 29939 |
| state aid paid to a school district, the tax value reductions from | 29940 |
| which that adjustment results shall not be used in recomputing aid | 29941 |
| to a school district under section 3317.027 of the Revised Code. | 29942 |
| | 29943 |
| catastrophic expenditures account pursuant to division (C) of | 29944 |
| section 3316.20 of the Revised Code on the basis of the same | 29945 |
| circumstances for which an adjustment is made under this section, | 29946 |
| the amount of the adjustment shall be reduced and transferred in | 29947 |
| accordance with division (C) of section 3316.20 of the Revised | 29948 |
| Code. | 29949 |
| (D) Not later than the first day of June each year, the tax | 29950 |
| commissioner shall certify to the department of education for each | 29951 |
| school district the total of the increases in taxable value above | 29952 |
| the amount of taxable value on which tax was paid, as provided in | 29953 |
| division (B)(1) or (2) of section 5727.47 of the Revised Code, as | 29954 |
| determined by the commissioner, and for which a notification was | 29955 |
| sent pursuant to section 5727.471 of the Revised Code, in the | 29956 |
| preceding calendar year. Upon receiving the certification, the | 29957 |
| department shall increase the total taxable value, as defined in | 29958 |
| section 3317.02 of the Revised Code, of the school district by the | 29959 |
| total amount of the increase in taxable value certified by the | 29960 |
| commissioner for the school district for the purpose of computing | 29961 |
|
the school
district's
| 29962 |
| fiscal year
| 29963 |
| 29964 |
| Sec. 3317.027. On or before the fifteenth day of May of each | 29965 |
| year, the tax commissioner shall certify to the department of | 29966 |
| education: | 29967 |
| (A) The amount by which applications filed under section | 29968 |
| 5713.38 of the Revised Code or complaints filed under section | 29969 |
| 5715.19 of the Revised Code resulted in a reduction in the second | 29970 |
| preceding year's taxable value in each school district in which | 29971 |
| such a reduction occurred, and the amount by which such reduction | 29972 |
| reduced the district's taxes charged and payable for such year; | 29973 |
| and | 29974 |
| (B) The taxes charged and payable for the second preceding | 29975 |
| tax year that were remitted under section 5713.081 of the Revised | 29976 |
| Code and the taxable value against which such taxes were imposed. | 29977 |
| Upon receipt of such certifications, the department shall | 29978 |
|
recompute the | 29979 |
| 29980 | |
| 29981 | |
| value not been used in the computation made under division (A)(1) | 29982 |
| of section 3317.021 of the Revised Code and had the taxes charged | 29983 |
| and payable not been included in the certification made under | 29984 |
| division (A)(3) of such section. The
department shall | 29985 |
| calculate the amount that the remainder of the fiscal year's | 29986 |
|
payments | 29987 |
| fiscal year
| 29988 |
| payment as recomputed. The increase or decrease in the amount of | 29989 |
| aid resulting from the adjustment required under this section | 29990 |
| shall be paid to the school district on or before the thirty-first | 29991 |
| day of July of the following fiscal year. | 29992 |
| If a school district received a grant from the catastrophic | 29993 |
| expenditures account pursuant to division (C) of section 3316.20 | 29994 |
| of the Revised Code on the basis of the same circumstances for | 29995 |
| which a recomputation is made under this section, the amount of | 29996 |
| the recomputation shall be reduced and transferred in accordance | 29997 |
| with division (C) of section 3316.20 of the Revised Code. | 29998 |
| Sec. 3317.028. (A) On or before the fifteenth day of May in | 29999 |
| each calendar year prior to calendar year 2007, the tax | 30000 |
| commissioner shall determine for each school district whether the | 30001 |
| taxable value of all tangible personal property, including utility | 30002 |
| tangible personal property, subject to taxation by the district in | 30003 |
| the preceding tax year was less or greater than the taxable value | 30004 |
| of such property during the second preceding tax year. If any such | 30005 |
| decrease exceeds five per cent of the district's tangible personal | 30006 |
| property taxable value included in the total taxable value used in | 30007 |
| computing the district's
| 30008 |
| the fiscal year that ends in the current calendar year, or if any | 30009 |
| such increase exceeds five per cent of the district's total | 30010 |
| taxable value used in computing the district's
| 30011 |
| 30012 | |
| current calendar year, the tax commissioner shall certify both of | 30013 |
| the following to the department of education: | 30014 |
| (1) The taxable value of the tangible personal property | 30015 |
| increase or decrease, including utility tangible personal property | 30016 |
| increase or decrease, which shall be considered a change in | 30017 |
| valuation; | 30018 |
| (2) The decrease or increase in taxes charged and payable on | 30019 |
| such change in taxable value calculated in the same manner as in | 30020 |
| division (A)(3) of section 3317.021 of the Revised Code. | 30021 |
| (B) | 30022 |
| 30023 | |
| 30024 | |
| 30025 | |
| 30026 | |
| 30027 | |
| 30028 | |
| 30029 | |
| the fifteenth day of May in each calendar year thereafter, the tax | 30030 |
| commissioner shall determine for each school district whether the | 30031 |
| taxable value of all utility tangible personal property subject to | 30032 |
| taxation by the district in the preceding tax year was less or | 30033 |
| greater than the taxable value of such property during the second | 30034 |
| preceding tax year. If any decrease exceeds five per cent of the | 30035 |
| district's tangible personal property taxable value included in | 30036 |
| the total taxable value used in the district's state aid | 30037 |
| computation for the fiscal year that ends in the current calendar | 30038 |
| year, or if any increase exceeds five per cent of the district's | 30039 |
| total taxable value used in the district's state aid computation | 30040 |
| for the fiscal year that ends in the current calendar year, the | 30041 |
| tax commissioner shall certify both of the following to the | 30042 |
| department of education: | 30043 |
| (1) The taxable value of the utility tangible personal | 30044 |
| property increase or decrease, which shall be considered a change | 30045 |
| in valuation; | 30046 |
| (2) The decrease or increase in taxes charged and payable on | 30047 |
| such change in taxable value calculated in the same manner as in | 30048 |
| division (A)(3) of section 3317.021 of the Revised Code. | 30049 |
| (C) Upon receipt of | 30050 |
| section, the department of education shall reduce or increase by | 30051 |
| the respective amounts
certified | 30052 |
| taxes charged and payable that were used in computing the | 30053 |
| district's | 30054 |
| 30055 | |
| current calendar year and shall recompute
the | 30056 |
| payment for
such fiscal year. | 30057 |
| 30058 | |
| to one-half of the recomputed payments in lieu of the payments | 30059 |
| otherwise required
under | 30060 |
| the thirty-first day of July of the following fiscal year. | 30061 |
| (D) If a school district received a grant from the | 30062 |
| catastrophic expenditures account pursuant to division (C) of | 30063 |
| section 3316.20 of the Revised Code on the basis of the same | 30064 |
| circumstances for which a recomputation is made under this | 30065 |
| section, the amount of the recomputation shall be reduced and | 30066 |
| transferred in accordance with division (C) of section 3316.20 of | 30067 |
| the Revised Code. | 30068 |
| Sec. 3317.029. (A) As used in this section: | 30069 |
| (1)
" | 30070 |
| | 30071 |
| obtained by dividing the five-year average number of children ages | 30072 |
| five to seventeen residing in the school district and living in a | 30073 |
| family receiving assistance under the Ohio works first program or | 30074 |
| an antecedent program known as TANF or ADC, as certified or | 30075 |
| adjusted under section 3317.10 of the Revised Code, by the | 30076 |
| district's three-year average formula ADM. | 30077 |
| | 30078 |
| 30079 | |
| 30080 | |
| 30081 | |
| 30082 | |
| 30083 |
| (2)
| 30084 |
| 30085 |
| | 30086 |
| | 30087 |
| | 30088 |
| 30089 | |
| 30090 |
| | 30091 |
| 30092 | |
| 30093 | |
| 30094 |
| | 30095 |
| 30096 |
| | 30097 |
| 30098 |
| | 30099 |
| | 30100 |
| average of the total number of children ages five to seventeen | 30101 |
| years residing in the state and receiving assistance under the | 30102 |
| Ohio works first program or an antecedent program known as TANF or | 30103 |
| ADC, divided by the sum of the three-year average formula ADMs for | 30104 |
| all school districts in the state. | 30105 |
| | 30106 |
| 30107 | |
| 30108 | |
| 30109 | |
| 30110 | |
| 30111 |
| | 30112 |
| dividing the
school district's | 30113 |
| statewide | 30114 |
| | 30115 |
| 30116 |
| | 30117 |
| | 30118 |
| average number of children ages five to seventeen residing in the | 30119 |
| school district and living in a family receiving assistance under | 30120 |
| the Ohio works first program or an antecedent program known as | 30121 |
| TANF or ADC, as certified under section 3317.10 of the Revised | 30122 |
| Code; | 30123 |
| | 30124 |
| 30125 | |
| 30126 | |
| 30127 | |
| 30128 |
| | 30129 |
| reported under section 3317.03 of the Revised Code as enrolled in | 30130 |
| kindergarten, excluding any kindergarten students reported under | 30131 |
| division (B)(3)(e) or (f) of section 3317.03 of the Revised Code. | 30132 |
| | 30133 |
| amount calculated as follows: | 30134 |
| (a) Multiply the kindergarten ADM by the sum of one plus the | 30135 |
| all-day kindergarten percentage; | 30136 |
| (b) Add the number of students in grades one through three; | 30137 |
| (c) Subtract from the sum calculated under division (A)(6)(b) | 30138 |
| of this section the number of special education students in grades | 30139 |
| kindergarten through three. | 30140 |
| | 30141 |
| 30142 | |
| 30143 | |
| 30144 | |
| 30145 |
| | 30146 |
| any students reported under division (B)(3)(e) or (f) of section | 30147 |
| 3317.03 of the Revised Code. | 30148 |
| (7) "All-day kindergarten" means a kindergarten class that is | 30149 |
| in session five days per week for not less than the same number of | 30150 |
| clock hours each day as for pupils in grades one through six. | 30151 |
| | 30152 |
| percentage of a district's actual total number of students | 30153 |
| enrolled in kindergarten who are enrolled in all-day kindergarten. | 30154 |
| | 30155 |
|
means | 30156 |
| | 30157 |
| buildings in a district with percentages of students in grades | 30158 |
| kindergarten through three receiving assistance under Ohio works | 30159 |
| first at least as high as the district-wide percentage of students | 30160 |
| receiving such assistance. | 30161 |
| | 30162 |
| 30163 | |
| 30164 | |
| 30165 |
| | 30166 |
| department of job and family services under section 3317.10 of the | 30167 |
|
Revised
Code is insufficient to
determine
the
Ohio works first | 30168 |
| 30169 | |
| highest concentration of need" has the meaning given in rules that | 30170 |
| the department of education shall adopt. The rules shall base the | 30171 |
| definition of "buildings with the highest concentration of need" | 30172 |
| on family income of students in grades kindergarten through three | 30173 |
| in a manner that, to the extent possible with available data, | 30174 |
|
approximates the intent of this
division
and
division | 30175 |
| this
section to designate buildings
where the
Ohio works first | 30176 |
| 30177 | |
|
district-wide
Ohio works first | 30178 |
| (B) In addition to the amounts required to be paid to a | 30179 |
|
school district under section
3317.022 of the Revised Code, | 30180 |
| department of education shall compute and distribute to each | 30181 |
| school district | 30182 |
| greater of the following: | 30183 |
| (1) The amount the
district received in fiscal
year | 30184 |
| for disadvantaged pupil impact aid pursuant to | 30185 |
| 30186 | |
| 30187 | |
| Assembly, as amended, minus the amount deducted from the district | 30188 |
| under Section 16 of Am. Sub. S.B. 2 of the 125th General Assembly | 30189 |
| that year for payments to internet- and computer-based community | 30190 |
| schools; | 30191 |
| (2) The sum of the computations made under divisions (C) to | 30192 |
| 30193 |
| (C) A | 30194 |
| 30195 | |
| academic intervention programs, if the district's poverty index is | 30196 |
| greater than or equal to 0.25, calculated as follows: | 30197 |
| | 30198 |
| 30199 | |
| 30200 | |
| 30201 |
| | 30202 |
| 30203 | |
| 30204 | |
| 30205 |
| | 30206 |
| 30207 | |
| 30208 | |
| 30209 | |
| 30210 | |
| 30211 |
| (1) If the district's poverty index is greater than or equal | 30212 |
| to 0.25, calculate the district's level one amount for large-group | 30213 |
| academic intervention for all students as follows: | 30214 |
| (a) If the district's poverty index is greater than or equal | 30215 |
| to 0.25 but less than 0.75: | 30216 |
| 30217 |
| 30218 |
| 30219 |
| Where: | 30220 |
| (i) "Large-group intervention units" equals the district's | 30221 |
| formula ADM divided by 20; | 30222 |
| (ii) "Hourly rate" equals $20.00 in fiscal year 2006 and | 30223 |
| $20.40 in fiscal year 2007; | 30224 |
| (iii) "Level one hours" equals 25 hours; | 30225 |
| (iv) "Phase-in percentage" equals 0.60 in fiscal year 2006 | 30226 |
| and 1.00 in fiscal year 2007. | 30227 |
| (b) If the district's poverty index is greater than or equal | 30228 |
| to 0.75: | 30229 |
| 30230 |
| 30231 |
| Where "large-group intervention units," "hourly rate," "level | 30232 |
| one hours," and "phase-in percentage" have the same meanings as in | 30233 |
| division (C)(1)(a) of this section. | 30234 |
| (2) If the district's poverty index is greater than or equal | 30235 |
| to 0.75, calculate the district's level two amount for | 30236 |
| medium-group academic intervention for all students as follows: | 30237 |
| (a) If the district's poverty index is greater than or equal | 30238 |
| to 0.75 but less than 1.50: | 30239 |
| 30240 |
| 30241 |
| 30242 |
| Where: | 30243 |
| (i) "Medium group intervention units" equals the district's | 30244 |
| formula ADM divided by 15; | 30245 |
| (ii) "Hourly rate," "level one hours," and "phase-in | 30246 |
| percentage" have the same meanings as in division (C)(1)(a) of | 30247 |
| this section. | 30248 |
| (b) If the district's poverty index is greater than or equal | 30250 |
| to 1.50: | 30251 |
| 30252 |
| 30253 |
| Where: | 30254 |
| (i) "Medium group intervention units" has the same meaning as | 30255 |
| in division (C)(2)(a)(i) of this section; | 30256 |
| (ii) "Hourly rate" and "phase-in percentage" have the same | 30257 |
| meanings as in division (C)(1)(a) of this section; | 30258 |
| (iii) "Level two hours" equals 50 hours. | 30259 |
| (3) If the district's poverty index is greater than or equal | 30260 |
| to 1.50, calculate the district's level three amount for | 30261 |
| small-group academic intervention for impoverished students as | 30262 |
| follows: | 30263 |
| (a) If the district's poverty index is greater than or equal | 30264 |
| to 1.50 but less than 2.50: | 30265 |
| 30266 |
| 30267 |
| 30268 |
| Where: | 30269 |
| (i) "Small group intervention units" equals the quotient of | 30270 |
| (the district's poverty student count times 3) divided by 10; | 30271 |
| (ii) "Hourly rate," "level one hours," and "phase-in | 30272 |
| percentage" have the same meanings as in division (C)(1)(a) of | 30273 |
| this section; | 30274 |
| (iii) "Level three hours" equals 135 hours. | 30275 |
| (b) If the district's poverty index is greater than or equal | 30276 |
| to 2.50: | 30277 |
| 30278 |
| 30279 |
| Where: | 30280 |
| (i) "Small group intervention units" has the same meaning as | 30281 |
| in division (C)(3)(a)(i) of this section; | 30282 |
| (ii) "Hourly rate" and "phase-in percentage" have the same | 30283 |
| meanings as in division (C)(1)(a) of this section; | 30284 |
| (iii) "Level three hours" equals 160 hours. | 30285 |
| Any district that receives funds under division (C)(2) or (3) | 30286 |
| of this section annually shall submit to the department of | 30287 |
| education by a date established by the department a plan | 30288 |
| describing how the district will deploy those funds. The | 30289 |
| deployment measures described in that plan shall comply with any | 30290 |
| applicable spending requirements prescribed in division (J)(6) of | 30291 |
| this section or with any order issued by the superintendent of | 30292 |
| public instruction under section 3317.017 of the Revised Code. | 30293 |
| (D) A payment for all-day kindergarten if the
| 30294 |
| index of
the school district is greater
than or equal to | 30295 |
| or if the district's three-year average formula ADM exceeded | 30296 |
|
seventeen
thousand five hundred | 30297 |
| department shall make a payment under this division to any school | 30298 |
| district that, in a prior fiscal year, qualified for this payment | 30299 |
| and provided all-day kindergarten, regardless of changes to the | 30300 |
| district's poverty index. The department shall calculate the | 30301 |
| payment under this division by multiplying the all-day | 30302 |
| kindergarten percentage by the kindergarten ADM and multiplying | 30303 |
| that product by the formula amount. | 30304 |
| (E) A class-size reduction payment based on calculating the | 30305 |
| number of new teachers necessary to achieve a lower | 30306 |
| student-teacher ratio, as follows: | 30307 |
| (1) Determine or calculate a formula number of teachers per | 30308 |
|
one
thousand students based on the
| 30309 |
| school district as follows: | 30310 |
| (a) If the | 30311 |
| than
| 30312 |
| 50.0, which is the number of teachers per one thousand students at | 30313 |
| a student-teacher
ratio
of | 30314 |
| (b) If the | 30315 |
| greater than
or equal to | 30316 |
| 30317 | |
| follows: | 30318 |
| 30319 |
| 30320 |
| Where | 30321 |
|
students at a student-teacher ratio of | 30322 |
| 30323 | |
| 1.0 to a
| 30324 |
| 16.667 is the difference in the number of teachers per one | 30325 |
| thousand students at a student-teacher ratio of fifteen to one and | 30326 |
| the number of teachers per one thousand students at a | 30327 |
| student-teacher ratio of | 30328 |
| (c) If the | 30329 |
| greater than
or equal to
| 30330 |
| of teachers is 66.667, which is the number of teachers per one | 30331 |
| thousand students at a student-teacher ratio of fifteen to one. | 30332 |
| (2) Multiply the formula number of teachers determined or | 30333 |
| calculated in division (E)(1) of this section by the kindergarten | 30334 |
| through third grade ADM for the district and divide that product | 30335 |
| by one thousand; | 30336 |
| (3) Calculate the number of new teachers as follows: | 30337 |
| (a) Multiply the kindergarten through third grade ADM by | 30338 |
| 30339 | |
| students
at a student-teacher ratio of
| 30340 |
| and divide that product by one thousand; | 30341 |
| (b) Subtract the quotient obtained in division (E)(3)(a) of | 30342 |
| this section from the product in division (E)(2) of this section. | 30343 |
| (4) Multiply the greater of the difference obtained under | 30344 |
| division (E)(3) of this section or zero by the statewide average | 30345 |
|
teachers | 30346 |
| average teacher compensation" is $53,680 in fiscal year 2006 and | 30347 |
| $54,941 in fiscal year 2007, which includes an amount for the | 30348 |
| value of fringe benefits. | 30349 |
| (F) A payment for services to limited English proficient | 30350 |
| students, if the district's poverty index is greater than or equal | 30351 |
| to 1.0 and the proportion of its students who are limited English | 30352 |
| proficient, as reported in 2003 on its school district report | 30353 |
| issued under section 3302.03 of the Revised Code for the 2002-2003 | 30354 |
| school year, is greater than or equal to 2.0%, calculated as | 30355 |
| follows: | 30356 |
| (1) If the district's poverty index is greater than or equal | 30357 |
| to 1.0, but less than 1.75, determine the amount per limited | 30358 |
| English proficient student as follows: | 30359 |
| 30360 |
| (2) If the district's poverty index is greater than or equal | 30361 |
| to 1.75, the amount per limited English proficient student equals: | 30362 |
| 30363 |
| (3) Multiply the per student amount determined for the | 30364 |
| district under division (F)(1) or (2) of this section by the | 30365 |
| number of the district's limited English proficient students, | 30366 |
| times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70 | 30367 |
| in fiscal year 2007. For purposes of this calculation, the number | 30368 |
| of limited English proficient students for each district shall be | 30369 |
| the number determined by the department when it calculated the | 30370 |
| district's percentage of limited English students for its school | 30371 |
| district report card issued in 2003 for the 2002-2003 school year. | 30372 |
| Not later than December 31, 2006, the department of education | 30373 |
| shall recommend to the general assembly and the director of budget | 30374 |
| and management a method of identifying the number of limited | 30375 |
| English proficient students for purposes of calculating payments | 30376 |
| under this division after fiscal year 2007. | 30377 |
| (G) A payment for professional development of teachers, if | 30378 |
| the district's poverty index is greater than or equal to 1.0, | 30379 |
| calculated as follows: | 30380 |
| (1) If the district's poverty index is greater than or equal | 30381 |
| to 1.0, but less than 1.75, determine the amount per teacher as | 30382 |
| follows: | 30383 |
| 30384 |
| (2) If the district's poverty index is greater than or equal | 30385 |
| to 1.75, the amount per teacher equals: | 30386 |
| 30387 |
| (3) Determine the number of teachers, as follows: | 30388 |
| 30389 |
| (4) Multiply the per teacher amount determined for the | 30390 |
| district under division (G)(1) or (2) of this section by the | 30391 |
| number of teachers determined under division (G)(3) of this | 30392 |
| section, times a phase-in percentage of 0.40 in fiscal year 2006 | 30393 |
| and 0.70 in fiscal year 2007. | 30394 |
| (H) A payment for dropout prevention, if the district is a | 30395 |
| big eight school district as defined in section 3314.02 of the | 30396 |
| Revised Code, calculated as follows: | 30397 |
| 30398 |
| 30399 |
| Where "phase-in percentage" equals 0.40 in fiscal year 2006 | 30400 |
| and 0.70 in fiscal year 2007. | 30401 |
| (I) An amount for community outreach, if the district is an | 30402 |
| urban school district as defined in section 3314.02 of the Revised | 30403 |
| Code, calculated as follows: | 30404 |
| 30405 |
| 30406 |
| Where "phase-in percentage" equals 0.40 in fiscal year 2006 | 30407 |
| and 0.70 in fiscal year 2007. | 30408 |
| (J) This division applies only to school districts whose
| 30409 |
| poverty index is | 30410 |
| (1) Each school district subject to this division shall first | 30411 |
| utilize funds received under this section so that, when combined | 30412 |
| with other funds of the district, sufficient funds exist to | 30413 |
| provide all-day kindergarten to at least the number of children in | 30414 |
| the district's all-day kindergarten percentage. | 30415 |
| (2) | 30416 |
| 30417 | |
| 30418 | |
| 30419 | |
| (F) of this section for one or more of the following purposes: | 30420 |
| (a) To hire teachers for limited English proficient students | 30421 |
| or other personnel to provide intervention services for those | 30422 |
| students; | 30423 |
| (b) To contract for intervention services for those students; | 30424 |
| (c) To provide other services to assist those students in | 30425 |
| passing the third-grade reading achievement test, and to provide | 30426 |
| for those students the intervention services required by section | 30427 |
| 3313.608 of the Revised Code. | 30428 |
| (3) Each school district shall use its payment under division | 30429 |
| (G) of this section for professional development of teachers or | 30430 |
| other licensed personnel providing educational services to | 30431 |
| students only in one or more of the following areas: | 30432 |
| (a) Data-based decision making; | 30433 |
| (b) Standards-based curriculum models; | 30434 |
| (c) Job-embedded professional development activities that are | 30435 |
| research-based, as defined in federal law. | 30436 |
| In addition, each district shall use the payment only to | 30437 |
| implement programs identified on a list of eligible professional | 30438 |
| development programs provided by the department of education. The | 30439 |
| department annually shall provide the list to each district | 30440 |
| receiving a payment under division (G) of this section. However, a | 30441 |
| district may apply to the department for a waiver to implement an | 30442 |
| alternative professional development program in one or more of the | 30443 |
| areas specified in divisions (J)(3)(a) to (c) of this section. If | 30444 |
| the department grants the waiver, the district may use its payment | 30445 |
| under division (G) of this section to implement the alternative | 30446 |
| program. | 30447 |
| (4) Each big eight school district shall use its payment | 30448 |
| under division (H) of this section either for preventing at-risk | 30449 |
| students from dropping out of school, for safety and security | 30450 |
| measures described in division (J)(5)(b) of this section, for | 30451 |
| academic intervention services described in division (J)(6) of | 30452 |
| this section, or for a combination of those purposes. Not later | 30453 |
| than September 1, 2005, the department of education shall provide | 30454 |
| each big eight school district with a list of dropout prevention | 30455 |
| programs that it has determined are successful. The department | 30456 |
| subsequently may update the list. Each district that elects to use | 30457 |
| its payment under division (H) of this section for dropout | 30458 |
| prevention shall use the payment only to implement a dropout | 30459 |
| prevention program specified on the department's list. However, a | 30460 |
| district may apply to the department for a waiver to implement an | 30461 |
| alternative dropout prevention program. If the department grants | 30462 |
| the waiver, the district may use its payment under division (H) of | 30463 |
| this section to implement the alternative program. | 30464 |
| (5) Each urban school district that has a poverty index | 30465 |
| greater than or equal to 1.0 shall use its payment under division | 30466 |
| (I) of this section for one or a combination of the following | 30467 |
| purposes: | 30468 |
| (a) To hire or contract for community liaison officers, | 30469 |
| attendance or truant officers, or safety and security personnel; | 30470 |
| (b) To implement programs designed to ensure that schools are | 30471 |
| free of drugs and violence and have a disciplined environment | 30472 |
| conducive to learning; | 30473 |
| (c) To implement academic intervention services described in | 30474 |
| division (J)(6) of this section. | 30475 |
| (6) Each school district with a poverty index greater than or | 30476 |
| equal to 1.0 shall use the amount of its payment under division | 30477 |
| (C) of this section, and may use any amount of its payment under | 30478 |
| division (H) or (I) of this section, for | 30479 |
| 30480 |
| | 30481 |
| 30482 | |
| 30483 |
| | 30484 |
| who have failed or are in danger of failing any of the tests | 30485 |
|
administered
pursuant to
section 3301.0710 of the Revised Code | 30486 |
| | 30487 |
| 30488 | |
| 30489 | |
| 30490 | |
| by section 3313.608 of the Revised Code. No district shall spend | 30491 |
| any portion of its payment under division (C) of this section for | 30492 |
| any other purpose. Notwithstanding any provision to the contrary | 30493 |
| in Chapter 4117. of the Revised Code, no collective bargaining | 30494 |
| agreement entered into after the effective date of this amendment | 30495 |
| shall require use of the payment for any other purpose. | 30496 |
| | 30497 |
|
permitted under division | 30498 |
| remaining funds distributed under this section to districts | 30499 |
| 30500 | |
| equal to 1.0 shall be utilized for the purpose of the third grade | 30501 |
| guarantee. The third grade guarantee consists of increasing the | 30502 |
| amount of instructional attention received per pupil in | 30503 |
| kindergarten through third grade, either by reducing the ratio of | 30504 |
| students to instructional personnel or by increasing the amount of | 30505 |
| instruction and curriculum-related activities by extending the | 30506 |
| length of the school day or the school year. | 30507 |
| School districts may implement a reduction of the ratio of | 30508 |
| students to instructional personnel through any or all of the | 30509 |
| following methods: | 30510 |
| (a) Reducing the number of students in a classroom taught by | 30511 |
| a single teacher; | 30512 |
| (b) Employing full-time educational aides or educational | 30513 |
| paraprofessionals issued a permit or license under section | 30514 |
| 3319.088 of the Revised Code; | 30515 |
| (c) Instituting a team-teaching method that will result in a | 30516 |
| lower student-teacher ratio in a classroom. | 30517 |
| Districts may extend the school day either by increasing the | 30518 |
| amount of time allocated for each class, increasing the number of | 30519 |
| classes provided per day, offering optional academic-related | 30520 |
| after-school programs, providing curriculum-related extra | 30521 |
| curricular activities, or establishing tutoring or remedial | 30522 |
| services for students who have demonstrated an educational need. | 30523 |
| In accordance with section 3319.089 of the Revised Code, a | 30524 |
| district extending the school day pursuant to this division may | 30525 |
| utilize a participant of the work experience program who has a | 30526 |
| child enrolled in a public school in that district and who is | 30527 |
| fulfilling the work requirements of that program by volunteering | 30528 |
| or working in that public school. If the work experience program | 30529 |
| participant is compensated, the school district may use the funds | 30530 |
| distributed under this section for all or part of the | 30531 |
| compensation. | 30532 |
| Districts may extend the school year either through adding | 30533 |
| regular days of instruction to the school calendar or by providing | 30534 |
| summer programs. | 30535 |
| | 30536 |
| shall not expend any funds received under division (E) of this | 30537 |
| section in any school buildings that are not buildings with the | 30538 |
| highest concentration of need, unless there is a ratio of | 30539 |
| instructional personnel to students of no more than fifteen to one | 30540 |
| in each kindergarten and first grade class in all buildings with | 30541 |
| the highest concentration of need. This division does not require | 30542 |
| that the funds used in buildings with the highest concentration of | 30543 |
| need be spent solely to reduce the ratio of instructional | 30544 |
| personnel to students in kindergarten and first grade. A school | 30545 |
| district may spend the funds in those buildings in any manner | 30546 |
|
permitted by division
| 30547 |
| spend the money in other buildings unless the fifteen-to-one ratio | 30548 |
| required by this division is attained. | 30549 |
| | 30550 |
| each school district wishing to receive any funds under division | 30551 |
| (D) of this section shall submit to the department of education an | 30552 |
| estimate of its all-day kindergarten percentage. Each district | 30553 |
| shall update its estimate throughout the fiscal year in the form | 30554 |
| and manner required by the department, and the department shall | 30555 |
| adjust payments under this section to reflect the updates. | 30556 |
| (2) Annually by the end of December, the department of | 30557 |
| education, utilizing data from the information system established | 30558 |
| under section 3301.0714 of the Revised Code and after consultation | 30559 |
| with the legislative office of education oversight, shall | 30560 |
|
determine for each school district subject to division | 30561 |
| this section whether in the preceding fiscal year the district's | 30562 |
| ratio of instructional personnel to students and its number of | 30563 |
| kindergarten students receiving all-day kindergarten appear | 30564 |
| reasonable, given the amounts of money the district received for | 30565 |
| that fiscal year pursuant to divisions (D) and (E) of this | 30566 |
| section. If the department is unable to verify from the data | 30567 |
| available that students are receiving reasonable amounts of | 30568 |
| instructional attention and all-day kindergarten, given the funds | 30569 |
| the district has received under this section and that class-size | 30570 |
| reduction funds are being used in school buildings with the | 30571 |
|
highest concentration of
need as required by division | 30572 |
| this section, the department shall conduct a more intensive | 30573 |
| investigation to ensure that funds have been expended as required | 30574 |
| by this section. The department shall file an annual report of its | 30575 |
| findings under this division with the chairpersons of the | 30576 |
| committees in each house of the general assembly dealing with | 30577 |
| finance and education. | 30578 |
| | 30579 |
| less than | 30580 |
| seventeen thousand five hundred shall first utilize funds received | 30581 |
| under this section so that, when combined with other funds of the | 30582 |
| district, sufficient funds exist to provide all-day kindergarten | 30583 |
| to at least the number of children in the district's all-day | 30584 |
|
kindergarten
percentage.
| 30585 |
| (2) Each school district with a poverty index less than 1.0 | 30586 |
| that receives a payment under division (C) of this section shall | 30587 |
| use its payment under that division in accordance with all | 30588 |
| requirements of division (J)(6) of this section. | 30589 |
| (3) Each school district with a poverty index less than 1.0 | 30590 |
| that receives a payment under division (I) of this section shall | 30591 |
| use its payment under that division for one or a combination of | 30592 |
| the following purposes: | 30593 |
| (a) To hire or contract for community liaison officers, | 30594 |
| attendance or truant officers, or safety and security personnel; | 30595 |
| (b) To implement programs designed to ensure that schools are | 30596 |
| free of drugs and violence and have a disciplined environment | 30597 |
| conducive to learning; | 30598 |
| (c) To implement academic intervention services described in | 30599 |
| division (J)(6) of this section. | 30600 |
| (4) Each school district to which division (M)(1), (2), or | 30601 |
| (3) of this section applies shall expend | 30602 |
| 30603 | |
|
district with a
| 30604 |
| 30605 | |
| section, for any of the following purposes: | 30606 |
| | 30607 |
| for remediation; | 30608 |
| | 30609 |
| | 30610 |
| through three, as described in division (J)(7) of this section; | 30611 |
| | 30612 |
| | 30613 |
| of education under division (J)(4) of this section; | 30614 |
| | 30615 |
| progress to more advanced work; | 30616 |
| | 30617 |
| | 30618 |
| | 30619 |
| or early learning programs; | 30620 |
| | 30621 |
| described by the department of education; | 30622 |
| | 30623 |
| drugs and violence and have a disciplined environment conducive to | 30624 |
| learning; | 30625 |
| | 30626 |
| of instruction, except for the necessary textbooks or electronic | 30627 |
| textbooks required to be furnished without charge pursuant to | 30628 |
| section 3329.06 of the Revised Code, to pupils living in families | 30629 |
| participating in Ohio works first in accordance with section | 30630 |
| 3313.642 of the Revised Code; | 30631 |
| | 30632 |
| 3313.813 of the Revised Code. | 30633 |
| | 30634 |
| 30635 | |
| 30636 |
| | 30637 |
| instruction determines that a school district receiving funds | 30638 |
| under division (D) of this section has enrolled less than the | 30639 |
| all-day kindergarten percentage reported for that fiscal year, the | 30640 |
| superintendent shall withhold from the funds otherwise due the | 30641 |
| district under this section a proportional amount as determined by | 30642 |
| the difference in the certified all-day kindergarten percentage | 30643 |
| and the percentage actually enrolled in all-day kindergarten. | 30644 |
| The superintendent shall also withhold an appropriate amount | 30645 |
| of funds otherwise due a district for any other misuse of funds | 30646 |
| not in accordance with this section. | 30647 |
| | 30648 |
| calculated for it under division (D) of this section to modify or | 30649 |
| purchase classroom space to provide all-day kindergarten, if both | 30650 |
| of the following conditions are met: | 30651 |
| (a) The district certifies to the department, in a manner | 30652 |
| acceptable to the department, that it has a shortage of space for | 30653 |
| providing all-day kindergarten. | 30654 |
| (b) The district provides all-day kindergarten to the number | 30655 |
| of children in the all-day kindergarten percentage it certified | 30656 |
| under this section. | 30657 |
| (2) A district may use a portion of the funds described in | 30658 |
|
division | 30659 |
| classroom space to enable it to further reduce class size in | 30660 |
| grades kindergarten through two with a goal of attaining class | 30661 |
| sizes of fifteen students per licensed teacher. To do so, the | 30662 |
| district must certify its need for additional space to the | 30663 |
| department, in a manner satisfactory to the department. | 30664 |
| Sec. 3317.0216. (A) As used in this section: | 30665 |
| (1) "Total taxes charged and payable for current expenses" | 30666 |
| means the sum of the taxes charged and payable as certified under | 30667 |
| division (A)(3)(a) of section 3317.021 of the Revised Code less | 30668 |
| any amounts reported under division (A)(3)(b) of that section, and | 30669 |
| the tax distribution for the preceding year under any school | 30670 |
| district income tax levied by the district pursuant to Chapter | 30671 |
| 5748. of the Revised Code to the extent the revenue from the | 30672 |
| income tax is allocated or apportioned to current expenses. | 30673 |
| (2)
"Charge-off amount" means | 30674 |
| 30675 | |
| recognized valuation and property exemption value). | 30676 |
| (3) Until fiscal year 2003, the "actual local share of | 30677 |
| special education, transportation, and vocational education | 30678 |
| funding" for any school district means the sum of the district's | 30679 |
| attributed local shares described in divisions (F)(1) to (3) of | 30680 |
| section 3317.022 of the Revised Code. Beginning in fiscal year | 30681 |
| 2003, the "actual local share of special education, | 30682 |
| transportation, and vocational education funding" means that sum | 30683 |
| minus the amount of any excess cost supplement payment calculated | 30684 |
| for the district under division (F) of section 3317.022 of the | 30685 |
| Revised Code. | 30686 |
| (4) "Current expense revenues from the tangible property tax | 30687 |
| replacement fund" means payments received from the school district | 30688 |
| tangible property tax replacement fund or the general revenue fund | 30689 |
| under section 5751.21 of the Revised Code for fixed-rate levies | 30690 |
| for current expenses and for fixed-sum levies for current | 30691 |
| expenses, including school district emergency levies under | 30692 |
| sections 5705.194 to 5705.197 of the Revised Code. | 30693 |
| (B) Upon receiving the certifications under section 3317.021 | 30694 |
| of the Revised Code, the department of education shall determine | 30695 |
| for each city, local, and exempted village school district whether | 30696 |
| the district's charge-off amount is greater than the sum of the | 30697 |
| district's total taxes charged and payable for current expenses | 30698 |
| and current expense revenues from the tangible property tax | 30699 |
| replacement fund, and if | 30700 |
| shall pay the district the amount of the difference. A payment | 30701 |
| shall not be made to any school district for which the computation | 30702 |
| under division (A) of section 3317.022 of the Revised Code equals | 30703 |
| zero. | 30704 |
| (C)(1) If a district's charge-off amount is equal to or | 30705 |
| greater than the sum of its total taxes charged and payable for | 30706 |
| current expenses and current expense revenues from the tangible | 30707 |
| property tax replacement fund, the department shall, in addition | 30708 |
| to the payment required under division (B) of this section, pay | 30709 |
| the district the amount of its actual local share of special | 30710 |
| education, transportation, and vocational education funding. | 30711 |
| (2) If a district's charge-off amount is less than the sum of | 30712 |
| its total taxes charged and payable for current expenses and | 30713 |
| current expense revenues from the tangible property tax | 30714 |
| replacement fund, the department shall pay the district any amount | 30715 |
| by which its actual local share of special education, | 30716 |
| transportation, and vocational education funding exceeds the sum | 30717 |
| of its total taxes charged and payable for current expenses and | 30718 |
| current expense revenues from the tangible property tax | 30719 |
| replacement fund minus its charge-off amount. | 30720 |
| (D) If a school district that received a payment under | 30721 |
| division (B) or (C) of this section in the prior fiscal year is | 30722 |
| ineligible for payment under those divisions in the current fiscal | 30723 |
| year, the department shall determine if the ineligibility is the | 30724 |
| result of a property tax or income tax levy approved by the | 30725 |
| district's voters to take effect in tax year 2005 or thereafter. | 30726 |
| If the department determines that is the case, and calculates that | 30727 |
| the levy causing the ineligibility exceeded by at least one mill | 30728 |
| the equivalent millage of the prior year's payment under divisions | 30729 |
| (B) and (C) of this section, the department shall make a payment | 30730 |
| to the district for the first three years that the district loses | 30731 |
| eligibility for payment under divisions (B) and (C) of this | 30732 |
| section, as follows: | 30733 |
| (1) In the first year of ineligibility, the department shall | 30734 |
| pay the district seventy-five per cent of the amount it last paid | 30735 |
| the district under divisions (B) and (C) of this section. | 30736 |
| (2) In the second year of ineligibility, the department shall | 30737 |
| pay the district fifty per cent of the amount it last paid the | 30738 |
| district under those divisions. | 30739 |
| (3) In the third year of ineligibility, the department shall | 30740 |
| pay the district twenty-five per cent of the amount it last paid | 30741 |
| the district under those divisions. | 30742 |
| (E) A district that receives payment under division (D) of | 30743 |
| this section and subsequently qualifies for payment under division | 30744 |
| (B) or (C) of this section is ineligible for future payments under | 30745 |
| division (D) of this section. | 30746 |
| Sec. 3317.0217. The department of education shall annually | 30747 |
| compute and pay state parity aid to school districts, as follows: | 30748 |
| (A) Calculate the local wealth per pupil of each school | 30749 |
| district, which equals the following sum: | 30750 |
| (1) Two-thirds times the quotient of (a) the district's | 30751 |
| recognized valuation divided by (b) its formula ADM; plus | 30752 |
| (2) One-third times the quotient of (a) the average of the | 30753 |
| total federal adjusted gross income of the school district's | 30754 |
| residents for the three years most recently reported under section | 30755 |
| 3317.021 of the Revised Code divided by (b) its formula ADM. | 30756 |
| (B) Rank all school districts in order of local wealth per | 30757 |
| pupil, from the district with the lowest local wealth per pupil to | 30758 |
| the district with the highest local wealth per pupil. | 30759 |
| (C) Compute the per pupil state parity aid funding for each | 30760 |
| school district in accordance with the following formula: | 30761 |
| 30762 |
| 30763 |
| 30764 |
| Where: | 30765 |
| (1) | 30766 |
| 30767 | |
| 30768 | |
| 30769 |
| | 30770 |
| 30771 | |
| 30772 | |
| 30773 | |
| 30774 | |
| 30775 | |
| 30776 | |
| 30777 | |
| 30778 | |
| 30779 | |
| 30780 | |
| 30781 | |
| 30782 | |
| 30783 | |
| (0.0075) is an adjustment to the original parity aid standard of | 30784 |
| nine and one-half mills, to account for the general assembly's | 30785 |
| policy decision to phase-out use of the cost-of-doing-business | 30786 |
| factor in the base cost formula. | 30787 |
| | 30788 |
| wealth per pupil of the school district with the | 30789 |
| four-hundred-ninetieth lowest local wealth per pupil. | 30790 |
| If the result of the calculation for a school district under | 30791 |
| division (C) of this section is less than zero, the district's per | 30792 |
| pupil parity aid shall be zero. | 30793 |
| (D) Compute the per pupil alternative parity aid for each | 30794 |
| school district that has a combination of an income factor of 1.0 | 30795 |
|
or less, a | 30796 |
| 2005 cost-of-doing-business factor of 1.0375 or greater, in | 30797 |
| accordance with the following formula: | 30798 |
| 30799 |
| 30800 |
| Where: | 30801 |
| (1) " | 30802 |
| 3317.029 of the Revised Code. | 30803 |
| (2) "Payment percentage," for purposes of division (D) of | 30804 |
| this section, equals 50% in fiscal year 2002 and 100% after fiscal | 30805 |
| year 2002. | 30806 |
| (E) Pay each district that has a combination of an income | 30807 |
|
factor of 1.0 or less, a | 30808 |
| a fiscal year 2005 cost-of-doing-business factor of 1.0375 or | 30809 |
| greater, the greater of the following: | 30810 |
| (1) The product of the district's per pupil parity aid | 30811 |
| calculated under division (C) of this section times its net | 30812 |
| formula ADM; | 30813 |
| (2) The product of its per pupil alternative parity aid | 30814 |
| calculated under division (D) of this section times its net | 30815 |
| formula ADM. | 30816 |
| (F) Pay every other district the product of its per pupil | 30817 |
| parity aid calculated under division (C) of this section times its | 30818 |
| net formula ADM. | 30819 |
| (G) As used in divisions (E) and (F) of this section, "net | 30820 |
| formula ADM" means formula ADM minus the number of internet- and | 30821 |
| computer-based community school students and scholarship students | 30822 |
| reported under divisions (B)(3)(e) and (f) of section 3317.03 of | 30823 |
| the Revised Code. | 30824 |
| Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and | 30825 |
| (C) of this section, any student enrolled in kindergarten more | 30826 |
| than half time shall be reported as one-half student under this | 30827 |
| section. | 30828 |
| (A) The superintendent of each city and exempted village | 30829 |
| school district and of each educational service center shall, for | 30830 |
| the schools under the superintendent's supervision, certify to the | 30831 |
| state board of education on or before the fifteenth day of October | 30832 |
| in each year for the first full school week in October the formula | 30833 |
|
ADM | 30834 |
| also shall certify to the state board, for the schools under the | 30835 |
| superintendent's supervision, the formula ADM for the third full | 30836 |
| week in February. If a school under the superintendent's | 30837 |
| supervision is closed for one or more days during that week due to | 30838 |
| hazardous weather conditions or other circumstances described in | 30839 |
| the first paragraph of division (B) of section 3317.01 of the | 30840 |
| Revised Code, the superintendent may apply to the superintendent | 30841 |
| of public instruction for a waiver, under which the superintendent | 30842 |
| of public instruction may exempt the district superintendent from | 30843 |
| certifying the formula ADM for that school for that week and | 30844 |
| specify an alternate week for certifying the formula ADM of that | 30845 |
| school. | 30846 |
| The formula ADM shall consist of the average daily membership | 30847 |
| during such week of the sum of the following: | 30848 |
| (1) On an FTE basis, the number of students in grades | 30849 |
| kindergarten through twelve receiving any educational services | 30850 |
| from the district, except that the following categories of | 30851 |
| students shall not be included in the determination: | 30852 |
| (a) Students enrolled in adult education classes; | 30853 |
| (b) Adjacent or other district students enrolled in the | 30854 |
| district under an open enrollment policy pursuant to section | 30855 |
| 3313.98 of the Revised Code; | 30856 |
| (c) Students receiving services in the district pursuant to a | 30857 |
| compact, cooperative education agreement, or a contract, but who | 30858 |
| are entitled to attend school in another district pursuant to | 30859 |
| section 3313.64 or 3313.65 of the Revised Code; | 30860 |
| (d) Students for whom tuition is payable pursuant to sections | 30861 |
| 3317.081 and 3323.141 of the Revised Code. | 30862 |
| (2) On an FTE basis, the number of students entitled to | 30863 |
| attend school in the district pursuant to section 3313.64 or | 30864 |
| 3313.65 of the Revised Code, but receiving educational services in | 30865 |
| grades kindergarten through twelve from one or more of the | 30866 |
| following entities: | 30867 |
| (a) A community school pursuant to Chapter 3314. of the | 30868 |
| Revised Code, including any participation in a college pursuant to | 30869 |
| Chapter 3365. of the Revised Code while enrolled in such community | 30870 |
| school; | 30871 |
| (b) An alternative school pursuant to sections 3313.974 to | 30872 |
| 3313.979 of the Revised Code as described in division (I)(2)(a) or | 30873 |
| (b) of this section; | 30874 |
| (c) A college pursuant to Chapter 3365. of the Revised Code, | 30875 |
| except when the student is enrolled in the college while also | 30876 |
| enrolled in a community school pursuant to Chapter 3314. of the | 30877 |
| Revised Code; | 30878 |
| (d) An adjacent or other school district under an open | 30879 |
| enrollment policy adopted pursuant to section 3313.98 of the | 30880 |
| Revised Code; | 30881 |
| (e) An educational service center or cooperative education | 30882 |
| district; | 30883 |
| (f) Another school district under a cooperative education | 30884 |
| agreement, compact, or contract; | 30885 |
| (g) A chartered nonpublic school with a scholarship paid | 30886 |
| under section 3310.08 of the Revised Code. | 30887 |
| (3) Twenty per cent of the number of students enrolled in a | 30888 |
| joint vocational school district or under a vocational education | 30889 |
| compact, excluding any students entitled to attend school in the | 30890 |
| district under section 3313.64 or 3313.65 of the Revised Code who | 30891 |
| are enrolled in another school district through an open enrollment | 30892 |
| policy as reported under division (A)(2)(d) of this section and | 30893 |
| then enroll in a joint vocational school district or under a | 30894 |
| vocational education compact; | 30895 |
| (4) The number of handicapped children, other than | 30896 |
| handicapped preschool children, entitled to attend school in the | 30897 |
| district pursuant to section 3313.64 or 3313.65 of the Revised | 30898 |
| Code who are placed with a county MR/DD board, minus the number of | 30899 |
| such children placed with a county MR/DD board in fiscal year | 30900 |
| 1998. If this calculation produces a negative number, the number | 30901 |
| reported under division (A)(4) of this section shall be zero. | 30902 |
| (5) In the case of the report submitted for the third full | 30903 |
| week in February, or the alternative week if specified by the | 30904 |
| superintendent of public instruction, the number of students | 30905 |
| reported under division (A)(1) or (2) of this section for the | 30906 |
| first full week of the preceding October but who since that week | 30907 |
| have received high school diplomas. | 30908 |
| (B) To enable the department of education to obtain the data | 30909 |
| needed to complete the calculation of payments pursuant to this | 30910 |
| chapter, in addition to the formula ADM, each superintendent shall | 30911 |
| report separately the following student counts for the same week | 30912 |
| for which formula ADM is certified: | 30913 |
| (1) The total average daily membership in regular day classes | 30914 |
| included in the report under division (A)(1) or (2) of this | 30915 |
| section for kindergarten, and each of grades one through twelve in | 30916 |
| schools under the superintendent's supervision; | 30917 |
| (2) The number of all handicapped preschool children enrolled | 30918 |
| as of the first day of December in classes in the district that | 30919 |
| are eligible for approval under division (B) of section 3317.05 of | 30920 |
| the Revised Code and the number of those classes, which shall be | 30921 |
| reported not later than the fifteenth day of December, in | 30922 |
| accordance with rules adopted under that section; | 30923 |
| (3) The number of children entitled to attend school in the | 30924 |
| district pursuant to section 3313.64 or 3313.65 of the Revised | 30925 |
|
Code who are | 30926 |
| (a) Participating in a pilot project scholarship program | 30927 |
| established under sections 3313.974 to 3313.979 of the Revised | 30928 |
|
Code as described in division
(I)(2)(a) or (b) of this section | 30929 |
| 30930 |
| (b) Enrolled in a college under Chapter 3365. of the Revised | 30931 |
| Code, except when the student is enrolled in the college while | 30932 |
| also enrolled in a community school pursuant to Chapter 3314. of | 30933 |
| the
Revised Code | 30934 |
| (c) Enrolled in an adjacent or other school district under | 30935 |
| section 3313.98 of the Revised Code | 30936 |
| (d) Enrolled in a community school established under Chapter | 30937 |
| 3314. of the Revised Code that is not an internet- or | 30938 |
| computer-based community school as defined in section 3314.02 of | 30939 |
| the Revised Code, including any participation in a college | 30940 |
| pursuant to Chapter 3365. of the Revised Code while enrolled in | 30941 |
| such community
school | 30942 |
| (e) Enrolled in an internet- or computer-based community | 30943 |
| school, as defined in section 3314.02 of the Revised Code, | 30944 |
| including any participation in a college pursuant to Chapter 3365. | 30945 |
| of the Revised Code while enrolled in the school; | 30946 |
| (f) Enrolled in a chartered nonpublic school with a | 30947 |
| scholarship paid under section 3310.08 of the Revised Code; | 30948 |
| (g) Participating in a program operated by a county MR/DD | 30949 |
| board or a state institution; | 30950 |
| (4) The number of pupils enrolled in joint vocational | 30951 |
| schools; | 30952 |
| (5) The average daily membership of handicapped children | 30953 |
| reported under division (A)(1) or (2) of this section receiving | 30954 |
| special education services for the category one handicap described | 30955 |
| in division (A) of section 3317.013 of the Revised Code; | 30956 |
| (6) The average daily membership of handicapped children | 30957 |
| reported under division (A)(1) or (2) of this section receiving | 30958 |
| special education services for category two handicaps described in | 30959 |
| division (B) of section 3317.013 of the Revised Code; | 30960 |
| (7) The average daily membership of handicapped children | 30961 |
| reported under division (A)(1) or (2) of this section receiving | 30962 |
| special education services for category three handicaps described | 30963 |
| in division (C) of section 3317.013 of the Revised Code; | 30964 |
| (8) The average daily membership of handicapped children | 30965 |
| reported under division (A)(1) or (2) of this section receiving | 30966 |
| special education services for category four handicaps described | 30967 |
| in division (D) of section 3317.013 of the Revised Code; | 30968 |
| (9) The average daily membership of handicapped children | 30969 |
| reported under division (A)(1) or (2) of this section receiving | 30970 |
| special education services for the category five handicap | 30971 |
| described in division (E) of section 3317.013 of the Revised Code; | 30972 |
| (10) The average daily membership of handicapped children | 30973 |
| reported under division (A)(1) or (2) of this section receiving | 30974 |
| special education services for category six handicaps described in | 30975 |
| division (F) of section 3317.013 of the Revised Code; | 30976 |
| (11) The average daily membership of pupils reported under | 30977 |
| division (A)(1) or (2) of this section enrolled in category one | 30978 |
| vocational education programs or classes, described in division | 30979 |
| (A) of section 3317.014 of the Revised Code, operated by the | 30980 |
| school district or by another district, other than a joint | 30981 |
| vocational school district, or by an educational service center, | 30982 |
| excluding any student reported under division (B)(3)(e) of this | 30983 |
| section as enrolled in an internet- or computer-based community | 30984 |
| school, notwithstanding division (C) of section 3317.02 of the | 30985 |
| Revised Code and division (C)(3) of this section; | 30986 |
| (12) The average daily membership of pupils reported under | 30987 |
| division (A)(1) or (2) of this section enrolled in category two | 30988 |
| vocational education programs or services, described in division | 30989 |
| (B) of section 3317.014 of the Revised Code, operated by the | 30990 |
| school district or another school district, other than a joint | 30991 |
| vocational school district, or by an educational service center, | 30992 |
| excluding any student reported under division (B)(3)(e) of this | 30993 |
| section as enrolled in an internet- or computer-based community | 30994 |
| school, notwithstanding division (C) of section 3317.02 of the | 30995 |
| Revised Code and division (C)(3) of this section; | 30996 |
| (13) The average number of children transported by the school | 30997 |
| district on board-owned or contractor-owned and -operated buses, | 30998 |
| reported in accordance with rules adopted by the department of | 30999 |
| education; | 31000 |
| (14)(a) The number of children, other than handicapped | 31001 |
| preschool children, the district placed with a county MR/DD board | 31002 |
| in fiscal year 1998; | 31003 |
| (b) The number of handicapped children, other than | 31004 |
| handicapped preschool children, placed with a county MR/DD board | 31005 |
| in the current fiscal year to receive special education services | 31006 |
| for the category one handicap described in division (A) of section | 31007 |
| 3317.013 of the Revised Code; | 31008 |
| (c) The number of handicapped children, other than | 31009 |
| handicapped preschool children, placed with a county MR/DD board | 31010 |
| in the current fiscal year to receive special education services | 31011 |
| for category two handicaps described in division (B) of section | 31012 |
| 3317.013 of the Revised Code; | 31013 |
| (d) The number of handicapped children, other than | 31014 |
| handicapped preschool children, placed with a county MR/DD board | 31015 |
| in the current fiscal year to receive special education services | 31016 |
| for category three handicaps described in division (C) of section | 31017 |
| 3317.013 of the Revised Code; | 31018 |
| (e) The number of handicapped children, other than | 31019 |
| handicapped preschool children, placed with a county MR/DD board | 31020 |
| in the current fiscal year to receive special education services | 31021 |
| for category four handicaps described in division (D) of section | 31022 |
| 3317.013 of the Revised Code; | 31023 |
| (f) The number of handicapped children, other than | 31024 |
| handicapped preschool children, placed with a county MR/DD board | 31025 |
| in the current fiscal year to receive special education services | 31026 |
| for the category five handicap described in division (E) of | 31027 |
| section 3317.013 of the Revised Code; | 31028 |
| (g) The number of handicapped children, other than | 31029 |
| handicapped preschool children, placed with a county MR/DD board | 31030 |
| in the current fiscal year to receive special education services | 31031 |
| for category six handicaps described in division (F) of section | 31032 |
| 3317.013 of the Revised Code. | 31033 |
| (C)(1) Except as otherwise provided in this section for | 31034 |
| kindergarten students, the average daily membership in divisions | 31035 |
| (B)(1) to (12) of this section shall be based upon the number of | 31036 |
| full-time equivalent students. The state board of education shall | 31037 |
| adopt rules defining full-time equivalent students and for | 31038 |
| determining the average daily membership therefrom for the | 31039 |
| purposes of divisions (A), (B), and (D) of this section. | 31040 |
| (2) A student enrolled in a community school established | 31041 |
| under Chapter 3314. of the Revised Code shall be counted in the | 31042 |
| formula ADM and, if applicable, the category one, two, three, | 31043 |
| four, five, or six special education ADM of the school district in | 31044 |
| which the student is entitled to attend school under section | 31045 |
| 3313.64 or 3313.65 of the Revised Code for the same proportion of | 31046 |
| the school year that the student is counted in the enrollment of | 31047 |
| the community school for purposes of section 3314.08 of the | 31048 |
| Revised Code. | 31049 |
| (3) No child shall be counted as more than a total of one | 31050 |
| child in the sum of the average daily memberships of a school | 31051 |
| district under division (A), divisions (B)(1) to (12), or division | 31052 |
| (D) of this section, except as follows: | 31053 |
| (a) A child with a handicap described in section 3317.013 of | 31054 |
| the Revised Code may be counted both in formula ADM and in | 31055 |
| category one, two, three, four, five, or six special education ADM | 31056 |
| and, if applicable, in category one or two vocational education | 31057 |
| ADM. As provided in division (C) of section 3317.02 of the Revised | 31058 |
| Code, such a child shall be counted in category one, two, three, | 31059 |
| four, five, or six special education ADM in the same proportion | 31060 |
| that the child is counted in formula ADM. | 31061 |
| (b) A child enrolled in vocational education programs or | 31062 |
| classes described in section 3317.014 of the Revised Code may be | 31063 |
| counted both in formula ADM and category one or two vocational | 31064 |
| education ADM and, if applicable, in category one, two, three, | 31065 |
| four, five, or six special education ADM. Such a child shall be | 31066 |
| counted in category one or two vocational education ADM in the | 31067 |
| same proportion as the percentage of time that the child spends in | 31068 |
| the vocational education programs or classes. | 31069 |
| (4) Based on the information reported under this section, the | 31070 |
| department of education shall determine the total student count, | 31071 |
| as defined in section 3301.011 of the Revised Code, for each | 31072 |
| school district. | 31073 |
| (D)(1) The superintendent of each joint vocational school | 31074 |
| district shall certify to the superintendent of public instruction | 31075 |
| on or before the fifteenth day of October in each year for the | 31076 |
|
first full school week in
October the formula ADM | 31077 |
| Beginning in fiscal year 2006, each superintendent also shall | 31078 |
| certify to the state superintendent the formula ADM for the third | 31079 |
| full week in February. If a school operated by the joint | 31080 |
| vocational school district is closed for one or more days during | 31081 |
| that week due to hazardous weather conditions or other | 31082 |
| circumstances described in the first paragraph of division (B) of | 31083 |
| section 3317.01 of the Revised Code, the superintendent may apply | 31084 |
| to the superintendent of public instruction for a waiver, under | 31085 |
| which the superintendent of public instruction may exempt the | 31086 |
| district superintendent from certifying the formula ADM for that | 31087 |
| school for that week and specify an alternate week for certifying | 31088 |
| the formula ADM of that school. | 31089 |
| The formula ADM, except as otherwise provided in this | 31090 |
| division, shall consist of the average daily membership during | 31091 |
| such week, on an FTE basis, of the number of students receiving | 31092 |
| any educational services from the district, including students | 31093 |
| enrolled in a community school established under Chapter 3314. of | 31094 |
| the Revised Code who are attending the joint vocational district | 31095 |
| under an agreement between the district board of education and the | 31096 |
| governing authority of the community school and are entitled to | 31097 |
| attend school in a city, local, or exempted village school | 31098 |
| district whose territory is part of the territory of the joint | 31099 |
| vocational district. In the case of the report submitted for the | 31100 |
| third week in February, or the alternative week if specified by | 31101 |
| the superintendent of public instruction, the superintendent of | 31102 |
| the joint vocational school district may include the number of | 31103 |
| students reported under division (D)(1) of this section for the | 31104 |
| first full week of the preceding October but who since that week | 31105 |
| have received high school diplomas. | 31106 |
| The following categories of students shall not be included in | 31107 |
| the determination made under division (D)(1) of this section: | 31108 |
| (a) Students enrolled in adult education classes; | 31109 |
| (b) Adjacent or other district joint vocational students | 31110 |
| enrolled in the district under an open enrollment policy pursuant | 31111 |
| to section 3313.98 of the Revised Code; | 31112 |
| (c) Students receiving services in the district pursuant to a | 31113 |
| compact, cooperative education agreement, or a contract, but who | 31114 |
| are entitled to attend school in a city, local, or exempted | 31115 |
| village school district whose territory is not part of the | 31116 |
| territory of the joint vocational district; | 31117 |
| (d) Students for whom tuition is payable pursuant to sections | 31118 |
| 3317.081 and 3323.141 of the Revised Code. | 31119 |
| (2) To enable the department of education to obtain the data | 31120 |
| needed to complete the calculation of payments pursuant to this | 31121 |
| chapter, in addition to the formula ADM, each superintendent shall | 31122 |
| report separately the average daily membership included in the | 31123 |
| report under division (D)(1) of this section for each of the | 31124 |
| following categories of students for the same week for which | 31125 |
| formula ADM is certified: | 31126 |
| (a) Students enrolled in each grade included in the joint | 31127 |
| vocational district schools; | 31128 |
| (b) Handicapped children receiving special education services | 31129 |
| for the category one handicap described in division (A) of section | 31130 |
| 3317.013 of the Revised Code; | 31131 |
| (c) Handicapped children receiving special education services | 31132 |
| for the category two handicaps described in division (B) of | 31133 |
| section 3317.013 of the Revised Code; | 31134 |
| (d) Handicapped children receiving special education services | 31135 |
| for category three handicaps described in division (C) of section | 31136 |
| 3317.013 of the Revised Code; | 31137 |
| (e) Handicapped children receiving special education services | 31138 |
| for category four handicaps described in division (D) of section | 31139 |
| 3317.013 of the Revised Code; | 31140 |
| (f) Handicapped children receiving special education services | 31141 |
| for the category five handicap described in division (E) of | 31142 |
| section 3317.013 of the Revised Code; | 31143 |
| (g) Handicapped children receiving special education services | 31144 |
| for category six handicaps described in division (F) of section | 31145 |
| 3317.013 of the Revised Code; | 31146 |
| (h) Students receiving category one vocational education | 31147 |
| services, described in division (A) of section 3317.014 of the | 31148 |
| Revised Code; | 31149 |
| (i) Students receiving category two vocational education | 31150 |
| services, described in division (B) of section 3317.014 of the | 31151 |
| Revised Code. | 31152 |
| The superintendent of each joint vocational school district | 31153 |
| shall also indicate the city, local, or exempted village school | 31154 |
| district in which each joint vocational district pupil is entitled | 31155 |
| to attend school pursuant to section 3313.64 or 3313.65 of the | 31156 |
| Revised Code. | 31157 |
| (E) In each school of each city, local, exempted village, | 31158 |
| joint vocational, and cooperative education school district there | 31159 |
| shall be maintained a record of school membership, which record | 31160 |
| shall accurately show, for each day the school is in session, the | 31161 |
| actual membership enrolled in regular day classes. For the purpose | 31162 |
| of determining average daily membership, the membership figure of | 31163 |
| any school shall not include any pupils except those pupils | 31164 |
| described by division (A) of this section. The record of | 31165 |
| membership for each school shall be maintained in such manner that | 31166 |
| no pupil shall be counted as in membership prior to the actual | 31167 |
| date of entry in the school and also in such manner that where for | 31168 |
| any cause a pupil permanently withdraws from the school that pupil | 31169 |
| shall not be counted as in membership from and after the date of | 31170 |
| such withdrawal. There shall not be included in the membership of | 31171 |
| any school any of the following: | 31172 |
| (1) Any pupil who has graduated from the twelfth grade of a | 31173 |
| public high school; | 31174 |
| (2) Any pupil who is not a resident of the state; | 31175 |
| (3) Any pupil who was enrolled in the schools of the district | 31176 |
| during the previous school year when tests were administered under | 31177 |
| section 3301.0711 of the Revised Code but did not take one or more | 31178 |
| of the tests required by that section and was not excused pursuant | 31179 |
| to division (C)(1) or (3) of that section; | 31180 |
| (4) Any pupil who has attained the age of twenty-two years, | 31181 |
| except for veterans of the armed services whose attendance was | 31182 |
| interrupted before completing the recognized twelve-year course of | 31183 |
| the public schools by reason of induction or enlistment in the | 31184 |
| armed forces and who apply for reenrollment in the public school | 31185 |
| system of their residence not later than four years after | 31186 |
| termination of war or their honorable discharge. | 31187 |
| If, however, any veteran described by division (E)(4) of this | 31188 |
| section elects to enroll in special courses organized for veterans | 31189 |
| for whom tuition is paid under the provisions of federal laws, or | 31190 |
| otherwise, that veteran shall not be included in average daily | 31191 |
| membership. | 31192 |
| Notwithstanding division (E)(3) of this section, the | 31193 |
| membership of any school may include a pupil who did not take a | 31194 |
| test required by section 3301.0711 of the Revised Code if the | 31195 |
| superintendent of public instruction grants a waiver from the | 31196 |
| requirement to take the test to the specific pupil. The | 31197 |
| superintendent may grant such a waiver only for good cause in | 31198 |
| accordance with rules adopted by the state board of education. | 31199 |
| Except as provided in divisions (B)(2) and (F) of this | 31200 |
| section, the average daily membership figure of any local, city, | 31201 |
| exempted village, or joint vocational school district shall be | 31202 |
| determined by dividing the figure representing the sum of the | 31203 |
| number of pupils enrolled during each day the school of attendance | 31204 |
|
is
actually open for
instruction during the | 31205 |
| 31206 | |
| total number of days the school was actually open for instruction | 31207 |
| during that week. For purposes of state funding, "enrolled" | 31208 |
| persons are only those pupils who are attending school, those who | 31209 |
| have attended school during the current school year and are absent | 31210 |
| for authorized reasons, and those handicapped children currently | 31211 |
| receiving home instruction. | 31212 |
| The average daily membership figure of any cooperative | 31213 |
| education school district shall be determined in accordance with | 31214 |
| rules adopted by the state board of education. | 31215 |
| (F)(1) If the formula ADM for the first full school week in | 31216 |
| February is at least three per cent greater than that certified | 31217 |
| for the first full school week in the preceding October, the | 31218 |
| superintendent of schools of any city, exempted village, or joint | 31219 |
| vocational school district or educational service center shall | 31220 |
| certify such increase to the superintendent of public instruction. | 31221 |
| Such certification shall be submitted no later than the fifteenth | 31222 |
| day of February. For the balance of the fiscal year, beginning | 31223 |
| with the February payments, the superintendent of public | 31224 |
| instruction shall use the increased formula ADM in calculating or | 31225 |
| recalculating the amounts to be allocated in accordance with | 31226 |
| section 3317.022 or 3317.16 of the Revised Code. In no event shall | 31227 |
| the superintendent use an increased membership certified to the | 31228 |
| superintendent after the fifteenth day of February. Division | 31229 |
| (F)(1) of this section does not apply after fiscal year 2005. | 31230 |
| (2) If on the first school day of April the total number of | 31231 |
| classes or units for handicapped preschool children that are | 31232 |
| eligible for approval under division (B) of section 3317.05 of the | 31233 |
| Revised Code exceeds the number of units that have been approved | 31234 |
| for the year under that division, the superintendent of schools of | 31235 |
| any city, exempted village, or cooperative education school | 31236 |
| district or educational service center shall make the | 31237 |
| certifications required by this section for that day. If the | 31238 |
| department determines additional units can be approved for the | 31239 |
| fiscal year within any limitations set forth in the acts | 31240 |
| appropriating moneys for the funding of such units, the department | 31241 |
| shall approve additional units for the fiscal year on the basis of | 31242 |
| such average daily membership. For each unit so approved, the | 31243 |
| department shall pay an amount computed in the manner prescribed | 31244 |
| in section 3317.052 or 3317.19 and section 3317.053 of the Revised | 31245 |
| Code. | 31246 |
| (3) If a student attending a community school under Chapter | 31247 |
| 3314. of the Revised Code is not included in the formula ADM | 31248 |
|
certified | 31249 |
| district in which the student is entitled to attend school under | 31250 |
| section 3313.64 or 3313.65 of the Revised Code, the department of | 31251 |
| education shall adjust the formula ADM of that school district to | 31252 |
| include the community school student in accordance with division | 31253 |
| (C)(2) of this section, and shall recalculate the school | 31254 |
| district's payments under this chapter for the entire fiscal year | 31255 |
| on the basis of that adjusted formula ADM. This requirement | 31256 |
| applies regardless of whether the student was enrolled, as defined | 31257 |
| in division (E) of this section, in the community school during | 31258 |
| the first full school week in October. | 31259 |
| (G)(1)(a) The superintendent of an institution operating a | 31260 |
| special education program pursuant to section 3323.091 of the | 31261 |
| Revised Code shall, for the programs under such superintendent's | 31262 |
|
supervision,
certify to the state board of education | 31263 |
| manner prescribed by the superintendent of public instruction, | 31264 |
| both of the following: | 31265 |
| (i) The average daily membership of all handicapped children | 31266 |
| other than handicapped preschool children receiving services at | 31267 |
| the institution for each category of handicap described in | 31268 |
| divisions (A) to (F) of section 3317.013 of the Revised Code; | 31269 |
| (ii) The average daily membership of all handicapped | 31270 |
| preschool children in classes or programs approved annually by the | 31271 |
| department of education | 31272 |
| 31273 | |
| section 3317.05 of the Revised Code. | 31274 |
| (b) The superintendent of an institution with vocational | 31275 |
| education units approved under division (A) of section 3317.05 of | 31276 |
| the Revised Code shall, for the units under the superintendent's | 31277 |
| supervision, certify to the state board of education the average | 31278 |
| daily membership in those units, in the manner prescribed by the | 31279 |
| superintendent of public instruction. | 31280 |
| (2) The superintendent of each county MR/DD board that | 31281 |
| maintains special education classes under section 3317.20 of the | 31282 |
| Revised Code or units approved pursuant to section 3317.05 of the | 31283 |
| Revised Code shall do both of the following: | 31284 |
| (a) Certify to the state board, in the manner prescribed by | 31285 |
| the board, the average daily membership in classes under section | 31286 |
| 3317.20 of the Revised Code for each school district that has | 31287 |
| placed children in the classes; | 31288 |
| (b) Certify to the state board, in the manner prescribed by | 31289 |
| the board, the number of all handicapped preschool children | 31290 |
| enrolled as of the first day of December in classes eligible for | 31291 |
| approval under division (B) of section 3317.05 of the Revised | 31292 |
| Code, and the number of those classes. | 31293 |
| (3)(a) If on the first school day of April the number of | 31294 |
| classes or units maintained for handicapped preschool children by | 31295 |
| the county MR/DD board that are eligible for approval under | 31296 |
| division (B) of section 3317.05 of the Revised Code is greater | 31297 |
| than the number of units approved for the year under that | 31298 |
| division, the superintendent shall make the certification required | 31299 |
| by this section for that day. | 31300 |
| (b) If the department determines that additional classes or | 31301 |
| units can be approved for the fiscal year within any limitations | 31302 |
| set forth in the acts appropriating moneys for the funding of the | 31303 |
| classes and units described in division (G)(3)(a) of this section, | 31304 |
| the department shall approve and fund additional units for the | 31305 |
| fiscal year on the basis of such average daily membership. For | 31306 |
| each unit so approved, the department shall pay an amount computed | 31307 |
| in the manner prescribed in sections 3317.052 and 3317.053 of the | 31308 |
| Revised Code. | 31309 |
| (H) Except as provided in division (I) of this section, when | 31310 |
| any city, local, or exempted village school district provides | 31311 |
| instruction for a nonresident pupil whose attendance is | 31312 |
| unauthorized attendance as defined in section 3327.06 of the | 31313 |
| Revised Code, that pupil's membership shall not be included in | 31314 |
| that district's membership figure used in the calculation of that | 31315 |
| district's formula ADM or included in the determination of any | 31316 |
| unit approved for the district under section 3317.05 of the | 31317 |
| Revised Code. The reporting official shall report separately the | 31318 |
| average daily membership of all pupils whose attendance in the | 31319 |
| district is unauthorized attendance, and the membership of each | 31320 |
| such pupil shall be credited to the school district in which the | 31321 |
| pupil is entitled to attend school under division (B) of section | 31322 |
| 3313.64 or section 3313.65 of the Revised Code as determined by | 31323 |
| the department of education. | 31324 |
| (I)(1) A city, local, exempted village, or joint vocational | 31325 |
| school district admitting a scholarship student of a pilot project | 31326 |
| district pursuant to division (C) of section 3313.976 of the | 31327 |
| Revised Code may count such student in its average daily | 31328 |
| membership. | 31329 |
| (2) In any year for which funds are appropriated for pilot | 31330 |
| project scholarship programs, a school district implementing a | 31331 |
| state-sponsored pilot project scholarship program that year | 31332 |
| pursuant to sections 3313.974 to 3313.979 of the Revised Code may | 31333 |
| count in average daily membership: | 31334 |
| (a) All children residing in the district and utilizing a | 31335 |
| scholarship to attend kindergarten in any alternative school, as | 31336 |
| defined in section 3313.974 of the Revised Code; | 31337 |
| (b) All children who were enrolled in the district in the | 31338 |
| preceding year who are utilizing a scholarship to attend any such | 31339 |
| alternative school. | 31340 |
| (J) The superintendent of each cooperative education school | 31341 |
| district shall certify to the superintendent of public | 31342 |
| instruction, in a manner prescribed by the state board of | 31343 |
| education, the applicable average daily memberships for all | 31344 |
| students in the cooperative education district, also indicating | 31345 |
| the city, local, or exempted village district where each pupil is | 31346 |
| entitled to attend school under section 3313.64 or 3313.65 of the | 31347 |
| Revised Code. | 31348 |
| Sec. 3317.031. A membership record shall be kept by grade | 31349 |
| level in each city, local, exempted village, joint vocational, and | 31350 |
| cooperative education school district and such a record shall be | 31351 |
| kept by grade level in each educational service center that | 31352 |
| provides academic instruction to pupils, classes for handicapped | 31353 |
| pupils, or any other direct instructional services to pupils. Such | 31354 |
| membership record shall show the following information for each | 31355 |
| pupil enrolled: Name, date of birth, name of parent, date entered | 31356 |
| school, date withdrawn from school, days present, days absent, and | 31357 |
| the number of days school was open for instruction while the pupil | 31358 |
| was enrolled. At the end of the school year this membership record | 31359 |
| shall show the total days present, the total days absent, and the | 31360 |
| total days due for all pupils in each grade. Such membership | 31361 |
| record shall show the pupils that are transported to and from | 31362 |
| school and it shall also show the pupils that are transported | 31363 |
| living within one mile of the school attended. This membership | 31364 |
| record shall also show any other information prescribed by the | 31365 |
| state board of education. | 31366 |
| This membership record shall be kept intact for at least five | 31367 |
| years and shall be made available to the state board of education | 31368 |
| or its representative in making an audit of the average daily | 31369 |
| membership or the transportation of the district or educational | 31370 |
| service center. The membership records of local school districts | 31371 |
| shall be filed at the close of each school year in the office of | 31372 |
| the educational service center superintendent. | 31373 |
| The state board of education may withhold any money due any | 31374 |
| school district or educational service center under sections | 31375 |
| 3317.022
to | 31376 |
| 3317.19 of the Revised Code until it has satisfactory evidence | 31377 |
| that the board of education or educational service center | 31378 |
| governing board has fully complied with all of the provisions of | 31379 |
| this section. | 31380 |
| Nothing in this section shall require any person to release, | 31381 |
| or to permit access to, public school records in violation of | 31382 |
| section 3319.321 of the Revised Code. | 31383 |
| Sec. 3317.035. The auditor of state may conduct annual audits | 31384 |
| of the information certified under section 3317.03 of the Revised | 31385 |
| Code by a number of school districts determined by the auditor of | 31386 |
| state and selected at random. | 31387 |
| Sec. 3317.05. (A) For the purpose of calculating payments | 31388 |
| under sections 3317.052 and 3317.053 of the Revised Code, the | 31389 |
| department of education shall determine for each institution, by | 31390 |
| the last day of January of each year and based on information | 31391 |
| certified under section 3317.03 of the Revised Code, the number of | 31392 |
| vocational education units or fractions of units approved by the | 31393 |
| department on the basis of standards and rules adopted by the | 31394 |
| state board of education. As used in this division, "institution" | 31395 |
| means an institution operated by a department specified in section | 31396 |
| 3323.091 of the Revised Code and that provides vocational | 31397 |
| education programs under the supervision of the division of | 31398 |
| vocational education of the department that meet the standards and | 31399 |
| rules for these programs, including licensure of professional | 31400 |
| staff involved in the programs, as established by the state board. | 31401 |
| (B) For the purpose of calculating payments under sections | 31402 |
| 3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the | 31403 |
| department shall determine, based on information certified under | 31404 |
| section 3317.03 of the Revised Code, the following by the last day | 31405 |
| of January of each year for each educational service center, for | 31406 |
| each school district, including each cooperative education school | 31407 |
| district, for each institution eligible for payment under section | 31408 |
| 3323.091 of the Revised Code, and for each county MR/DD board: the | 31409 |
| number of classes operated by the school district, service center, | 31410 |
| institution, or county MR/DD board for handicapped preschool | 31411 |
| children, or fraction thereof, including in the case of a district | 31412 |
| or service center that is a funding agent, classes taught by a | 31413 |
| licensed teacher employed by that district or service center under | 31414 |
| section 3313.841 of the Revised Code, approved annually by the | 31415 |
| department on the basis of standards and rules adopted by the | 31416 |
| state board. | 31417 |
| (C) For the purpose of calculating payments under sections | 31418 |
| 3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the | 31419 |
| department shall determine, based on information certified under | 31420 |
| section 3317.03 of the Revised Code, the following by the last day | 31421 |
| of January of each year for each school district, including each | 31422 |
| cooperative education school district, for each institution | 31423 |
| eligible for payment under section 3323.091 of the Revised Code, | 31424 |
| and for each county MR/DD board: the number of preschool | 31425 |
|
handicapped | 31426 |
| 31427 | |
| 31428 | |
| as defined in section 3323.01 of the Revised Code, approved | 31429 |
| annually by the department on the basis of standards and rules | 31430 |
| adopted by the state board. | 31431 |
| (D) | 31432 |
| 31433 | |
| 31434 | |
| 31435 | |
| 31436 | |
| 31437 |
| | 31438 |
| 31439 | |
| 31440 | |
| 31441 |
| | 31442 |
| 31443 | |
| 31444 | |
| 31445 | |
| 31446 | |
| 31447 |
| | 31448 |
| section shall be carried to the second decimal place. The total | 31449 |
| number of units for school districts, service centers, and | 31450 |
| institutions approved annually under this section shall not exceed | 31451 |
| the number of units included in the estimate of cost for these | 31452 |
| units and appropriations made for them by the general assembly. | 31453 |
| | 31454 |
| 31455 | |
| 31456 | |
| 31457 | |
| 31458 | |
| 31459 | |
| 31460 | |
| 31461 | |
| 31462 | |
| case of handicapped preschool units described in division (B) of | 31463 |
| this section, the department shall approve only preschool units | 31464 |
| for children who are under age six on the thirtieth day of | 31465 |
| September of the academic year, or on the first day of August of | 31466 |
| the academic year if the school district in which the child is | 31467 |
| enrolled has adopted a resolution under division (A)(3) of section | 31468 |
| 3321.01 of the Revised Code, but not less than age three on the | 31469 |
| first day of December of the academic year, except that such a | 31470 |
| unit may include one or more children who are under age three or | 31471 |
| are age
six or over on the | 31472 |
| as reported under division (B)(2) or (G)(2)(b) of section 3317.03 | 31473 |
| of the Revised Code, if such children have been admitted to the | 31474 |
| unit pursuant to rules of the state board. The number of units for | 31475 |
| county MR/DD boards and institutions eligible for payment under | 31476 |
| section 3323.091 of the Revised Code approved under this section | 31477 |
| shall not exceed the number that can be funded with appropriations | 31478 |
| made for such purposes by the general assembly. | 31479 |
| No unit shall be approved under divisions (B)
| 31480 |
| of this section unless a plan has been submitted and approved | 31481 |
| under Chapter 3323. of the Revised Code. | 31482 |
| | 31483 |
| thereof for gifted children on the basis of standards and rules | 31484 |
| adopted by the state board. | 31485 |
| Sec. 3317.052. As used in this section, "institution" means | 31486 |
| an institution operated by a department specified in division (A) | 31487 |
| of section 3323.091 of the Revised Code. | 31488 |
| (A)(1) The department of education shall pay each school | 31489 |
| district, educational service center, institution eligible for | 31490 |
| payment under section 3323.091 of the Revised Code, or county | 31491 |
| MR/DD board an amount for the total of all classroom units for | 31492 |
| handicapped preschool children approved under division (B) of | 31493 |
| section 3317.05 of the Revised Code. For each unit, the amount | 31494 |
| shall be the sum of the minimum salary for the teacher of the | 31495 |
| unit, calculated on the basis of the teacher's training level and | 31496 |
| years of experience pursuant to the salary schedule prescribed in | 31497 |
| the version of section 3317.13 of the Revised Code in effect prior | 31498 |
|
to
| 31499 |
| per cent of that minimum salary amount, and eight thousand | 31500 |
| twenty-three dollars. | 31501 |
| (2) The department shall pay each school district, | 31502 |
| educational service center, institution eligible for payment under | 31503 |
| section 3323.091 of the Revised Code, or county MR/DD board an | 31504 |
| amount for the total of all related services units for handicapped | 31505 |
| preschool children approved under division (C) of section 3317.05 | 31506 |
| of the Revised Code. For each such unit, the amount shall be the | 31507 |
| sum of the minimum salary for the teacher of the unit calculated | 31508 |
| on the basis of the teacher's training level and years of | 31509 |
| experience pursuant to the salary schedule prescribed in the | 31510 |
| version of section 3317.13 of the Revised Code in effect prior to | 31511 |
| 31512 | |
| cent of that minimum salary amount, and two thousand one hundred | 31513 |
| thirty-two dollars. | 31514 |
| (B) If a school district, educational service center, or | 31515 |
| county MR/DD board has had additional handicapped preschool units | 31516 |
| approved for the year under division (F)(2) or (G)(3) of section | 31517 |
| 3317.03 of the Revised Code, the district, educational service | 31518 |
| center, or board shall receive an additional amount during the | 31519 |
| last half of the fiscal year. For each district, center, or board, | 31520 |
| the additional amount for each unit shall equal fifty per cent of | 31521 |
| the amounts computed for the unit in the manner prescribed by | 31522 |
| division (A) of this section and division (C) of section 3317.053 | 31523 |
| of the Revised Code. | 31524 |
| (C) | 31525 |
| 31526 | |
| 31527 | |
| 31528 | |
| 31529 | |
| 31530 | |
| 31531 | |
| 31532 | |
| 31533 | |
| 31534 | |
| 31535 |
| | 31536 |
| 31537 | |
| 31538 | |
| 31539 | |
| 31540 | |
| 31541 | |
| 31542 | |
| 31543 | |
| 31544 | |
| 31545 | |
| 31546 |
| | 31547 |
| vocational education units under division (A) of section 3317.05 | 31548 |
| of the Revised Code an amount for the total of all the units | 31549 |
| approved under that division. The amount for each unit shall be | 31550 |
| the sum of the minimum salary for the teacher of the unit, | 31551 |
| calculated on the basis of the teacher's training level and years | 31552 |
| of experience pursuant to the salary schedule prescribed in the | 31553 |
| version of section 3317.13 of the Revised Code in effect prior to | 31554 |
| 31555 | |
| per cent of that minimum salary amount, and nine thousand five | 31556 |
| hundred ten dollars. Each institution that receives units funds | 31557 |
| under this division annually shall report to the department on the | 31558 |
| delivery of services and the performance of students and any other | 31559 |
| information required by the department to evaluate the | 31560 |
| institution's vocational education program. | 31561 |
| Sec. 3317.053. (A) As used in this section: | 31562 |
| (1) "State share percentage" has the same meaning as in | 31563 |
| section 3317.022 of the Revised Code. | 31564 |
| (2) "Dollar amount" means the amount shown in the following | 31565 |
| table for the corresponding type of unit: | 31566 |
| TYPE OF UNIT | DOLLAR AMOUNT | 31567 | |||
| Division (B) of section 3317.05 | 31568 | ||||
| of the Revised Code | $8,334 | 31569 | |||
| Division (C) of that section | $3,234 | 31570 | |||
| Division |
$5,550 | 31571 |
| (3) "Average unit amount" means the amount shown in the | 31572 |
| following table for the corresponding type of unit: | 31573 |
| 31574 | |||||
| TYPE OF UNIT | AVERAGE UNIT AMOUNT | 31575 | |||
| Division (B) of section 3317.05 | 31576 | ||||
| of the Revised Code | $7,799 | 31577 | |||
| Division (C) of that section | $2,966 | 31578 | |||
| Division |
$5,251 | 31579 |
| (B) In the case of each unit described in division (B), (C), | 31580 |
|
or | 31581 |
| a city, local, or exempted village school district, the department | 31582 |
| of education, in addition to the amounts specified in division (P) | 31583 |
| of section 3317.024 and sections 3317.052 and 3317.19 of the | 31584 |
| Revised Code, shall pay a supplemental unit allowance equal to the | 31585 |
| sum of the following amounts: | 31586 |
| (1) An amount equal to 50% of the average unit amount for the | 31587 |
| unit; | 31588 |
| (2) An amount equal to the percentage of the dollar amount | 31589 |
| for the unit that equals the district's state share percentage. | 31590 |
| If, prior to the fifteenth day of May of a fiscal year, a | 31591 |
| school district's aid computed under section 3317.022 of the | 31592 |
| Revised Code is recomputed pursuant to section 3317.027 or | 31593 |
| 3317.028 of the Revised Code, the department shall also recompute | 31594 |
| the district's entitlement to payment under this section utilizing | 31595 |
| a new state share percentage. Such new state share percentage | 31596 |
| shall be determined using the district's recomputed basic aid | 31597 |
| amount pursuant to section 3317.027 or 3317.028 of the Revised | 31598 |
| Code. During the last six months of the fiscal year, the | 31599 |
| department shall pay the district a sum equal to one-half of the | 31600 |
| recomputed payment in lieu of one-half the payment otherwise | 31601 |
| calculated under this section. | 31602 |
| (C)(1) In the case of each unit allocated to an institution | 31603 |
| pursuant to division (A) of section 3317.05 of the Revised Code, | 31604 |
| the department, in addition to the amount specified in section | 31605 |
| 3317.052 of the Revised Code, shall pay a supplemental unit | 31606 |
| allowance of $7,227. | 31607 |
| (2) In the case of each unit described in division (B) | 31608 |
| 31609 | |
| any entity other than a city, exempted village, or local school | 31610 |
| district, the department, in addition to the amount specified in | 31611 |
| section 3317.052 of the Revised Code, shall pay a supplemental | 31612 |
| unit allowance of $7,799. | 31613 |
| (3) In the case of each unit described in division (C)
| 31614 |
| 31615 | |
| entity other than a city, exempted village, or local school | 31616 |
| district, the department, in addition to the amounts specified in | 31617 |
| section 3317.052 of the Revised Code, shall pay a supplemental | 31618 |
| unit allowance of $2,966. | 31619 |
| (4) In the case of each unit described in division | 31620 |
| section 3317.05 of the Revised Code and allocated to an | 31621 |
| educational service center, the department, in addition to the | 31622 |
| amounts specified in division (P) of section 3317.024 of the | 31623 |
| Revised Code, shall pay a supplemental unit allowance of $5,251. | 31624 |
| Sec. 3317.06. Moneys paid to school districts under division | 31625 |
| (L) of section 3317.024 of the Revised Code shall be used for the | 31626 |
| following independent and fully severable purposes: | 31627 |
| (A) To purchase such secular textbooks or electronic | 31628 |
| textbooks as have been approved by the superintendent of public | 31629 |
| instruction for use in public schools in the state and to loan | 31630 |
| such textbooks or electronic textbooks to pupils attending | 31631 |
| nonpublic schools within the district or to their parents and to | 31632 |
| hire clerical personnel to administer such lending program. Such | 31633 |
| loans shall be based upon individual requests submitted by such | 31634 |
| nonpublic school pupils or parents. Such requests shall be | 31635 |
| submitted to the school district in which the nonpublic school is | 31636 |
| located. Such individual requests for the loan of textbooks or | 31637 |
| electronic textbooks shall, for administrative convenience, be | 31638 |
| submitted by the nonpublic school pupil or the pupil's parent to | 31639 |
| the nonpublic school, which shall prepare and submit collective | 31640 |
| summaries of the individual requests to the school district. As | 31641 |
| used in this section: | 31642 |
| (1) "Textbook" means any book or book substitute that a pupil | 31643 |
| uses as a consumable or nonconsumable text, text substitute, or | 31644 |
| text supplement in a particular class or program in the school the | 31645 |
| pupil regularly attends. | 31646 |
| (2) "Electronic textbook" means computer software, | 31647 |
| interactive videodisc, magnetic media, CD-ROM, computer | 31648 |
| courseware, local and remote computer assisted instruction, | 31649 |
| on-line service, electronic medium, or other means of conveying | 31650 |
| information to the student or otherwise contributing to the | 31651 |
| learning process through electronic means. | 31652 |
| (B) To provide speech and hearing diagnostic services to | 31653 |
| pupils attending nonpublic schools within the district. Such | 31654 |
| service shall be provided in the nonpublic school attended by the | 31655 |
| pupil receiving the service. | 31656 |
| (C) To provide physician, nursing, dental, and optometric | 31657 |
| services to pupils attending nonpublic schools within the | 31658 |
| district. Such services shall be provided in the school attended | 31659 |
| by the nonpublic school pupil receiving the service. | 31660 |
| (D) To provide diagnostic psychological services to pupils | 31661 |
| attending nonpublic schools within the district. Such services | 31662 |
| shall be provided in the school attended by the pupil receiving | 31663 |
| the service. | 31664 |
| (E) To provide therapeutic psychological and speech and | 31665 |
| hearing services to pupils attending nonpublic schools within the | 31666 |
| district. Such services shall be provided in the public school, in | 31667 |
| nonpublic schools, in public centers, or in mobile units located | 31668 |
| on or off of the nonpublic premises. If such services are provided | 31669 |
| in the public school or in public centers, transportation to and | 31670 |
| from such facilities shall be provided by the school district in | 31671 |
| which the nonpublic school is located. | 31672 |
| (F) To provide guidance and counseling services to pupils | 31673 |
| attending nonpublic schools within the district. Such services | 31674 |
| shall be provided in the public school, in nonpublic schools, in | 31675 |
| public centers, or in mobile units located on or off of the | 31676 |
| nonpublic premises. If such services are provided in the public | 31677 |
| school or in public centers, transportation to and from such | 31678 |
| facilities shall be provided by the school district in which the | 31679 |
| nonpublic school is located. | 31680 |
| (G) To provide remedial services to pupils attending | 31681 |
| nonpublic schools within the district. Such services shall be | 31682 |
| provided in the public school, in nonpublic schools, in public | 31683 |
| centers, or in mobile units located on or off of the nonpublic | 31684 |
| premises. If such services are provided in the public school or in | 31685 |
| public centers, transportation to and from such facilities shall | 31686 |
| be provided by the school district in which the nonpublic school | 31687 |
| is located. | 31688 |
| (H) To supply for use by pupils attending nonpublic schools | 31689 |
| within the district such standardized tests and scoring services | 31690 |
| as are in use in the public schools of the state; | 31691 |
| (I) To provide programs for children who attend nonpublic | 31692 |
| schools within the district and are handicapped children as | 31693 |
| defined in division (A) of section 3323.01 of the Revised Code or | 31694 |
| gifted children. Such programs shall be provided in the public | 31695 |
| school, in nonpublic schools, in public centers, or in mobile | 31696 |
| units located on or off of the nonpublic premises. If such | 31697 |
| programs are provided in the public school or in public centers, | 31698 |
| transportation to and from such facilities shall be provided by | 31699 |
| the school district in which the nonpublic school is located. | 31700 |
| (J) To hire clerical personnel to assist in the | 31701 |
| administration of programs pursuant to divisions (B), (C), (D), | 31702 |
| (E), (F), (G), and (I) of this section and to hire supervisory | 31703 |
| personnel to supervise the providing of services and textbooks | 31704 |
| pursuant to this section. | 31705 |
| (K) To purchase or lease any secular, neutral, and | 31706 |
| nonideological computer software (including site-licensing), | 31707 |
| prerecorded video laserdiscs, digital video on demand (DVD), | 31708 |
| compact discs, and video cassette cartridges, wide area | 31709 |
| connectivity and related technology as it relates to internet | 31710 |
| access, mathematics or science equipment and materials, | 31711 |
| instructional materials, and school library materials that are in | 31712 |
| general use in the public schools of the state and loan such items | 31713 |
| to pupils attending nonpublic schools within the district or to | 31714 |
| their parents, and to hire clerical personnel to administer the | 31715 |
| lending program. Only such items that are incapable of diversion | 31716 |
| to religious use and that are susceptible of loan to individual | 31717 |
| pupils and are furnished for the use of individual pupils shall be | 31718 |
| purchased and loaned under this division. As used in this section, | 31719 |
| "instructional materials" means prepared learning materials that | 31720 |
| are secular, neutral, and nonideological in character and are of | 31721 |
| benefit to the instruction of school children, and may include | 31722 |
| educational resources and services developed by the eTech Ohio | 31723 |
| 31724 |
| (L) To purchase or lease instructional equipment, including | 31725 |
| computer hardware and related equipment in general use in the | 31726 |
| public schools of the state, for use by pupils attending nonpublic | 31727 |
| schools within the district and to loan such items to pupils | 31728 |
| attending nonpublic schools within the district or to their | 31729 |
| parents, and to hire clerical personnel to administer the lending | 31730 |
| program. | 31731 |
| (M) To purchase mobile units to be used for the provision of | 31732 |
| services pursuant to divisions (E), (F), (G), and (I) of this | 31733 |
| section and to pay for necessary repairs and operating costs | 31734 |
| associated with these units. | 31735 |
| Clerical and supervisory personnel hired pursuant to division | 31736 |
| (J) of this section shall perform their services in the public | 31737 |
| schools, in nonpublic schools, public centers, or mobile units | 31738 |
| where the services are provided to the nonpublic school pupil, | 31739 |
| except that such personnel may accompany pupils to and from the | 31740 |
| service sites when necessary to ensure the safety of the children | 31741 |
| receiving the services. | 31742 |
| All services provided pursuant to this section may be | 31743 |
| provided under contract with educational service centers, the | 31744 |
| department of health, city or general health districts, or private | 31745 |
| agencies whose personnel are properly licensed by an appropriate | 31746 |
| state board or agency. | 31747 |
| Transportation of pupils provided pursuant to divisions (E), | 31748 |
| (F), (G), and (I) of this section shall be provided by the school | 31749 |
| district from its general funds and not from moneys paid to it | 31750 |
| under division (L) of section 3317.024 of the Revised Code unless | 31751 |
| a special transportation request is submitted by the parent of the | 31752 |
| child receiving service pursuant to such divisions. If such an | 31753 |
| application is presented to the school district, it may pay for | 31754 |
| the transportation from moneys paid to it under division (L) of | 31755 |
| section 3317.024 of the Revised Code. | 31756 |
| No school district shall provide health or remedial services | 31757 |
| to nonpublic school pupils as authorized by this section unless | 31758 |
| such services are available to pupils attending the public schools | 31759 |
| within the district. | 31760 |
| Materials, equipment, computer hardware or software, | 31761 |
| textbooks, electronic textbooks, and health and remedial services | 31762 |
| provided for the benefit of nonpublic school pupils pursuant to | 31763 |
| this section and the admission of pupils to such nonpublic schools | 31764 |
| shall be provided without distinction as to race, creed, color, or | 31765 |
| national origin of such pupils or of their teachers. | 31766 |
| No school district shall provide services, materials, or | 31767 |
| equipment that contain religious content for use in religious | 31768 |
| courses, devotional exercises, religious training, or any other | 31769 |
| religious activity. | 31770 |
| As used in this section, "parent" includes a person standing | 31771 |
| in loco parentis to a child. | 31772 |
| Notwithstanding section 3317.01 of the Revised Code, payments | 31773 |
| shall be made under this section to any city, local, or exempted | 31774 |
| village school district within which is located one or more | 31775 |
| nonpublic elementary or high schools and any payments made to | 31776 |
| school districts under division (L) of section 3317.024 of the | 31777 |
| Revised Code for purposes of this section may be disbursed without | 31778 |
| submission to and approval of the controlling board. | 31779 |
| The allocation of payments for materials, equipment, | 31780 |
| textbooks, electronic textbooks, health services, and remedial | 31781 |
| services to city, local, and exempted village school districts | 31782 |
| shall be on the basis of the state board of education's estimated | 31783 |
| annual average daily membership in nonpublic elementary and high | 31784 |
| schools located in the district. | 31785 |
| Payments made to city, local, and exempted village school | 31786 |
| districts under this section shall be equal to specific | 31787 |
| appropriations made for the purpose. All interest earned by a | 31788 |
| school district on such payments shall be used by the district for | 31789 |
| the same purposes and in the same manner as the payments may be | 31790 |
| used. | 31791 |
| The department of education shall adopt guidelines and | 31792 |
| procedures under which such programs and services shall be | 31793 |
| provided, under which districts shall be reimbursed for | 31794 |
| administrative costs incurred in providing such programs and | 31795 |
| services, and under which any unexpended balance of the amounts | 31796 |
| appropriated by the general assembly to implement this section may | 31797 |
| be transferred to the auxiliary services personnel unemployment | 31798 |
| compensation fund established pursuant to section 4141.47 of the | 31799 |
| Revised Code. The department shall also adopt guidelines and | 31800 |
| procedures limiting the purchase and loan of the items described | 31801 |
| in division (K) of this section to items that are in general use | 31802 |
| in the public schools of the state, that are incapable of | 31803 |
| diversion to religious use, and that are susceptible to individual | 31804 |
| use rather than classroom use. Within thirty days after the end of | 31805 |
| each biennium, each board of education shall remit to the | 31806 |
| department all moneys paid to it under division (L) of section | 31807 |
| 3317.024 of the Revised Code and any interest earned on those | 31808 |
| moneys that are not required to pay expenses incurred under this | 31809 |
| section during the biennium for which the money was appropriated | 31810 |
| and during which the interest was earned. If a board of education | 31811 |
| subsequently determines that the remittal of moneys leaves the | 31812 |
| board with insufficient money to pay all valid expenses incurred | 31813 |
| under this section during the biennium for which the remitted | 31814 |
| money was appropriated, the board may apply to the department of | 31815 |
| education for a refund of money, not to exceed the amount of the | 31816 |
| insufficiency. If the department determines the expenses were | 31817 |
| lawfully incurred and would have been lawful expenditures of the | 31818 |
| refunded money, it shall certify its determination and the amount | 31819 |
| of the refund to be made to the director of job and family | 31820 |
| services who shall make a refund as provided in section 4141.47 of | 31821 |
| the Revised Code. | 31822 |
| Sec. 3317.063. The superintendent of public instruction, in | 31823 |
| accordance with rules adopted by the department of education, | 31824 |
| shall annually reimburse each chartered nonpublic school for the | 31825 |
| actual mandated service administrative and clerical costs incurred | 31826 |
| by such school during the preceding school year in preparing, | 31827 |
| maintaining, and filing reports, forms, and records, and in | 31828 |
| providing such other administrative and clerical services that are | 31829 |
| not an integral part of the teaching process as may be required by | 31830 |
| state law or rule or by requirements duly promulgated by city, | 31831 |
| exempted village, or local school districts. The mandated service | 31832 |
| costs reimbursed pursuant to this section shall include, but are | 31833 |
| not limited to, the preparation, filing and maintenance of forms, | 31834 |
| reports, or records and other clerical and administrative services | 31835 |
| relating to state chartering or approval of the nonpublic school, | 31836 |
| pupil attendance, pupil health and health testing, transportation | 31837 |
| of pupils, federally funded education programs, pupil appraisal, | 31838 |
| pupil progress, educator licensure, unemployment and workers' | 31839 |
| compensation, transfer of pupils, and such other education related | 31840 |
| data which are now or hereafter shall be required of such | 31841 |
| nonpublic school by state law or rule, or by requirements of the | 31842 |
| state department of education, other state agencies, or city, | 31843 |
| exempted village, or local school districts. | 31844 |
| The reimbursement required by this section shall be for | 31845 |
| school years beginning on or after July 1, 1981. | 31846 |
| Each nonpublic school which seeks reimbursement pursuant to | 31847 |
| this section shall submit to the superintendent of public | 31848 |
| instruction an application together with such additional reports | 31849 |
| and documents as the department of education may require. Such | 31850 |
| application, reports, and documents shall contain such information | 31851 |
| as the department of education may prescribe in order to carry out | 31852 |
| the purposes of this section. No payment shall be made until the | 31853 |
| superintendent of public instruction has approved such | 31854 |
| application. | 31855 |
| Each nonpublic school which applies for reimbursement | 31856 |
| pursuant to this section shall maintain a separate account or | 31857 |
| system of accounts for the expenses incurred in rendering the | 31858 |
| required services for which reimbursement is sought. Such accounts | 31859 |
| shall contain such information as is required by the department of | 31860 |
| education and shall be maintained in accordance with rules adopted | 31861 |
| by the department of education. | 31862 |
| Reimbursement payments to a nonpublic school pursuant to this | 31863 |
| section shall not exceed an amount for each school year equal to | 31864 |
|
two hundred | 31865 |
| nonpublic school. | 31866 |
| The superintendent of public instruction may, from time to | 31867 |
| time, examine any and all accounts and records of a nonpublic | 31868 |
| school which have been maintained pursuant to this section in | 31869 |
| support of an application for reimbursement, for the purpose of | 31870 |
| determining the costs to such school of rendering the services for | 31871 |
| which reimbursement is sought. If after such audit it is | 31872 |
| determined that any school has received funds in excess of the | 31873 |
| actual cost of providing such services, said school shall | 31874 |
| immediately reimburse the state in such excess amount. | 31875 |
| Any payments made to chartered nonpublic schools under this | 31876 |
| section may be disbursed without submission to and approval of the | 31877 |
| controlling board. | 31878 |
| Sec. 3317.07. The state board of education shall establish | 31879 |
| rules for the purpose of distributing subsidies for the purchase | 31880 |
| of school buses under division (E) of section 3317.024 of the | 31881 |
| Revised Code. | 31882 |
| No school bus subsidy payments shall be paid to any district | 31883 |
| unless such district can demonstrate that pupils residing more | 31884 |
| than one mile from the school could not be transported without | 31885 |
| such additional aid. | 31886 |
| The amount paid to a county MR/DD board for buses purchased | 31887 |
| for transportation of children in special education programs | 31888 |
|
operated by the board shall be | 31889 |
| 31890 |
| The amount paid to a school district for buses purchased for | 31891 |
| transportation of handicapped and nonpublic school pupils shall be | 31892 |
| 31893 | |
| by a per pupil allocation based on the number of special education | 31894 |
| and nonpublic school pupils for whom transportation is provided. | 31895 |
| The state board of education shall adopt a formula to | 31896 |
| determine the amount of payments that shall be distributed to | 31897 |
| school districts to purchase school buses for pupils other than | 31898 |
| handicapped or nonpublic school pupils. | 31899 |
| If any district or MR/DD board obtains bus services for pupil | 31900 |
| transportation pursuant to a contract, such district or board may | 31901 |
| use payments received under this section to defray the costs of | 31902 |
| contracting for bus services in lieu of for purchasing buses. | 31903 |
| If the department of education determines that a county MR/DD | 31904 |
| board no longer needs a school bus because the board no longer | 31905 |
| transports children to a special education program operated by the | 31906 |
| board, or if the department determines that a school district no | 31907 |
| longer needs a school bus to transport pupils to a nonpublic | 31908 |
| school or special education program, the department may reassign a | 31909 |
| bus that was funded with payments provided pursuant to this | 31910 |
| section for the purpose of transporting such pupils. The | 31911 |
| department may reassign a bus to a county MR/DD board or school | 31912 |
| district that transports children to a special education program | 31913 |
| designated in the children's individualized education plans, or to | 31914 |
| a school district that transports pupils to a nonpublic school, | 31915 |
| and needs an additional school bus. | 31916 |
| Sec. 3317.081. (A) Tuition shall be computed in accordance | 31917 |
| with this section if: | 31918 |
| (1) The tuition is required by division (C)(3)(b) of section | 31919 |
| 3313.64 of the Revised Code; or | 31920 |
| (2) Neither the child nor the child's parent resides in this | 31921 |
| state and tuition is required by section 3327.06 of the Revised | 31922 |
| Code. | 31923 |
| (B) Tuition computed in accordance with this section shall | 31924 |
| equal the attendance district's tuition rate computed under | 31925 |
| section 3317.08 of the Revised Code plus the amount that district | 31926 |
| would have received for the child pursuant to sections 3317.022, | 31927 |
| 3317.023, and 3317.025 to
| 31928 |
| during the school year had the attendance district been authorized | 31929 |
| to count the child in its formula ADM for that school year under | 31930 |
| section 3317.03 of the Revised Code. | 31931 |
| Sec. 3317.09. All moneys distributed to a school district, | 31932 |
| including any cooperative education or joint vocational school | 31933 |
| district and all moneys distributed to any educational service | 31934 |
| center, by the state whether from a state or federal source, shall | 31935 |
| be accounted for by the division of school finance of the | 31936 |
| department of education. All moneys distributed shall be coded as | 31937 |
| to county, school district or educational service center, source, | 31938 |
| and other pertinent information, and at the end of each month, a | 31939 |
| report of such distribution shall be made by such division of | 31940 |
| school finance | 31941 |
| 31942 | |
| 31943 | |
| 31944 | |
| and educational service center | 31945 |
| | 31946 |
| 31947 | |
| 31948 | |
| 31949 | |
| 31950 | |
| 31951 | |
| 31952 | |
| 31953 | |
| 31954 | |
| 31955 | |
| 31956 | |
| in section 3319.33 of the Revised Code, the superintendent of | 31957 |
| public instruction shall be without authority to distribute funds | 31958 |
| to that school district or educational service center pursuant to | 31959 |
| sections 3317.022 to | 31960 |
| 3317.17, or 3317.19 of the Revised Code until such time as the | 31961 |
| required reports are filed with all specified officers, boards, or | 31962 |
| agencies. | 31963 |
| Sec. 3317.10. (A) On or before the first day of March of | 31964 |
| each year, the department of job and family services shall certify | 31965 |
| to the state board of education the unduplicated number of | 31966 |
| children ages five through seventeen residing in each school | 31967 |
| district and living in a family that, during the preceding | 31968 |
|
October, | 31969 |
| 31970 | |
|
participated in | 31971 |
| | 31972 |
| | 31973 |
| | 31974 |
| 31975 | |
| 31976 |
| | 31977 |
| 31978 |
| | 31979 |
| 31980 |
| | 31981 |
| 31982 |
| The department of job and family services shall certify this | 31983 |
| information according to the school district of residence for each | 31984 |
| child. Except as provided under division (B) of this section, the | 31985 |
| number of children so certified in any year shall be used by the | 31986 |
| department of education in calculating the distribution of moneys | 31987 |
| for the ensuing fiscal year as provided in section 3317.029 of the | 31988 |
| Revised Code. | 31989 |
| (B) Upon the transfer of part of the territory of one school | 31990 |
| district to the territory of one or more other school districts, | 31991 |
| the department of education may adjust the number of children | 31992 |
| certified under division (A) of this section for any district | 31993 |
| gaining or losing territory in such a transfer in order to take | 31994 |
| into account the effect of the transfer on the number of such | 31995 |
| children who reside in the district. Within sixty days of receipt | 31996 |
| of a request for information from the department of education, the | 31997 |
| department of job and family services shall provide any | 31998 |
| information the department of education determines is necessary to | 31999 |
| make such adjustments. The department of education may use the | 32000 |
| adjusted number for any district for the applicable fiscal year, | 32001 |
| in lieu of the number certified for the district for that fiscal | 32002 |
| year under division (A) of this section, in the calculation of the | 32003 |
| distribution of moneys provided in section 3317.029 of the Revised | 32004 |
| Code. | 32005 |
| Sec. 3317.16. (A) As used in this section: | 32006 |
| (1) "State share percentage" means the percentage calculated | 32007 |
| for a joint vocational school district as follows: | 32008 |
| (a) Calculate the state base cost funding amount for the | 32009 |
| district under division (B) of this section. If the district would | 32010 |
| not receive any base cost funding for that year under that | 32011 |
| division, the district's state share percentage is zero. | 32012 |
| (b) If the district would receive base cost funding under | 32013 |
| that division, divide that base cost amount by an amount equal to | 32014 |
| the following: | 32015 |
| 32016 |
| 32017 |
| 32018 |
| The resultant number is the district's state share | 32019 |
| percentage. | 32020 |
| (2) The "total special education weight" for a joint | 32021 |
| vocational school district shall be calculated in the same manner | 32022 |
| as prescribed in division (B)(1) of section 3317.022 of the | 32023 |
| Revised Code. | 32024 |
| (3) The "total vocational education weight" for a joint | 32025 |
| vocational school district shall be calculated in the same manner | 32026 |
| as prescribed in division (B)(4) of section 3317.022 of the | 32027 |
| Revised Code. | 32028 |
| (4) The "total recognized valuation" of a joint vocational | 32029 |
| school district shall be determined by adding the recognized | 32030 |
| valuations of all its constituent school districts for the | 32031 |
| applicable fiscal year. | 32032 |
| (5) "Resident district" means the city, local, or exempted | 32033 |
| village school district in which a student is entitled to attend | 32034 |
| school under section 3313.64 or 3313.65 of the Revised Code. | 32035 |
| (6) "Community school" means a community school established | 32036 |
| under Chapter 3314. of the Revised Code. | 32037 |
| (B) The department of education shall compute and distribute | 32038 |
| state base cost funding to each joint vocational school district | 32039 |
| for the fiscal year in accordance with division (B) of this | 32040 |
| section. | 32041 |
| (1) Compute the following | 32042 |
| 32043 |
| 32044 |
| 32045 |
| 32046 |
| If the difference obtained under this division is a negative | 32047 |
| number, the district's computation shall be zero. | 32048 |
| (2) Compute both of the following for each district: | 32049 |
| (a) The difference of (i) the district's fiscal year 2005 | 32050 |
| base cost payment under the version of division (B) of this | 32051 |
| section in effect in fiscal year 2005, minus (ii) the amount | 32052 |
| computed for the district for the current fiscal year under | 32053 |
| current division (B)(1) of this section; | 32054 |
| (b) The following amount: | 32055 |
| 32056 |
| 32057 |
| 32058 |
| If one of the amounts computed under division (B)(2)(a) or | 32059 |
| (b) of this section is a positive amount, the department shall pay | 32060 |
| the district that amount in addition to the amount calculated | 32061 |
| under division (B)(1) of this section. If both amounts are | 32062 |
| positive amounts, the department shall pay the district the lesser | 32063 |
| of the two amounts in addition to the amount calculated under | 32064 |
| division (B)(1) of this section. | 32065 |
| (C)(1) The department shall compute and distribute state | 32066 |
| vocational education additional weighted costs funds to each joint | 32067 |
| vocational school district in accordance with the following | 32068 |
| formula: | 32069 |
| 32070 |
| 32071 |
| In each fiscal year, a joint vocational school district | 32072 |
| receiving funds under division (C)(1) of this section shall spend | 32073 |
| those funds only for the purposes the department designates as | 32074 |
| approved for vocational education expenses. Vocational educational | 32075 |
| expenses approved by the department shall include only expenses | 32076 |
| connected to the delivery of career-technical programming to | 32077 |
| career-technical students. The department shall require the joint | 32078 |
| vocational school district to report data annually so that the | 32079 |
| department may monitor the district's compliance with the | 32080 |
| requirements regarding the manner in which funding received under | 32081 |
| division (C)(1) of this section may be spent. | 32082 |
| (2) The department shall compute for each joint vocational | 32083 |
| school district state funds for vocational education associated | 32084 |
| services costs in accordance with the following formula: | 32085 |
| 32086 |
| 32087 |
| 32088 |
| 32089 |
| In any fiscal year, a joint vocational school district | 32090 |
| receiving funds under division (C)(2) of this section, or through | 32091 |
| a transfer of funds pursuant to division (L) of section 3317.023 | 32092 |
| of the Revised Code, shall spend those funds only for the purposes | 32093 |
| that the department designates as approved for vocational | 32094 |
| education associated services expenses, which may include such | 32095 |
| purposes as apprenticeship coordinators, coordinators for other | 32096 |
| vocational education services, vocational evaluation, and other | 32097 |
| purposes designated by the department. The department may deny | 32098 |
| payment under division (C)(2) of this section to any district that | 32099 |
| the department determines is not operating those services or is | 32100 |
| using funds paid under division (C)(2) of this section, or through | 32101 |
| a transfer of funds pursuant to division (L) of section 3317.023 | 32102 |
| of the Revised Code, for other purposes. | 32103 |
| (D)(1) The department shall compute and distribute state | 32104 |
| special education and related services additional weighted costs | 32105 |
| funds to each joint vocational school district in accordance with | 32106 |
| the following formula: | 32107 |
| 32108 |
| 32109 |
| (2)(a) As used in this division, the "personnel allowance" | 32110 |
| means thirty thousand dollars in fiscal years 2002, 2003, 2004, | 32111 |
| 32112 |
| (b) For the provision of speech language pathology services | 32113 |
| to students, including students who do not have individualized | 32114 |
| education programs prepared for them under Chapter 3323. of the | 32115 |
| Revised Code, and for no other purpose, the department shall pay | 32116 |
| each joint vocational school district an amount calculated under | 32117 |
| the following formula: | 32118 |
| 32119 |
| 32120 |
| (3) In any fiscal year, a joint vocational school district | 32121 |
| shall spend for purposes that the department designates as | 32122 |
| approved for special education and related services expenses at | 32123 |
| least the amount calculated as follows: | 32124 |
| 32125 |
| 32126 |
| 32127 |
| 32128 |
| 32129 |
| The purposes approved by the department for special education | 32130 |
| expenses shall include, but shall not be limited to, compliance | 32131 |
| with state rules governing the education of handicapped children, | 32132 |
| providing services identified in a student's individualized | 32133 |
| education program as defined in section 3323.01 of the Revised | 32134 |
| Code, provision of speech language pathology services, and the | 32135 |
| portion of the district's overall administrative and overhead | 32136 |
| costs that are attributable to the district's special education | 32137 |
| student population. | 32138 |
| The department shall require joint vocational school | 32139 |
| districts to report data annually to allow for monitoring | 32140 |
| compliance with division (D)(3) of this section. The department | 32141 |
| shall annually report to the governor and the general assembly the | 32142 |
| amount of money spent by each joint vocational school district for | 32143 |
| special education and related services. | 32144 |
| (4) In any fiscal year, a joint vocational school district | 32145 |
| shall spend for the provision of speech language pathology | 32146 |
| services not less than the sum of the amount calculated under | 32147 |
| division (D)(1) of this section for the students in the district's | 32148 |
| category one special education ADM and the amount calculated under | 32149 |
| division (D)(2) of this section. | 32150 |
| (E)(1) If a joint vocational school district's costs for a | 32151 |
| fiscal year for a student in its categories two through six | 32152 |
| special education ADM exceed the threshold catastrophic cost for | 32153 |
| serving the student, as specified in division (C)(3)(b) of section | 32154 |
| 3317.022 of the Revised Code, the district may submit to the | 32155 |
| superintendent of public instruction documentation, as prescribed | 32156 |
| by the superintendent, of all of its costs for that student. Upon | 32157 |
| submission of documentation for a student of the type and in the | 32158 |
| manner prescribed, the department shall pay to the district an | 32159 |
| amount equal to the sum of the following: | 32160 |
| (a) One-half of the district's costs for the student in | 32161 |
| excess of the threshold catastrophic cost; | 32162 |
| (b) The product of one-half of the district's costs for the | 32163 |
| student in excess of the threshold catastrophic cost multiplied by | 32164 |
| the district's state share percentage. | 32165 |
| (2) The district shall only report under division (E)(1) of | 32166 |
| this section, and the department shall only pay for, the costs of | 32167 |
| educational expenses and the related services provided to the | 32168 |
| student in accordance with the student's individualized education | 32169 |
| program. Any legal fees, court costs, or other costs associated | 32170 |
| with any cause of action relating to the student may not be | 32171 |
| included in the amount. | 32172 |
| (F) Each fiscal year, the department shall pay each joint | 32173 |
| vocational school district an amount for adult technical and | 32174 |
| vocational education and specialized consultants. | 32175 |
| (G)(1) A joint vocational school district's local share of | 32176 |
| special education and related services additional weighted costs | 32177 |
| equals: | 32178 |
| 32179 |
| 32180 |
| 32181 |
| (2) For each handicapped student receiving special education | 32182 |
| and related services under an individualized education program, as | 32183 |
| defined in section 3323.01 of the Revised Code, at a joint | 32184 |
| vocational district, the resident district or, if the student is | 32185 |
| enrolled in a community school, the community school shall be | 32186 |
| responsible for the amount of any costs of providing those special | 32187 |
| education and related services to that student that exceed the sum | 32188 |
| of the amount calculated for those services attributable to that | 32189 |
| student under divisions (B), (D), (E), and (G)(1) of this section. | 32190 |
| Those excess costs shall be calculated by subtracting the sum | 32191 |
| of the following from the actual cost to provide special education | 32192 |
| and related services to the student: | 32193 |
| (a) The product of the formula amount times the | 32194 |
| cost-of-doing-business factor; | 32195 |
| (b) The product of the formula amount times the applicable | 32196 |
| multiple specified in section 3317.013 of the Revised Code; | 32197 |
| (c) Any funds paid under division (E) of this section for the | 32198 |
| student; | 32199 |
| (d) Any other funds received by the joint vocational school | 32200 |
| district under this chapter to provide special education and | 32201 |
| related services to the student, not including the amount | 32202 |
| calculated under division (G)(2) of this section. | 32203 |
| (3) The board of education of the joint vocational school | 32204 |
| district | 32205 |
| division (G)(2) of this section to the department of education. | 32206 |
| (4) | 32207 |
| school district reports excess costs under division (G)(3) of this | 32208 |
| section, the department shall pay the amount of excess cost | 32209 |
| calculated under division (G)(2) of this section to the joint | 32210 |
| vocational school district and shall deduct that amount as | 32211 |
| provided in division (G)(4)(a) or (b) of this section, as | 32212 |
| applicable: | 32213 |
| (a) If the student is not enrolled in a community school, the | 32214 |
| department shall deduct the amount from the account of the | 32215 |
| student's resident district pursuant to division (M) of section | 32216 |
| 3317.023 of the Revised Code. | 32217 |
| (b) If the student is enrolled in a community school, the | 32218 |
| department shall deduct the amount from the account of the | 32219 |
| community school pursuant to section 3314.083 of the Revised Code. | 32220 |
| | 32221 |
| 32222 | |
| 32223 | |
| 32224 | |
| 32225 | |
| 32226 | |
| 32227 | |
| 32228 | |
| 32229 | |
| 32230 |
| Sec. 3317.20. This section does not apply to handicapped | 32231 |
| preschool children. | 32232 |
| (A) As used in this section: | 32233 |
| (1) "Applicable weight" means the multiple specified in | 32234 |
| section 3317.013 of the Revised Code for a handicap described in | 32235 |
| that section. | 32236 |
| (2) "Child's school district" means the school district in | 32237 |
| which a child is entitled to attend school pursuant to section | 32238 |
| 3313.64 or 3313.65 of the Revised Code. | 32239 |
| (3) "State share percentage" means the state share percentage | 32240 |
| of the child's school district as defined in section 3317.022 of | 32241 |
| the Revised Code. | 32242 |
| (B) Except as provided in division (C) of this section, the | 32243 |
|
department shall annually pay each county
MR/DD board | 32244 |
| 32245 | |
| other than a handicapped preschool child, for whom the county | 32246 |
| MR/DD board provides special education and related services the | 32247 |
| greater of the amount calculated under division (B)(1) or (2) of | 32248 |
| this section: | 32249 |
| 32250 |
| 32251 |
| 32252 |
| 32253 |
| (1) (The formula amount for fiscal year 2005 X the | 32254 |
| cost-of-doing-business factor for the child's school district for | 32255 |
| fiscal year 2005) + (state share percentage for fiscal year 2005 X | 32256 |
| formula amount for fiscal year 2005 X the applicable weight); | 32257 |
| (2) (The current formula amount times the current | 32258 |
| cost-of-doing-business factor for the child's school district) + | 32259 |
| (state share percentage X current formula amount X the applicable | 32260 |
| weight). | 32261 |
| (C) If any school district places with a county MR/DD board | 32262 |
| more handicapped children than it had placed with a county MR/DD | 32263 |
| board in fiscal year 1998, the department shall not make a payment | 32264 |
| under division (B) of this section for the number of children | 32265 |
| exceeding the number placed in fiscal year 1998. The department | 32266 |
| instead shall deduct from the district's payments under this | 32267 |
| chapter, and pay to the county MR/DD board, an amount calculated | 32268 |
| in accordance with the formula prescribed in division (B) of this | 32269 |
| section for each child over the number of children placed in | 32270 |
| fiscal year 1998. | 32271 |
| (D) The department shall calculate for each county MR/DD | 32272 |
| board receiving payments under divisions (B) and (C) of this | 32273 |
| section the following amounts: | 32274 |
| (1) The amount received by the county MR/DD board for | 32275 |
| approved special education and related services units, other than | 32276 |
| preschool handicapped units, in fiscal year 1998, divided by the | 32277 |
| total number of children served in the units that year; | 32278 |
| (2) The product of the quotient calculated under division | 32279 |
| (D)(1) of this section times the number of children for whom | 32280 |
| payments are made under divisions (B) and (C) of this section. | 32281 |
| If the amount calculated under division (D)(2) of this | 32282 |
| section is greater than the total amount calculated under | 32283 |
| divisions (B) and (C) of this section, the department shall pay | 32284 |
| the county MR/DD board one hundred per cent of the difference in | 32285 |
| addition to the payments under divisions (B) and (C) of this | 32286 |
| section. | 32287 |
| Sec. 3317.201. This section does not apply to handicapped | 32288 |
| preschool children. | 32289 |
| (A) As used in this section, the "total special education | 32290 |
| weight" for an institution means the sum of the following amounts: | 32291 |
| (1) The number of children reported by the institution under | 32292 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 32293 |
| receiving services for a handicap described in division (A) of | 32294 |
| section 3317.013 of the Revised Code multiplied by the multiple | 32295 |
| specified in that division; | 32296 |
| (2) The number of children reported by the institution under | 32297 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 32298 |
| receiving services for a handicap described in division (B) of | 32299 |
| section 3317.013 of the Revised Code multiplied by the multiple | 32300 |
| specified in that division; | 32301 |
| (3) The number of children reported by the institution under | 32302 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 32303 |
| receiving services for a handicap described in division (C) of | 32304 |
| section 3317.013 of the Revised Code multiplied by the multiple | 32305 |
| specified in that division; | 32306 |
| (4) The number of children reported by the institution under | 32307 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 32308 |
| receiving services for a handicap described in division (D) of | 32309 |
| section 3317.013 of the Revised Code multiplied by the multiple | 32310 |
| specified in that division; | 32311 |
| (5) The number of children reported by the institution under | 32312 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 32313 |
| receiving services for a handicap described in division (E) of | 32314 |
| section 3317.013 of the Revised Code multiplied by the multiple | 32315 |
| specified in that division; | 32316 |
| (6) The number of children reported by the institution under | 32317 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 32318 |
| receiving services for a handicap described in division (F) of | 32319 |
| section 3317.013 of the Revised Code multiplied by the multiple | 32320 |
| specified in that division. | 32321 |
| (B) The department of education annually shall pay each state | 32322 |
| institution required to provide special education services under | 32323 |
| division (A) of section 3323.091 of the Revised Code an amount | 32324 |
| equal to the greater of: | 32325 |
| (1) The formula amount times the institution's total special | 32326 |
| education weight; | 32327 |
| (2) The aggregate amount of special education and related | 32328 |
| services unit funding the institution received for all handicapped | 32329 |
| children other than handicapped preschool children in fiscal year | 32330 |
| 2005 under sections 3317.052 and 3317.053 of the Revised Code, as | 32331 |
| those sections existed prior to the effective date of this | 32332 |
| section. | 32333 |
| Sec. 3317.50. The eTech Ohio | 32334 |
| education fund is hereby created in the state treasury. The fund | 32335 |
| shall consist of certain excess local exchange telephone company | 32336 |
| contributions transferred from the reserve fund of the Ohio | 32337 |
| telecommunications advisory board pursuant to an agreement between | 32338 |
| the public utilities commission of Ohio and the Ohio department of | 32339 |
| education. The fund shall be used to finance technology grants to | 32340 |
| state-chartered elementary and secondary schools. Investment | 32341 |
| earnings of the fund shall be credited to the fund. | 32342 |
| Sec. 3317.51. (A) The distance learning fund is hereby | 32343 |
| created in the state treasury. The fund shall consist of moneys | 32344 |
| paid to the eTech
Ohio | 32345 |
| company as a part of a settlement agreement between such company | 32346 |
| and the public utilities commission in fiscal year 1995 in part to | 32347 |
| establish distance learning throughout the
state. The | 32348 |
| commission shall administer the fund and expend moneys from it to | 32349 |
| finance technology grants to eligible schools chartered by the | 32350 |
| state board of education to establish distance learning in those | 32351 |
| schools. Chartered schools are eligible for funds if they are | 32352 |
| within the service area of the telephone company. Investment | 32353 |
| earnings of the fund shall be credited to the fund. | 32354 |
| (B) For purposes of this section, "distance learning" means | 32355 |
| the creation of a learning environment involving a school setting | 32356 |
| and at least one other location outside of the school which allows | 32357 |
| for information available at one site to be accessed at the other | 32358 |
| through the use of such educational applications as one-way or | 32359 |
| two-way transmission of data, voice, and video, singularly or in | 32360 |
| appropriate combinations. | 32361 |
| Sec. 3318.091. (A) Promptly after the written agreement | 32362 |
| between the school district board and the Ohio school facilities | 32363 |
| commission has been entered into, the school district board shall | 32364 |
| proceed with the issuance of its bonds or notes in anticipation | 32365 |
| thereof pursuant to the provision of such agreement required by | 32366 |
| division (A) of section 3318.08 of the Revised Code and the | 32367 |
| deposit of the proceeds thereof in the school district's project | 32368 |
| construction fund pursuant to the provision of such agreement | 32369 |
| required by division (B) of section 3318.08 of the Revised Code, | 32370 |
| and the school district board, with the approval of the commission | 32371 |
| shall employ a qualified professional person or firm to prepare | 32372 |
| preliminary plans, working drawings, specifications, estimates of | 32373 |
| cost, and such data as the school district board and the | 32374 |
| commission consider necessary for the project. When the | 32375 |
| preliminary plans and preliminary estimates of cost have been | 32376 |
| prepared, and approved by the school district board, they shall be | 32377 |
| submitted to the commission for approval, modification, or | 32378 |
| rejection. The commission shall ensure that the plans and | 32379 |
| materials proposed for use in the project comply with | 32380 |
| specifications for plans and materials that shall be established | 32381 |
| by the commission. When such preliminary plans and preliminary | 32382 |
| estimates of cost and any modifications thereof have been approved | 32383 |
| by the commission and the school district board, the school | 32384 |
| district board shall cause such qualified professional person or | 32385 |
| firm to prepare the working drawings, specifications, and | 32386 |
| estimates of cost. | 32387 |
| (B) Whenever project plans submitted to the commission for | 32388 |
| approval under division (A) of this section propose to locate a | 32389 |
| facility on a state route or United States highway or within one | 32390 |
| mile of a state route or United States highway, the commission | 32391 |
| shall send a copy of the plans to the director of transportation. | 32392 |
| The director of transportation shall review the plans to determine | 32393 |
| the feasibility of the proposed ingress and egress to the | 32394 |
| facility, the traffic circulation pattern on roadways around the | 32395 |
| facility, and any improvements that would be necessary to conform | 32396 |
| the roadways to provisions of the manual adopted by the department | 32397 |
| of transportation pursuant to section 4511.09 of the Revised Code | 32398 |
| or state or federal law. The director of transportation shall | 32399 |
| provide a written summary of the director's findings to the | 32400 |
| commission in a timely manner. The commission shall consider the | 32401 |
| findings in deciding whether to approve the plans. | 32402 |
| Sec. 3318.18. (A) As used in this section: | 32403 |
| (1) "Valuation" of a school district means the sum of the | 32404 |
| amounts described in divisions (A)(1) and (2) of section 3317.021 | 32405 |
| of the Revised Code as most recently certified for the district | 32406 |
| before the annual computation is made under division (B) of this | 32407 |
| section. | 32408 |
| (2) "Valuation per pupil" of a school district means the | 32409 |
| district's valuation divided by the district's formula ADM as most | 32410 |
| recently reported for October under section 3317.03 of the Revised | 32411 |
| Code before the annual computation is made under division (B) of | 32412 |
| this section. | 32413 |
| (3) "Statewide average valuation per pupil" means the total | 32414 |
| of the valuations of all school districts divided by the total of | 32415 |
| the formula ADMs of all school districts as most recently reported | 32416 |
| for October under section 3317.03 of the Revised Code before the | 32417 |
| annual computation is made under division (C) of this section. | 32418 |
| (4) "Maintenance levy requirement" means the tax required to | 32419 |
| be levied pursuant to division (C)(2)(a) of section 3318.08 and | 32420 |
| division (B) of section 3318.05 of the Revised Code or the | 32421 |
| application of proceeds of another levy to paying the costs of | 32422 |
| maintaining classroom facilities pursuant to division (A)(2) of | 32423 |
| section 3318.052, division (C)(1) or (C)(2)(b) of section 3318.08, | 32424 |
| or division (D)(2) of section 3318.36 of the Revised Code, or a | 32425 |
| combination thereof. | 32426 |
| (5) "Project agreement" means an agreement between a school | 32427 |
| district and the Ohio school facilities commission under section | 32428 |
| 3318.08 or division (B)(1) of section 3318.36 of the Revised Code. | 32429 |
| (B) On or before July 1, 2006, the department of education | 32430 |
| shall compute the statewide average valuation per pupil and the | 32431 |
| valuation per pupil of each school district, and provide them to | 32432 |
| the Ohio school facilities commission. On or before the first day | 32433 |
| of July each year beginning in 2007, the department of education | 32434 |
| shall compute the statewide average valuation per pupil and the | 32435 |
| valuation per pupil of each school district that has not already | 32436 |
| entered into a project agreement, and provide the results of those | 32437 |
| computations to the commission. | 32438 |
| (C)(1) At the time the Ohio school facilities commission | 32439 |
| enters into a project agreement with a school district, the | 32440 |
| commission shall compute the difference between the district's | 32441 |
| valuation per pupil and the statewide average valuation per pupil | 32442 |
| as most recently provided to the commission under division (B) of | 32443 |
| this section. If the school district's valuation per pupil is less | 32444 |
| than the average statewide valuation per pupil, the commission | 32445 |
| shall multiply the difference between those amounts by one-half | 32446 |
| mill times the formula ADM of the district as most recently | 32447 |
| reported to the department of education for October under division | 32448 |
| (A) of section 3317.03 of the Revised Code. The commission shall | 32449 |
| certify the resulting product to the department of education, | 32450 |
| along with the date on which the maintenance levy requirement | 32451 |
| terminates as provided in the project agreement between the school | 32452 |
| district board and the commission. | 32453 |
| (2) In the case of a school district that entered into a | 32454 |
| project agreement after July 1, 1997, but before July 1, 2006, the | 32455 |
| commission shall make the computation described in division (C)(1) | 32456 |
| of this section on the basis of the district's valuation per pupil | 32457 |
| and the statewide average valuation per pupil computed as of | 32458 |
| September 1, 2006, and the district's formula ADM reported for | 32459 |
| October 2005. | 32460 |
| (3) The amount computed for a school district under division | 32461 |
| (C)(1) or (2) of this section shall not change for the period | 32462 |
| during which payments are made to the district under division (D) | 32463 |
| of this section. | 32464 |
| (4) A computation need not be made under division (C)(1) or | 32465 |
| (2) of this section for a school district that certified a | 32466 |
| resolution to the commission under division (D)(3) of section | 32467 |
| 3318.36 of the Revised Code until the district becomes eligible | 32468 |
| for state assistance as provided in that division. | 32469 |
| (D) In the fourth quarter of each fiscal year, for each | 32470 |
| school district for which a computation has been made under | 32471 |
| division (C) of this section, the department of education shall | 32472 |
| pay the amount computed to each such school district. Payments | 32473 |
| shall be made to a school district each year until and including | 32474 |
| the tax year in which the district's maintenance levy requirement | 32475 |
| terminates. Payments shall be paid from the half-mill equalization | 32476 |
| fund, subject to appropriation by the general assembly. | 32477 |
| (E) Payments made to a school district under this section | 32478 |
| shall be credited to the district's classroom facilities | 32479 |
| maintenance fund and shall be used only for the purpose of | 32480 |
| maintaining facilities constructed or renovated under the project | 32481 |
| agreement. | 32482 |
| (F) There is hereby created in the state treasury the | 32483 |
| half-mill equalization fund. The fund shall receive transfers | 32484 |
| pursuant to section 5727.85 of the Revised Code. The fund shall be | 32485 |
| used first to make annual payments under division (D) of this | 32486 |
| section. If a balance remains in the fund after such payments are | 32487 |
| made in full for a year, the Ohio school facilities commission may | 32488 |
| request the controlling board to transfer a reasonable amount from | 32489 |
| such remaining balance to the public school building fund created | 32490 |
| under section 3318.15 of the Revised Code for the purposes of this | 32491 |
| chapter. | 32492 |
| All investment earnings arising from investment of money in | 32493 |
| the half-mill equalization fund shall be credited to the fund. | 32494 |
| Sec. 3318.33. (A) There is hereby created in the state | 32495 |
| treasury the Ohio school facilities commission fund, which shall | 32496 |
| consist of transfers of moneys authorized by the general assembly | 32497 |
| and revenues received by the Ohio school facilities commission | 32498 |
| under section 3318.31 of the Revised Code. Investment earnings on | 32499 |
| moneys in the fund shall be credited to the fund. Moneys in the | 32500 |
| fund may be used by the commission to pay personnel and other | 32501 |
| administrative expenses, to pay the cost of conducting evaluations | 32502 |
| of classroom facilities, to pay the cost of preparing building | 32503 |
| design specifications, to pay the cost of providing project | 32504 |
| management services, and for other purposes determined by the | 32505 |
| commission to be necessary to fulfill its duties under | 32506 |
| 32507 |
| (B) The director of budget and management may transfer to the | 32508 |
| Ohio school facilities commission fund the investment earnings on | 32509 |
| the
public school building fund | 32510 |
| Revised Code, the investment earnings on the education facilities | 32511 |
| trust fund created in section 183.26 of the Revised Code, or both. | 32512 |
| The director of budget and management may transfer to the Ohio | 32513 |
| school facilities commission fund the investment earnings on the | 32514 |
| school building program assistance fund, created under section | 32515 |
| 3318.25 of the Revised Code, in excess of the amounts needed to | 32516 |
| meet estimated federal arbitrage rebate requirements. | 32517 |
| | 32518 |
| treasury the | 32519 |
| assistance fund. Money in the fund shall be used solely to provide | 32520 |
| interest-free loans to school districts, including joint | 32521 |
| vocational
school districts, under sections | 32522 |
| 32523 | |
| construction of new vocational classroom facilities, the | 32524 |
| renovation of existing vocational classroom facilities, or the | 32525 |
| purchase of vocational education equipment or facilities. Moneys | 32526 |
| in the fund shall consist of transfers made to the fund, any | 32527 |
| interest earned by the fund, and repayments of loans made under | 32528 |
| sections | 32529 |
| Investment earnings of the fund shall be credited to the fund. | 32530 |
| | 32531 |
| school facilities commission shall adopt rules in accordance with | 32532 |
| Chapter 119. of the Revised Code under which, in any fiscal year | 32533 |
| that funds are appropriated from the
| 32534 |
| school building assistance fund for such purpose, the
| 32535 |
| commission may make interest-free loans to school districts. The | 32536 |
| rules shall include all of the following: | 32537 |
| (A) Application procedures, including the date by which | 32538 |
| applications shall be made; | 32539 |
| (B) Eligibility criteria, which shall include at least the | 32540 |
| following provisions: | 32541 |
| (1) A requirement that an applicant district demonstrate | 32542 |
| financial need for the loan. Indicators of need may include, but | 32543 |
| need not be limited to, levels of assessed valuation, enrollment | 32544 |
| levels and enrollment changes, ability of the district to maintain | 32545 |
| minimum educational standards, and demonstrated good faith efforts | 32546 |
| by the district to secure funds from sources other than the state. | 32547 |
| (2) A requirement that an applicant district demonstrate the | 32548 |
| ability to repay the loan within the maximum period permitted by | 32549 |
| division (D) of this section; | 32550 |
| (3) A requirement that an applicant district is not eligible | 32551 |
| for a loan, other than a loan for the purchase of any vocational | 32552 |
| education equipment that is not an approved project cost under | 32553 |
| this chapter, if the district, on the date of application for the | 32554 |
| loan, has at any time received any state assistance under sections | 32555 |
| 3318.01 to 3318.20, section 3318.37 or 3318.38, or sections | 32556 |
| 3318.40 to 3318.45 of the Revised Code or is reasonably expected | 32557 |
| to receive state assistance under any of those sections within | 32558 |
| three fiscal years; | 32559 |
| (4) A requirement that an applicant district agree to comply | 32560 |
| with all applicable design specifications and policies of the | 32561 |
| commission established pursuant to this chapter in the | 32562 |
| construction, renovation, or purchase of facilities or equipment | 32563 |
| paid for with the loan, unless such specifications or policies are | 32564 |
| waived by the commission. | 32565 |
| (C) Loan approval procedures and criteria, including criteria | 32566 |
| for prioritizing eligible applications. Criteria for such | 32567 |
| prioritization shall include: | 32568 |
| (1) Preference for applicant districts that demonstrate | 32569 |
| commitment and innovative approaches to the implementation of the | 32570 |
| department of education's vocational education modernization plan | 32571 |
| pursuant to section 3313.901 of the Revised Code; | 32572 |
| (2) Preference for applicant districts that have entered into | 32573 |
| or are in the process of entering into cooperative agreements with | 32574 |
| technical colleges or other institutions of higher education | 32575 |
| either to coordinate secondary vocational education and | 32576 |
| post-secondary technical education programs, or to share | 32577 |
| facilities and equipment. | 32578 |
| (D) Provisions governing the repayment of loans, including a | 32579 |
| provision that loans for construction, acquisition, or renovation | 32580 |
| of facilities shall be repaid within a maximum of fifteen years | 32581 |
| and loans for vocational education equipment shall be repaid | 32582 |
| within a maximum of five years; | 32583 |
| (E) A requirement that no loan shall be applied to the local | 32584 |
| resources a district expends as a condition of participation in a | 32585 |
| program established under section 3318.36 or 3318.46 of the | 32586 |
| Revised Code. | 32587 |
| | 32588 |
| school facilities commission shall enter into a loan agreement | 32589 |
| with each school district it approves for a loan under section | 32590 |
| 32591 | |
| the amount of the loan, the purposes for which it is to be used, | 32592 |
| the duration of the loan, and the repayment schedule. Every such | 32593 |
| agreement shall contain a provision
| 32594 |
| state board of education, upon the request of the executive | 32595 |
| director of the commission, to deduct from payments due to the | 32596 |
| district under Chapter 3317. of the Revised Code or from any other | 32597 |
| funds appropriated to the district by the general assembly, the | 32598 |
| amount of any scheduled loan payment due but not paid by the | 32599 |
| district and, within ten days, to transfer that amount to the | 32600 |
| commission. | 32601 |
| A copy of each loan agreement shall be furnished to the | 32602 |
| controlling board. No
money shall be released from the | 32603 |
| career-technical school building assistance fund without the | 32604 |
| approval of the controlling board. | 32605 |
| Sec. 3319.06. (A) The board of education of each city, | 32606 |
| exempted village, or local school district may create the position | 32607 |
| of internal auditor. Any person employed by the board as an | 32608 |
| internal auditor shall hold a valid permit issued under section | 32609 |
| 4701.10 of the Revised Code to practice as a certified public | 32610 |
| accountant or a public accountant. | 32611 |
| (B) The board shall execute a written contract of employment | 32612 |
| with each internal auditor it employs. The contract shall specify | 32613 |
| the internal auditor's duties, the salary and other compensation | 32614 |
| to be paid for performance of those duties, the number of days to | 32615 |
| be worked, the number of days of vacation leave, if any, and any | 32616 |
| paid holidays in the contractual year. The salary and other | 32617 |
| compensation prescribed by the contract may be increased by the | 32618 |
| board during the term of the contract but shall not be reduced | 32619 |
| during that term unless such reduction is part of a uniform plan | 32620 |
| affecting employees of the entire district. The term of the | 32621 |
| initial contract shall not exceed three years. Any renewal of the | 32622 |
| contract shall be for a term of not less than two years and not | 32623 |
| more than five years. | 32624 |
| The internal auditor shall be directly responsible to the | 32625 |
| board for the performance of all duties outlined in the contract. | 32626 |
| If the board does not intend to renew the contract upon its | 32627 |
| expiration, the board shall provide written notice to the internal | 32628 |
| auditor of its intention not to renew the contract not later than | 32629 |
| the last day of March of the year in which the contract expires. | 32630 |
| If the board does not provide such notice by that date, the | 32631 |
| internal auditor shall be deemed reemployed for a term of one year | 32632 |
| at the same salary plus any increments that may be authorized by | 32633 |
| the board. Termination of an internal auditor's contract shall be | 32634 |
| pursuant to section 3319.16 of the Revised Code. | 32635 |
| (C) Each board that employs an internal auditor shall adopt | 32636 |
| procedures for the evaluation of the internal auditor and shall | 32637 |
| evaluate the internal auditor in accordance with those procedures. | 32638 |
| The evaluation based upon the procedures shall be considered by | 32639 |
| the board in deciding whether to renew the internal auditor's | 32640 |
| contract of employment. The establishment of an evaluation | 32641 |
| procedure shall not create an expectancy of continued employment. | 32642 |
| Nothing in this section shall prevent the board from making the | 32643 |
| final determination regarding the renewal or nonrenewal of the | 32644 |
| contract of an internal auditor. | 32645 |
| Sec. 3319.081. Except as otherwise provided in division (G) | 32646 |
| of this section, in all school districts wherein the provisions of | 32647 |
| Chapter 124. of the Revised Code do not apply, the following | 32648 |
| employment contract system shall control for employees whose | 32649 |
| contracts of employment are not otherwise provided by law: | 32650 |
| (A) Newly hired regular nonteaching school employees, | 32651 |
| including regular hourly rate and per diem employees, shall enter | 32652 |
| into written contracts for their employment which shall be for a | 32653 |
| period of not more than one year. If such employees are rehired, | 32654 |
| their subsequent contract shall be for a period of two years. | 32655 |
| (B) After the termination of the two-year contract provided | 32656 |
| in division (A) of this section, if the contract of a nonteaching | 32657 |
| employee is renewed, the employee shall be continued in | 32658 |
| employment, and the salary provided in the contract may be | 32659 |
| increased but not reduced unless such reduction is a part of a | 32660 |
| uniform plan affecting the nonteaching employees of the entire | 32661 |
| district. | 32662 |
| (C) The contracts as provided for in this section may be | 32663 |
|
terminated by a majority vote of the board of education. | 32664 |
| Except as provided in sections 3319.0810 and 3319.172 of the | 32665 |
| Revised Code, the contracts may be terminated only for violation | 32666 |
| of written rules and regulations as set forth by the board of | 32667 |
| education or for incompetency, inefficiency, dishonesty, | 32668 |
| drunkenness, immoral conduct, insubordination, discourteous | 32669 |
| treatment of the public, neglect of duty, or any other acts of | 32670 |
| misfeasance, malfeasance, or nonfeasance. In addition to the right | 32671 |
| of the board of education to terminate the contract of an | 32672 |
| employee, the board may suspend an employee for a definite period | 32673 |
| of time or demote the employee for the reasons set forth in this | 32674 |
| division. The action of the board of education terminating the | 32675 |
| contract of an employee
or suspending or demoting | 32676 |
| shall be served upon the employee by certified mail. Within ten | 32677 |
| days following the receipt of such notice by the employee, the | 32678 |
| employee may file an appeal, in writing, with the court of common | 32679 |
| pleas of the county in which such school board is situated. After | 32680 |
| hearing the appeal the common pleas court may affirm, disaffirm, | 32681 |
| or modify the action of the school board. | 32682 |
| A violation of division (A)(7) of section 2907.03 of the | 32683 |
| Revised Code is grounds for termination of employment of a | 32684 |
| nonteaching employee under this division. | 32685 |
| (D) All employees who have been employed by a school district | 32686 |
| where the provisions of Chapter 124. of the Revised Code do not | 32687 |
| apply, for a period of at least three years on November 24, 1967, | 32688 |
| shall hold continuing contracts of employment pursuant to this | 32689 |
| section. | 32690 |
| (E) Any nonteaching school employee may terminate | 32691 |
| nonteaching school employee's contract of employment thirty days | 32692 |
| subsequent to the filing of a written notice of such termination | 32693 |
| with the treasurer of the board. | 32694 |
| (F) A person hired exclusively for the purpose of replacing a | 32695 |
| nonteaching school employee while such employee is on leave of | 32696 |
| absence granted under section 3319.13 of the Revised Code is not a | 32697 |
| regular nonteaching school employee under this section. | 32698 |
| (G) All nonteaching employees employed pursuant to this | 32699 |
| section and Chapter 124. of the Revised Code shall be paid for all | 32700 |
| time lost when the schools in which they are employed are closed | 32701 |
| owing to an epidemic or other public calamity. Nothing in this | 32702 |
| division shall be construed as requiring payment in excess of an | 32703 |
| employee's regular wage rate or salary for any time worked while | 32704 |
|
the school in which | 32705 |
| closed for the reasons set forth in this division. | 32706 |
| Sec. 3319.0810. (A) The board of education of any school | 32707 |
| district wherein the provisions of Chapter 124. of the Revised | 32708 |
| Code do not apply may terminate any of its transportation staff | 32709 |
| positions for reasons of economy and efficiency if the board | 32710 |
| instead of employing its own staff to transport some or all of the | 32711 |
| students enrolled in the district schools enters into a contract | 32712 |
| with an independent agent for the provision of transportation | 32713 |
| services for such students. Such a contract may be entered into | 32714 |
| only if all of the following conditions are satisfied: | 32715 |
| (1) Any collective bargaining agreement between the employee | 32716 |
| organization representing the employees whose positions are | 32717 |
| terminated under this section and the board has expired or will | 32718 |
| expire within sixty days and has not been renewed in conformance | 32719 |
| with provisions of that agreement and with Chapter 4117. of the | 32720 |
| Revised Code, or the agreement contains provisions permitting the | 32721 |
| termination of positions for reasons of economy and efficiency | 32722 |
| while the agreement is in force and the board is in conformance | 32723 |
| with those provisions. | 32724 |
| (2) The board permits any employee whose position is | 32725 |
| terminated under this section to fill any vacancy within the | 32726 |
| district's organization for which the employee is qualified. The | 32727 |
| board shall select from among similarly qualified employees to | 32728 |
| fill such vacancies pursuant to procedures established under any | 32729 |
| collective bargaining agreement between the employee organization | 32730 |
| representing the terminated employees and the board that is in | 32731 |
| force at the time of the termination, or in absence of such | 32732 |
| provisions on the basis of seniority of employment by the board | 32733 |
| with the employee with the greatest seniority having highest | 32734 |
| priority. | 32735 |
| (3) Unless a collective bargaining agreement between the | 32736 |
| employee organization representing the terminated employees and | 32737 |
| the board that is in force at the time of the termination provides | 32738 |
| otherwise, the board permits any employee whose position is | 32739 |
| terminated under this section to fill the employee's former | 32740 |
| position in the event that the board reinstates that position | 32741 |
| within one year after the date the position is terminated under | 32742 |
| this section. | 32743 |
| (4) The board permits any employee whose position is | 32744 |
| terminated under this section to appeal in accordance with section | 32745 |
| 119.12 of the Revised Code the board's decision to terminate the | 32746 |
| employee's position, not to hire that employee for another | 32747 |
| position pursuant to division (A)(2) of this section, or not to | 32748 |
| rehire that employee for the position if it is reinstated within | 32749 |
| one year after the position is terminated pursuant to division | 32750 |
| (A)(3) of this section. | 32751 |
| (5) The contract entered into by the board and an independent | 32752 |
| agent for the provision of transportation services contains a | 32753 |
| stipulation requiring the agent to consider hiring any employees | 32754 |
| of the school district whose positions are terminated under this | 32755 |
| section for similar positions within the agent's organization. | 32756 |
| (6) The contract entered into by the board and an independent | 32757 |
| agent for the provision of transportation services contains a | 32758 |
| stipulation requiring the agent to recognize for purposes of | 32759 |
| employee representation in collective bargaining any employee | 32760 |
| organization that represented the employees whose positions are | 32761 |
| terminated under this section in collective bargaining with the | 32762 |
| board at the time of the termination provided: | 32763 |
| (a) A majority of all employees in the bargaining unit agree | 32764 |
| to such representation; | 32765 |
| (b) Such representation is not prohibited by federal law, | 32766 |
| including any ruling of the national labor relations board; | 32767 |
| (c) The employee organization is not prohibited from | 32768 |
| representing nonpublic employees by other provisions of law or its | 32769 |
| own governing instruments. | 32770 |
| However, any employee whose position is terminated under this | 32771 |
| section shall not be compelled to be included in such bargaining | 32772 |
| unit if there is another bargaining unit within the agent's | 32773 |
| organization that is applicable to the employee. | 32774 |
| (B) If after terminating any positions of employment under | 32775 |
| this section the board fails to comply with any condition | 32776 |
| prescribed in division (A) of this section or fails to enforce on | 32777 |
| the agent its contractual obligations prescribed in divisions | 32778 |
| (A)(5) and (6) of this section, the terminations shall be void and | 32779 |
| the board shall reinstate the positions and fill them with the | 32780 |
| employees who filled those positions just prior to the | 32781 |
| terminations. Such employees shall be compensated at a rate equal | 32782 |
| to their rate of compensation in those positions just prior to the | 32783 |
| terminations plus any increases paid since the terminations to | 32784 |
| other nonteaching employees. The employees shall also be entitled | 32785 |
| to back pay at such rate for the period from the date of the | 32786 |
| terminations to the date of the reinstatements minus any pay | 32787 |
| received by the employees during any time the board was in | 32788 |
| compliance with such conditions or during any time the board | 32789 |
| enforced those obligations. | 32790 |
| Any employee aggrieved by the failure of the board to comply | 32791 |
| with any condition prescribed in division (A) of this section or | 32792 |
| to enforce on the agent its contractual obligations prescribed in | 32793 |
| divisions (A)(5) and (6) of this section shall have the right to | 32794 |
| sue the board for reinstatement of the employee's former position | 32795 |
| as provided for in this division in the court of common pleas for | 32796 |
| the county in which the school district is located or, if the | 32797 |
| school district is located in more than one county, in the court | 32798 |
| of common pleas for the county in which the majority of the | 32799 |
| territory of the school district is located. | 32800 |
| Sec. 3319.17. (A) As used in this section, "interdistrict | 32801 |
| contract" means any contract or agreement entered into by an | 32802 |
| educational service center governing board and another board or | 32803 |
| other public entity pursuant to section 3313.17, 3313.841, | 32804 |
| 3313.842, 3313.843, 3313.91, or 3323.08 of the Revised Code, | 32805 |
| including any such contract or agreement for the provision of | 32806 |
| services funded under division (L) of section 3317.024 of the | 32807 |
| Revised Code or provided in any unit approved under section | 32808 |
| 3317.05 of the Revised Code. | 32809 |
| (B) When, for any of the following reasons that apply to any | 32810 |
| city, exempted village, local, or joint vocational school district | 32811 |
| or any educational service center, the board decides that it will | 32812 |
| be necessary to reduce the number of teachers it employs, it may | 32813 |
| make a reasonable reduction: | 32814 |
| (1) In the case of any district or service center, return to | 32815 |
| duty of regular teachers after leaves of absence including leaves | 32816 |
| provided pursuant to division (B) of section 3314.10 of the | 32817 |
| Revised Code, suspension of schools, | 32818 |
| affecting the district or center, or financial reasons; | 32819 |
| (2) In the case of any city, exempted village, local, or | 32820 |
| joint vocational school district, decreased enrollment of pupils | 32821 |
| in the district; | 32822 |
| (3) In the case of any governing board of a service center | 32823 |
| providing any particular service directly to pupils pursuant to | 32824 |
| one or more interdistrict contracts requiring such service, | 32825 |
| reduction in the total number of pupils the governing board is | 32826 |
| required to provide with the service under all interdistrict | 32827 |
| contracts as a result of the termination or nonrenewal of one or | 32828 |
| more of these interdistrict contracts; | 32829 |
| (4) In the case of any governing board providing any | 32830 |
| particular service that it does not provide directly to pupils | 32831 |
| pursuant to one or more interdistrict contracts requiring such | 32832 |
| service, reduction in the total level of the service the governing | 32833 |
| board is required to provide under all interdistrict contracts as | 32834 |
| a result of the termination or nonrenewal of one or more of these | 32835 |
| interdistrict contracts. | 32836 |
| (C) In making any such reduction, any city, exempted village, | 32837 |
| local, or joint vocational school board shall proceed to suspend | 32838 |
| contracts in accordance with the recommendation of the | 32839 |
| superintendent of schools who shall, within each teaching field | 32840 |
| affected, give preference first to teachers on continuing | 32841 |
| contracts and then to teachers who have greater seniority. In | 32842 |
| making any such reduction, any governing board of a service center | 32843 |
| shall proceed to suspend contracts in accordance with the | 32844 |
| recommendation of the superintendent who shall, within each | 32845 |
| teaching field or service area affected, give preference first to | 32846 |
| teachers on continuing contracts and then to teachers who have | 32847 |
| greater seniority. | 32848 |
| On a case-by-case basis, in lieu of suspending a contract in | 32849 |
| whole, a board may suspend a contract in part, so that an | 32850 |
| individual is required to work a percentage of the time the | 32851 |
| employee otherwise is required to work under the contract and | 32852 |
| receives a commensurate percentage of the full compensation the | 32853 |
| employee otherwise would receive under the contract. | 32854 |
| The teachers whose continuing contracts are suspended by any | 32855 |
| board pursuant to this section shall have the right of restoration | 32856 |
| to continuing service status by that board in the order of | 32857 |
| seniority of service in the district or service center if and when | 32858 |
| teaching positions become vacant or are created for which any of | 32859 |
| such teachers are or become qualified. No teacher whose continuing | 32860 |
| contract has been suspended pursuant to this section shall lose | 32861 |
| that right of restoration to continuing service status by reason | 32862 |
| of having declined recall to a position that is less than | 32863 |
| full-time or, if the teacher was not employed full-time just prior | 32864 |
| to suspension of the teacher's continuing contract, to a position | 32865 |
| requiring a lesser percentage of full-time employment than the | 32866 |
| position the teacher last held while employed in the district or | 32867 |
| service center. | 32868 |
| (D) Notwithstanding any provision to the contrary in Chapter | 32869 |
| 4117. of the Revised Code, the requirements of this section | 32870 |
| prevail over any conflicting provisions of agreements between | 32871 |
| employee organizations and public employers entered into after the | 32872 |
| effective date of this amendment. | 32873 |
| Sec. 3319.172. The board of education of each school district | 32874 |
| wherein the provisions of Chapter 124. of the Revised Code do not | 32875 |
| apply and the governing board of each educational service center | 32876 |
| may adopt a resolution ordering reasonable reductions in the | 32877 |
| number of nonteaching employees for any of the reasons for which | 32878 |
| the board of education or governing board may make reductions in | 32879 |
| teaching employees, as set forth in division (B) of section | 32880 |
| 3319.17 of the Revised Code. | 32881 |
| In making any reduction under this section, the board of | 32882 |
| education or governing board shall proceed to suspend contracts in | 32883 |
| accordance with the recommendation of the superintendent of the | 32884 |
| district or service center who shall, within each pay | 32885 |
| classification affected, give preference first to employees under | 32886 |
| continuing contracts and then to employees on the basis of | 32887 |
| seniority. On a case-by-case basis, in lieu of suspending a | 32888 |
| contract in whole, a board may suspend a contract in part, so that | 32889 |
| an individual is required to work a percentage of the time the | 32890 |
| employee otherwise is required to work under the contract and | 32891 |
| receives a commensurate percentage of the full compensation the | 32892 |
| employee otherwise would receive under the contract. | 32893 |
| Any nonteaching employee whose continuing contract is | 32894 |
| suspended under this section shall have the right of restoration | 32895 |
| to continuing service status by the board of education or | 32896 |
| governing board that suspended that contract in order of seniority | 32897 |
| of service in the district or service center, if and when a | 32898 |
| nonteaching position for which the employee is qualified becomes | 32899 |
| vacant or is created. No nonteaching employee whose continuing | 32900 |
| contract has been suspended under this section shall lose that | 32901 |
| right of restoration to continuing service status by reason of | 32902 |
| having declined recall to a position requiring fewer regularly | 32903 |
| scheduled hours of work than required by the position the employee | 32904 |
| last held while employed in the district or service center. | 32905 |
| Notwithstanding any provision to the contrary in Chapter | 32906 |
| 4117. of the Revised Code, the requirements of this section | 32907 |
| prevail over any conflicting provisions of agreements between | 32908 |
| employee organizations and public employers entered into after the | 32909 |
| effective date of this section. | 32910 |
| Sec. 3319.22. (A)(1) The state board of education shall | 32911 |
| adopt rules establishing the standards and requirements for | 32912 |
| obtaining temporary, associate, provisional, and professional | 32913 |
| educator licenses of any categories, types, and levels the board | 32914 |
| elects to provide. However, no educator license shall be required | 32915 |
| for teaching children two years old or younger. | 32916 |
| (2) If the state board requires any examinations for educator | 32917 |
| licensure, the department of education shall provide the results | 32918 |
| of such examinations received by the department to the Ohio board | 32919 |
| of regents, in the manner and to the extent permitted by state and | 32920 |
| federal law. | 32921 |
| (B) Any rules the state board of education adopts, amends, or | 32922 |
| rescinds for educator licenses under this section, division (D) of | 32923 |
| section 3301.07 of the Revised Code, or any other law shall be | 32924 |
| adopted, amended, or rescinded under Chapter 119. of the Revised | 32925 |
| Code except as follows: | 32926 |
| (1) Notwithstanding division (D) of section 119.03 and | 32927 |
| division (A)(1) of section 119.04 of the Revised Code, in the case | 32928 |
| of the adoption of any rule or the amendment or rescission of any | 32929 |
| rule that necessitates institutions' offering teacher preparation | 32930 |
| programs that are approved by the state board of education under | 32931 |
| section 3319.23 of the Revised Code to revise the curriculum of | 32932 |
| those programs, the effective date shall not be as prescribed in | 32933 |
| division (D) of section 119.03 and division (A)(1) of section | 32934 |
| 119.04 of the Revised Code. Instead, the effective date of such | 32935 |
| rules, or the amendment or rescission of such rules, shall be the | 32936 |
| date prescribed by section 3319.23 of the Revised Code. | 32937 |
| (2) Notwithstanding the authority to adopt, amend, or rescind | 32938 |
| emergency rules in division (F) of section 119.03 of the Revised | 32939 |
| Code, this authority shall not apply to the state board of | 32940 |
| education with regard to rules for educator licenses. | 32941 |
| (C)(1) The rules adopted under this section establishing | 32942 |
| standards requiring additional coursework for the renewal of any | 32943 |
| educator license shall require a school district and a chartered | 32944 |
| nonpublic school to establish local professional development | 32945 |
| committees. In a nonpublic school, the chief administrative | 32946 |
| officer shall establish the committees in any manner acceptable to | 32947 |
| such officer. The committees established under this division shall | 32948 |
| determine whether coursework that a district or chartered | 32949 |
| nonpublic school teacher proposes to complete meets the | 32950 |
| requirement of the rules. The department of education shall | 32951 |
| provide technical assistance and support to committees as the | 32952 |
| committees incorporate the professional development standards | 32953 |
| adopted by the state board of education pursuant to section | 32954 |
| 3319.61 of the Revised Code into their review of coursework that | 32955 |
| is appropriate for license renewal. The rules shall establish a | 32956 |
| procedure by which a teacher may appeal the decision of a local | 32957 |
| professional development committee. | 32958 |
| (2) In any school district in which there is no exclusive | 32959 |
| representative established under Chapter 4117. of the Revised | 32960 |
| Code, the professional development committees shall be established | 32961 |
| as described in division (C)(2) of this section. | 32962 |
| Not later than the effective date of the rules adopted under | 32963 |
| this section, the board of education of each school district shall | 32964 |
| establish the structure for one or more local professional | 32965 |
| development committees to be operated by such school district. The | 32966 |
| committee structure so established by a district board shall | 32967 |
| remain in effect unless within thirty days prior to an anniversary | 32968 |
| of the date upon which the current committee structure was | 32969 |
| established, the board provides notice to all affected district | 32970 |
| employees that the committee structure is to be modified. | 32971 |
| Professional development committees may have a district-level or | 32972 |
| building-level scope of operations, and may be established with | 32973 |
| regard to particular grade or age levels for which an educator | 32974 |
| license is designated. | 32975 |
| Each professional development committee shall consist of at | 32976 |
| least three classroom teachers employed by the district, one | 32977 |
| principal employed by the district, and one other employee of the | 32978 |
| district appointed by the district superintendent. For committees | 32979 |
| with a building-level scope, the teacher and principal members | 32980 |
| shall be assigned to that building, and the teacher members shall | 32981 |
| be elected by majority vote of the classroom teachers assigned to | 32982 |
| that building. For committees with a district-level scope, the | 32983 |
| teacher members shall be elected by majority vote of the classroom | 32984 |
| teachers of the district, and the principal member shall be | 32985 |
| elected by a majority vote of the principals of the district, | 32986 |
| unless there are two or fewer principals employed by the district, | 32987 |
| in which case the one or two principals employed shall serve on | 32988 |
| the committee. If a committee has a particular grade or age level | 32989 |
| scope, the teacher members shall be licensed to teach such grade | 32990 |
| or age levels, and shall be elected by majority vote of the | 32991 |
| classroom teachers holding such a license and the principal shall | 32992 |
| be elected by all principals serving in buildings where any such | 32993 |
| teachers serve. The district superintendent shall appoint a | 32994 |
| replacement to fill any vacancy that occurs on a professional | 32995 |
| development committee, except in the case of vacancies among the | 32996 |
| elected classroom teacher members, which shall be filled by vote | 32997 |
| of the remaining members of the committee so selected. | 32998 |
| Terms of office on professional development committees shall | 32999 |
| be prescribed by the district board establishing the committees. | 33000 |
| The conduct of elections for members of professional development | 33001 |
| committees shall be prescribed by the district board establishing | 33002 |
| the committees. A professional development committee may include | 33003 |
| additional members, except that the majority of members on each | 33004 |
| such committee shall be classroom teachers employed by the | 33005 |
| district. Any member appointed to fill a vacancy occurring prior | 33006 |
| to the expiration date of the term for which a predecessor was | 33007 |
| appointed shall hold office as a member for the remainder of that | 33008 |
| term. | 33009 |
| The initial meeting of any professional development | 33010 |
| committee, upon election and appointment of all committee members, | 33011 |
| shall be called by a member designated by the district | 33012 |
| superintendent. At this initial meeting, the committee shall | 33013 |
| select a chairperson and such other officers the committee deems | 33014 |
| necessary, and shall adopt rules for the conduct of its meetings. | 33015 |
| Thereafter, the committee shall meet at the call of the | 33016 |
| chairperson or upon the filing of a petition with the district | 33017 |
| superintendent signed by a majority of the committee members | 33018 |
| calling for the committee to meet. | 33019 |
| (3) In the case of a school district in which an exclusive | 33020 |
| representative has been established pursuant to Chapter 4117. of | 33021 |
| the Revised Code, professional development committees shall be | 33022 |
| established in accordance with any collective bargaining agreement | 33023 |
| in effect in the district that includes provisions for such | 33024 |
| committees. | 33025 |
| If the collective bargaining agreement does not specify a | 33026 |
| different method for the selection of teacher members of the | 33027 |
| committees, the exclusive representative of the district's | 33028 |
| teachers shall select the teacher members. | 33029 |
| If the collective bargaining agreement does not specify a | 33030 |
| different structure for the committees, the board of education of | 33031 |
| the school district shall establish the structure, including the | 33032 |
| number of committees and the number of teacher and administrative | 33033 |
| members on each committee; the specific administrative members to | 33034 |
| be part of each committee; whether the scope of the committees | 33035 |
| will be district levels, building levels, or by type of grade or | 33036 |
| age levels for which educator licenses are designated; the lengths | 33037 |
| of terms for members; the manner of filling vacancies on the | 33038 |
| committees; and the frequency and time and place of meetings. | 33039 |
| However, in all cases, except as provided in division (C)(4) of | 33040 |
| this section, there shall be a majority of teacher members of any | 33041 |
| professional development committee, there shall be at least five | 33042 |
| total members of any professional development committee, and the | 33043 |
| exclusive representative shall designate replacement members in | 33044 |
| the case of vacancies among teacher members, unless the collective | 33045 |
| bargaining agreement specifies a different method of selecting | 33046 |
| such replacements. | 33047 |
| (4) Whenever an administrator's coursework plan is being | 33048 |
| discussed or voted upon, the local professional development | 33049 |
| committee shall, at the request of one of its administrative | 33050 |
| members, cause a majority of the committee to consist of | 33051 |
| administrative members by reducing the number of teacher members | 33052 |
| voting on the plan. | 33053 |
| (D)(1) The department of education, educational service | 33054 |
| centers, county boards of mental retardation and developmental | 33055 |
| disabilities, regional professional development centers, special | 33056 |
| education regional resource centers, college and university | 33057 |
| departments of education, head start programs, the eTech Ohio | 33058 |
| 33059 | |
| establish local professional development committees to determine | 33060 |
| whether the coursework proposed by their employees who are | 33061 |
| licensed or certificated under this section or section 3319.222 of | 33062 |
| the Revised Code meet the requirements of the rules adopted under | 33063 |
| this section. They may establish local professional development | 33064 |
| committees on their own or in collaboration with a school district | 33065 |
| or other agency having authority to establish them. | 33066 |
| Local professional development committees established by | 33067 |
| county boards of mental retardation and developmental disabilities | 33068 |
| shall be structured in a manner comparable to the structures | 33069 |
| prescribed for school districts in divisions (C)(2) and (3) of | 33070 |
| this section, as shall the committees established by any other | 33071 |
| entity specified in division (D)(1) of this section that provides | 33072 |
| educational services by employing or contracting for services of | 33073 |
| classroom teachers licensed or certificated under this section or | 33074 |
| section 3319.222 of the Revised Code. All other entities specified | 33075 |
| in division (D)(1) of this section shall structure their | 33076 |
| committees in accordance with guidelines which shall be issued by | 33077 |
| the state board. | 33078 |
| (2) Any public agency that is not specified in division | 33079 |
| (D)(1) of this section but provides educational services and | 33080 |
| employs or contracts for services of classroom teachers licensed | 33081 |
| or certificated under this section or section 3319.222 of the | 33082 |
| Revised Code may establish a local professional development | 33083 |
| committee, subject to the approval of the department of education. | 33084 |
| The committee shall be structured in accordance with guidelines | 33085 |
| issued by the state board. | 33086 |
| Sec. 3319.235. (A) The standards for the preparation of | 33087 |
| teachers adopted under section 3319.23 of the Revised Code shall | 33088 |
| require any institution that provides a course of study for the | 33089 |
| training of teachers to ensure that graduates of such course of | 33090 |
| study are skilled at integrating educational technology in the | 33091 |
| instruction of children, as evidenced by the graduate having | 33092 |
| either demonstrated proficiency in such skills in a manner | 33093 |
| prescribed by the department of education or completed a course | 33094 |
| that includes training in such skills. | 33095 |
| (B) The eTech Ohio | 33096 |
| 33097 | |
| professional development programs to assist teachers who completed | 33098 |
| their teacher preparation prior to the effective date of division | 33099 |
| (A) of this section to become skilled at integrating educational | 33100 |
| technology in the instruction of children. The commission shall | 33101 |
| provide technical assistance to school districts wishing to | 33102 |
| establish such programs. | 33103 |
| Sec. 3319.55. (A) A grant program is hereby established to | 33104 |
| recognize and reward teachers in public and chartered nonpublic | 33105 |
| schools who hold valid teaching certificates or licenses issued by | 33106 |
| the national board for professional teaching standards. The | 33107 |
| superintendent of public instruction shall administer this program | 33108 |
| in accordance with this section and rules which the state board of | 33109 |
| education shall adopt in accordance with Chapter 119. of the | 33110 |
| Revised Code. | 33111 |
| In each fiscal year that the general assembly appropriates | 33112 |
| funds for purposes of this section, the superintendent of public | 33113 |
| instruction shall award a grant to each person who, by the first | 33114 |
| day of April of that year and in accordance with the rules adopted | 33115 |
| under this section, submits to the superintendent evidence | 33116 |
| indicating all of the following: | 33117 |
| (1) The person holds a valid certificate or license issued by | 33118 |
| the national board for professional teaching standards; | 33119 |
| (2) The person has been employed full-time as a teacher by | 33120 |
| the board of education of a school district or by a chartered | 33121 |
| nonpublic school in this state during the current school year; | 33122 |
| (3) The date the person was accepted into the national board | 33123 |
| certification or licensure program. | 33124 |
| An individual may receive a grant under this section in each | 33125 |
| fiscal year the person is eligible for a grant and submits | 33126 |
| evidence of that eligibility in accordance with this section. No | 33127 |
| person may receive a grant after the expiration of the person's | 33128 |
| initial certification or license issued by the national board. | 33129 |
| (B) The amount of the grant awarded to each eligible person | 33130 |
| under division (A) of this section in any fiscal year shall equal | 33131 |
| the following: | 33132 |
| (1) Two thousand five hundred dollars for any teacher | 33133 |
| accepted as a candidate for certification or licensure by the | 33134 |
| national board on or before May 31, 2003, and issued a certificate | 33135 |
| or license by the national board on or before December 31, 2004; | 33136 |
| (2) One thousand dollars for any other teacher issued a | 33137 |
| certificate or license by the national board. | 33138 |
| However, if the funds appropriated for purposes of this | 33139 |
| section in any fiscal year are not sufficient to award the full | 33140 |
| grant amount to each person who is eligible in that fiscal year, | 33141 |
| the superintendent shall prorate the amount of the grant awarded | 33142 |
| in that fiscal year to each eligible person. | 33143 |
| Sec. 3323.021. As used in this section, "participating | 33144 |
| county MR/DD board" means a county board of mental retardation and | 33145 |
| developmental disabilities electing to participate in the | 33146 |
| provision of or contracting for educational services for children | 33147 |
| under division (D) of section 5126.05 of the Revised Code. | 33148 |
| (A) When a school district, educational service center, or | 33149 |
| participating county MR/DD board enters into an agreement or | 33150 |
| contract with another school district, educational service center, | 33151 |
| or participating county MR/DD board to provide educational | 33152 |
| services to a disabled child during a school year, both of the | 33153 |
| following shall apply: | 33154 |
| (1) Beginning with fiscal year 1999, if the provider of the | 33155 |
| services intends to increase the amount it charges for some or all | 33156 |
| of those services during the next school year or if the provider | 33157 |
| intends to cease offering all or part of those services during the | 33158 |
| next school year, the provider shall notify the entity for which | 33159 |
| the services are provided of these intended changes no later that | 33160 |
| the first day of March of the current fiscal year. | 33161 |
| (2) Beginning with fiscal year 1999, if the entity for which | 33162 |
| services are provided intends to cease obtaining those services | 33163 |
| from the provider for the next school year or intends to change | 33164 |
| the type or amount of services it obtains from the provider for | 33165 |
| the next school year, the entity shall notify the service provider | 33166 |
| of these intended changes no later than the first day of March of | 33167 |
| the current fiscal year. | 33168 |
| (B) School districts, educational service centers, | 33169 |
| participating county MR/DD boards, and other applicable | 33170 |
| governmental entities shall collaborate where possible to maximize | 33171 |
|
federal sources of revenue | 33172 |
| 33173 | |
| 33174 | |
| special education related services for disabled children. | 33175 |
| Annually, each school district shall report to the department of | 33176 |
| education any amounts of money the district received through such | 33177 |
| medical assistance program. | 33178 |
| (C) The state board of education, the department of mental | 33179 |
| retardation and developmental disabilities, and the department of | 33180 |
| job and family services shall develop working agreements for | 33181 |
| pursuing additional funds for services for disabled children. | 33182 |
| Sec. 3323.091. (A) The department of mental health, the | 33183 |
| department of mental retardation and developmental disabilities, | 33184 |
| the department of youth services, and the department of | 33185 |
| rehabilitation and correction shall establish and maintain special | 33186 |
| education programs for handicapped children in institutions under | 33187 |
| their jurisdiction according to standards adopted by the state | 33188 |
|
board of education. | 33189 |
| (B) The superintendent of each state institution required to | 33190 |
| provide services under division (A) of this section, and each | 33191 |
| county MR/DD board, providing special education for handicapped | 33192 |
| preschool children under this chapter may apply to the state | 33193 |
| department of education for unit funding, which shall be paid in | 33194 |
| accordance with sections 3317.052 and 3317.053 of the Revised | 33195 |
| Code. | 33196 |
| | 33197 |
| to provide services under division (A) of this section may apply | 33198 |
| to the department of education for special education and related | 33199 |
| services weighted funding for handicapped children other than | 33200 |
| handicapped preschool children, calculated in accordance with | 33201 |
| section 3317.201 of the Revised Code. | 33202 |
| Each county MR/DD board providing special education for | 33203 |
| handicapped children other than handicapped preschool children may | 33204 |
| apply to the department of education for base cost and special | 33205 |
| education and related services weighted funding calculated in | 33206 |
| accordance with section 3317.20 of the Revised Code. | 33207 |
| (C) In addition to the authorization to apply for state | 33208 |
| funding described in division (B) of this section, each state | 33209 |
| institution required to provide services under division (A) of | 33210 |
| this section is entitled to tuition payments calculated in the | 33211 |
| manner described in division (C) of this section. | 33212 |
| On or before the thirtieth day of June of each year, the | 33213 |
| superintendent of each institution that during the school year | 33214 |
| provided special education pursuant to this section shall prepare | 33215 |
| a statement for each handicapped child under twenty-two years of | 33216 |
| age who has received special education. The statement shall | 33217 |
| contain the child's name and the name of the child's school | 33218 |
| district of residence. Within sixty days after receipt of such | 33219 |
| statement, the department of education shall perform one of the | 33220 |
| following: | 33221 |
| (1) For any child except a handicapped preschool child | 33222 |
|
described in division | 33223 |
| institution submitting the statement an amount equal to the | 33224 |
| tuition calculated under division (A) of section 3317.08 of the | 33225 |
| Revised Code for the period covered by the statement, and deduct | 33226 |
| the same from the amount of state funds, if any, payable under | 33227 |
| sections 3317.022 and 3317.023 of the Revised Code, to the child's | 33228 |
| school district of residence or, if the amount of such state funds | 33229 |
| is insufficient, require the child's school district of residence | 33230 |
| to pay the institution submitting the statement an amount equal to | 33231 |
| the amount determined under this division. | 33232 |
| (2) For any handicapped preschool child not included in a | 33233 |
| unit approved under division (B) of section 3317.05 of the Revised | 33234 |
| Code, perform the following: | 33235 |
| (a) Pay to the institution submitting the statement an amount | 33236 |
| equal to the tuition calculated under division (B) of section | 33237 |
| 3317.08 of the Revised Code for the period covered by the | 33238 |
| statement, except that in calculating the tuition under that | 33239 |
| section the operating expenses of the institution submitting the | 33240 |
| statement under this section shall be used instead of the | 33241 |
| operating expenses of the school district of residence; | 33242 |
| (b) Deduct from the amount of state funds, if any, payable | 33243 |
| under sections 3317.022 and 3317.023 of the Revised Code to the | 33244 |
| child's school district of residence an amount equal to the amount | 33245 |
|
paid under division | 33246 |
| Sec. 3323.14. This section does not apply to any handicapped | 33247 |
| preschool child except if included in a unit approved under | 33248 |
| division (B) of section 3317.05 of the Revised Code. | 33249 |
| (A) Where a child who is a school resident of one school | 33250 |
| district receives special education from another district and the | 33251 |
| per capita cost to the educating district for that child exceeds | 33252 |
| the sum of the amount received by the educating district for that | 33253 |
| child under division (A) of section 3317.08 of the Revised Code | 33254 |
| and the amount received by the district from the state board of | 33255 |
| education for that child, then the board of education of the | 33256 |
| district of residence shall pay | 33257 |
| school district that is providing the special education such | 33258 |
| excess cost as is determined by using a formula approved by the | 33259 |
| department of education and agreed upon in contracts entered into | 33260 |
| by the boards of the district concerned at the time the district | 33261 |
| providing such special education accepts the child for enrollment. | 33262 |
| The department of education shall certify the amount of the | 33263 |
| payments under Chapter 3317. of the Revised Code for such | 33264 |
| handicapped pupils for each school year ending on the thirtieth | 33265 |
| day of July. | 33266 |
| (B) In the case of a child described in division (A) of this | 33267 |
| section who has been placed in a home, as defined in section | 33268 |
| 3313.64 of the Revised Code, pursuant to the order of a court and | 33269 |
| who is not subject to section 3323.141 of the Revised Code, the | 33270 |
| district providing the child with special education and related | 33271 |
| services may charge to the child's district of residence the | 33272 |
| excess cost determined by formula approved by the department, | 33273 |
| regardless of whether the district of residence has entered into a | 33274 |
| contract with the district providing the services. If the district | 33275 |
| providing the services chooses to charge excess costs, the | 33276 |
| district may report the amount calculated under this division to | 33277 |
| the department. | 33278 |
| (C) If a district providing special education for a child | 33279 |
| reports an amount for the excess cost of those services, as | 33280 |
| authorized and calculated under division (A) or (B) of this | 33281 |
| section, the department shall pay that amount of excess cost to | 33282 |
| the district providing the services and shall deduct that amount | 33283 |
| from the child's district of residence in accordance with division | 33284 |
| (N) of section 3317.023 of the Revised Code. | 33285 |
| Sec. 3323.16. No unit for deaf children shall be disapproved | 33286 |
| for funding
under division (B) | 33287 |
| Revised Code on the basis of the methods of instruction used in | 33288 |
| educational programs in the school district or institution to | 33289 |
| teach deaf children to communicate, and no preference in approving | 33290 |
| units for funding shall be given for teaching deaf children by the | 33291 |
| oral, manual, total communication, or other method of instruction. | 33292 |
| | 33293 |
| 33294 | |
| disabilities begins receiving services for the first time under an | 33295 |
| individualized education program | 33296 |
| 33297 | |
| enrolled shall require the student to undergo a comprehensive eye | 33298 |
| examination performed either by an optometrist licensed under | 33299 |
| Chapter 4725. of the Revised Code or by a physician authorized | 33300 |
| under Chapter 4731. of the Revised Code to practice medicine and | 33301 |
| surgery or osteopathic medicine and surgery who is comprehensively | 33302 |
| trained and educated in the treatment of the human eye, eye | 33303 |
| disease, or comprehensive vision services, unless the student | 33304 |
| underwent such an examination within the nine-month period | 33305 |
| immediately prior to being identified with disabilities. | 33306 |
| However, no student who has not undergone the eye examination | 33307 |
| required under this section shall be prohibited from initiating, | 33308 |
| receiving, or continuing to receive services prescribed in the | 33309 |
| student's individualized education program. | 33310 |
| (B) The superintendent of each school district or the | 33311 |
| superintendent's designee may determine fulfillment of the | 33312 |
| requirement prescribed in division (A) of this section based on | 33313 |
| any special circumstances of the student, the student's parent, | 33314 |
| guardian, or family that may prevent the student from undergoing | 33315 |
| the eye examination prior to beginning special education services. | 33316 |
| (C) Except for a student who may be entitled to a | 33317 |
| comprehensive eye examination in the identification of the | 33318 |
| student's disabilities, in the development of the student's | 33319 |
| individualized education program, or as a related service under | 33320 |
| the student's individualized education program, neither the state | 33321 |
| nor any school district shall be responsible for paying for the | 33322 |
| eye examination required by this section. | 33323 |
| Sec. 3323.20. On July 1, 2006, and on each first day of July | 33324 |
| thereafter, the department of education shall electronically | 33325 |
| report to the general assembly the number of handicapped preschool | 33326 |
| children who received services for which the department made a | 33327 |
| payment to any provider during the previous fiscal year, | 33328 |
| disaggregated according to each category of handicap described in | 33329 |
| divisions (A) to (F) of section 3317.013 of the Revised Code, | 33330 |
| regardless of whether payment for services was based on the | 33331 |
| multiples prescribed in those divisions. | 33332 |
| Sec. 3323.30. The Ohio center for autism and low incidence | 33333 |
| is hereby established within the department of education's office | 33334 |
| for exceptional children, or any successor of that office. The | 33335 |
| center shall administer programs and coordinate services for | 33336 |
| infants, preschool and school-age children, and adults with autism | 33337 |
| and low incidence disabilities. The center's principal focus shall | 33338 |
| be programs and services for persons with autism. The center shall | 33339 |
| be under the direction of an executive director, appointed by the | 33340 |
| superintendent of public instruction in consultation with the | 33341 |
| advisory board established under section 3323.31 of the Revised | 33342 |
| Code. The department shall use state and federal funds | 33343 |
| appropriated to the department for operation of the center. | 33344 |
| As used in this section and in sections 3323.31 to 3323.33 of | 33345 |
| the Revised Code, "autism and low incidence disabilities" includes | 33346 |
| any of the following: | 33347 |
| (A) Autism; | 33348 |
| (B) Deafness or hearing handicap; | 33349 |
| (C) Multihandicap; | 33350 |
| (D) Orthopedic handicap; | 33351 |
| (E) Other health handicap; | 33352 |
| (F) Traumatic brain injury; | 33353 |
| (G) Visual disability. | 33354 |
| Sec. 3323.31. The superintendent of public instruction shall | 33355 |
| establish an advisory board to assist and advise the department of | 33356 |
| education in the operation of the Ohio center for autism and low | 33357 |
| incidence. As determined by the superintendent, the advisory board | 33358 |
| shall consist of individuals who are stakeholders in the service | 33359 |
| to persons with autism and low incidence disabilities, including, | 33360 |
| but not limited to, the following: | 33361 |
| (A) Persons with autism and low incidence disabilities; | 33362 |
| (B) Parents and family members; | 33363 |
| (C) Educators and other professionals; | 33364 |
| (D) Higher education instructors; | 33365 |
| (E) Representatives of state agencies. | 33366 |
| The advisory board shall be organized as determined by the | 33367 |
| superintendent. | 33368 |
| Members of the advisory board shall receive no compensation | 33369 |
| for their services. | 33370 |
| Sec. 3323.32. The Ohio center for autism and low incidence | 33371 |
| shall do all of the following: | 33372 |
| (A) Collaborate and consult with state agencies that serve | 33373 |
| persons with autism and low incidence disabilities; | 33374 |
| (B) Collaborate and consult with institutions of higher | 33375 |
| education in development and implementation of courses for | 33376 |
| educators and other professionals serving persons with autism and | 33377 |
| low incidence disabilities; | 33378 |
| (C) Collaborate with parent and professional organizations; | 33379 |
| (D) Create and implement programs for professional | 33380 |
| development, technical assistance, intervention services, and | 33381 |
| research in the treatment of persons with autism and low incidence | 33382 |
| disabilities; | 33383 |
| (E) Create a regional network for communication and | 33384 |
| dissemination of information among educators and professionals | 33385 |
| serving persons with autism and low incidence disabilities. The | 33386 |
| regional network shall address educational services, evaluation, | 33387 |
| diagnosis, assistive technology, family support, leisure and | 33388 |
| recreational activities, transition, employment and adult | 33389 |
| services, and medical care for persons with autism and low | 33390 |
| incidence disabilities. | 33391 |
| (F) Develop a statewide clearinghouse for information about | 33392 |
| autism spectrum disorders and low incidence disabilities, as | 33393 |
| described in section 3323.33 of the Revised Code. | 33394 |
| Sec. 3323.33. In developing a clearinghouse for information | 33395 |
| about autism spectrum disorders and low incidence disabilities, as | 33396 |
| required under section 3323.32 of the Revised Code, the Ohio | 33397 |
| center for autism and low incidence shall do all of the following: | 33398 |
| (A) Maintain a collection of resources for public | 33399 |
| distribution; | 33400 |
| (B) Monitor information on resources, trends, policies, | 33401 |
| services, and current educational interventions; | 33402 |
| (C) Respond to requests for information from parents and | 33403 |
| educators of children with autism and low incidence disabilities. | 33404 |
| Sec. 3324.10. (A) Prior to June 30, 2006, the state board of | 33405 |
| education shall adopt a model student acceleration policy | 33406 |
| addressing recommendations in the department of education's 2005 | 33407 |
| study conducted under the gifted research and demonstration grant | 33408 |
| program. The policy shall address, but not be limited to, whole | 33409 |
| grade acceleration, subject area acceleration, and early high | 33410 |
| school graduation. | 33411 |
| (B) The board of education of each city, local, and exempted | 33412 |
| village school district shall implement a student acceleration | 33413 |
| policy to take effect beginning in the 2006-2007 school year. The | 33414 |
| policy shall either be the model adopted by the state board under | 33415 |
| division (A) of this section or a policy covering similar issues | 33416 |
| that is adopted by the district board. | 33417 |
| Sec. 3325.10. The state school for the blind may receive and | 33418 |
| administer any federal funds relating to the education of blind or | 33419 |
| visually impaired students. The school for the blind also may | 33420 |
| accept and administer any gifts, donations, or bequests made to it | 33421 |
| for programs or services relating to the education of blind or | 33422 |
| visually impaired students. | 33423 |
| Sec. 3325.11. There is hereby created in the state treasury | 33424 |
| the state school for the blind student activity and work-study | 33425 |
| fund. Moneys received from donations, bequests, the school | 33426 |
| vocational program, and any other moneys designated for deposit in | 33427 |
| the fund by the superintendent of the state school for the blind | 33428 |
| shall be credited to the fund. Notwithstanding section 3325.01 of | 33429 |
| the Revised Code, the approval of the state board of education is | 33430 |
| not required to designate money for deposit into the fund. The | 33431 |
| school for the blind shall use money in the fund for school | 33432 |
| operating expenses, including, but not limited to, personal | 33433 |
| services, maintenance, and equipment related to student support, | 33434 |
| activities, and vocational programs, and for providing | 33435 |
| scholarships to students for further training upon graduation. | 33436 |
| Sec. 3325.12. There is hereby created the state school for | 33437 |
| the blind student account fund, which shall be in the custody of | 33438 |
| the treasurer of state but shall not be part of the state | 33439 |
| treasury. The fund shall consist of all moneys received from the | 33440 |
| parents or guardians of students attending the state school for | 33441 |
| the blind that are designated for use by the respective students | 33442 |
| in activities of their choice. The treasurer of state may invest | 33443 |
| any portion of the fund not needed for immediate use in the same | 33444 |
| manner as, and subject to laws regarding the investment of, state | 33445 |
| funds. The treasurer of state shall disburse money from the fund | 33446 |
| on order of the superintendent of the state school for the blind | 33447 |
| or the superintendent's designee. All investment earnings of the | 33448 |
| fund shall be credited to the fund and allocated among the student | 33449 |
| accounts in proportion to the amount invested from each student's | 33450 |
| account. | 33451 |
| Sec. 3325.15. The state school for the deaf may receive and | 33452 |
| administer any federal funds relating to the education of deaf or | 33453 |
| hearing-impaired students. The school for the deaf also may accept | 33454 |
| and administer any gifts, donations, or bequests given to it for | 33455 |
| programs or services relating to the education of deaf or | 33456 |
| hearing-impaired students. | 33457 |
| Sec. 3325.16. There is hereby created in the state treasury | 33458 |
| the state school for the deaf educational program expenses fund. | 33459 |
| Moneys received by the school from donations, bequests, student | 33460 |
| fundraising activities, fees charged for camps and workshops, gate | 33461 |
| receipts from athletic contests, and the student work experience | 33462 |
| program operated by the school, and any other moneys designated | 33463 |
| for deposit in the fund by the superintendent of the school, shall | 33464 |
| be credited to the fund. Notwithstanding section 3325.01 of the | 33465 |
| Revised Code, the approval of the state board of education is not | 33466 |
| required to designate money for deposit into the fund. The state | 33467 |
| school for the deaf shall use moneys in the fund for educational | 33468 |
| programs, after-school activities, and expenses associated with | 33469 |
| student activities and clubs. | 33470 |
| Sec. 3325.17. There is hereby created the state school for | 33471 |
| the deaf student account fund, which shall be in the custody of | 33472 |
| the treasurer of state but shall not be part of the state | 33473 |
| treasury. The fund shall consist of all moneys received from the | 33474 |
| parents or guardians of students attending the state school for | 33475 |
| the deaf that are designated for use by the respective students in | 33476 |
| activities of their choice. The treasurer of state may invest any | 33477 |
| portion of the fund not needed for immediate use in the same | 33478 |
| manner as, and subject to laws regarding the investment of, state | 33479 |
| funds. The treasurer of state shall disburse money from the fund | 33480 |
| on order of the superintendent of the state school for the deaf or | 33481 |
| the superintendent's designee. All investment earnings of the fund | 33482 |
| shall be credited to the fund and allocated among the student | 33483 |
| accounts in proportion to the amount invested from each student's | 33484 |
| account. | 33485 |
| Sec. 3327.01. Notwithstanding division (D) of section | 33486 |
| 3311.19 and division (D) of section 3311.52 of the Revised Code, | 33487 |
| this section and sections 3327.011, 3327.012, and 3327.02 of the | 33488 |
| Revised Code do not apply to any joint vocational or cooperative | 33489 |
| education school district. | 33490 |
| In all city, local, and exempted village school districts | 33491 |
| where resident school pupils in grades kindergarten through eight | 33492 |
| live more than two miles from the school for which the state board | 33493 |
| of education prescribes minimum standards pursuant to division (D) | 33494 |
| of section 3301.07 of the Revised Code and to which they are | 33495 |
| assigned by the board of education of the district of residence or | 33496 |
| to and from the nonpublic or community school which they attend | 33497 |
| the board of education shall provide transportation for such | 33498 |
| pupils to and from such school except as provided in section | 33499 |
| 3327.02 of the Revised Code. | 33500 |
| In all city, local, and exempted village school districts | 33501 |
| where pupil transportation is required under a career-technical | 33502 |
| plan approved by the state board of education under section | 33503 |
| 3313.90 of the Revised Code, for any student attending a | 33504 |
| career-technical program operated by another school district, | 33505 |
| including a joint vocational school district, as prescribed under | 33506 |
| that section, the board of education of the student's district of | 33507 |
| residence shall provide transportation from the public high school | 33508 |
| operated by that district to which the student is assigned to the | 33509 |
| career-technical program. | 33510 |
| In all city, local, and exempted village school districts the | 33511 |
| board may provide transportation for resident school pupils in | 33512 |
| grades nine through twelve to and from the high school to which | 33513 |
| they are assigned by the board of education of the district of | 33514 |
| residence or to and from the nonpublic or community high school | 33515 |
| which they attend for which the state board of education | 33516 |
| prescribes minimum standards pursuant to division (D) of section | 33517 |
| 3301.07 of the Revised Code. | 33518 |
| A board of education shall not be required to transport | 33519 |
| elementary or high school pupils to and from a nonpublic or | 33520 |
| community school where such transportation would require more than | 33521 |
| thirty minutes of direct travel time as measured by school bus | 33522 |
| from the public school building to which the pupils would be | 33523 |
| assigned if attending the public school designated by the district | 33524 |
| of residence. | 33525 |
| Where it is impractical to transport a pupil by school | 33526 |
| conveyance, a board of education may offer payment, in lieu of | 33527 |
| providing such transportation in accordance with section 3327.02 | 33528 |
| of the Revised Code. | 33529 |
| In all city, local, and exempted village school districts the | 33530 |
| board shall provide transportation for all children who are so | 33531 |
| crippled that they are unable to walk to and from the school for | 33532 |
| which the state board of education prescribes minimum standards | 33533 |
| pursuant to division (D) of section 3301.07 of the Revised Code | 33534 |
| and which they attend. In case of dispute whether the child is | 33535 |
| able to walk to and from the school, the health commissioner shall | 33536 |
| be the judge of such ability. In all city, exempted village, and | 33537 |
| local school districts the board shall provide transportation to | 33538 |
| and from school or special education classes for educable mentally | 33539 |
| retarded children in accordance with standards adopted by the | 33540 |
| state board of education. | 33541 |
| When transportation of pupils is provided the conveyance | 33542 |
| shall be run on a time schedule that shall be adopted and put in | 33543 |
| force by the board not later than ten days after the beginning of | 33544 |
| the school term. | 33545 |
| The cost of any transportation service authorized by this | 33546 |
| section shall be paid first out of federal funds, if any, | 33547 |
| available for the purpose of pupil transportation, and secondly | 33548 |
| out of state appropriations, in accordance with regulations | 33549 |
| adopted by the state board of education. | 33550 |
| No transportation of any pupils shall be provided by any | 33551 |
| board of education to or from any school which in the selection of | 33552 |
| pupils, faculty members, or employees, practices discrimination | 33553 |
| against any person on the grounds of race, color, religion, or | 33554 |
| national origin. | 33555 |
| Sec. 3332.092. Any school subject to this chapter receiving | 33556 |
| money under section 3333.12 or 3333.122 of the Revised Code on | 33557 |
| behalf of a student who is determined by the state board of career | 33558 |
| colleges and schools to be ineligible under such section because | 33559 |
| the program in which the student is enrolled does not lead to an | 33560 |
| associate or baccalaureate degree, shall be liable to the state | 33561 |
| for the amount specified in section 3333.12 or 3333.122 of the | 33562 |
| Revised Code. The state board of career colleges and schools shall | 33563 |
| suspend the certificate of registration of a school receiving | 33564 |
| money under section 3333.12 or 3333.122 of the Revised Code for | 33565 |
| such ineligible student until such time as the money is repaid to | 33566 |
| the Ohio board of regents. | 33567 |
| Sec. 3333.04. The Ohio board of regents shall: | 33568 |
| (A) Make studies of state policy in the field of higher | 33569 |
| education and formulate a master plan for higher education for the | 33570 |
| state, considering the needs of the people, the needs of the | 33571 |
| state, and the role of individual public and private institutions | 33572 |
| within the state in fulfilling these needs; | 33573 |
| (B)(1) Report annually to the governor and the general | 33574 |
| assembly on the findings from its studies and the master plan for | 33575 |
| higher education for the state; | 33576 |
| (2) Report at least semiannually to the general assembly and | 33577 |
| the governor the enrollment numbers at each state-assisted | 33578 |
| institution of higher education. | 33579 |
| (C) Approve or disapprove the establishment of new branches | 33580 |
| or academic centers of state colleges and universities; | 33581 |
| (D) Approve or disapprove the establishment of state | 33582 |
| technical colleges or any other state institution of higher | 33583 |
| education; | 33584 |
| (E) Recommend the nature of the programs, undergraduate, | 33585 |
| graduate, professional, state-financed research, and public | 33586 |
| services which should be offered by the state colleges, | 33587 |
| universities, and other state-assisted institutions of higher | 33588 |
| education in order to utilize to the best advantage their | 33589 |
| facilities and personnel; | 33590 |
| (F) Recommend to the state colleges, universities, and other | 33591 |
| state-assisted institutions of higher education graduate or | 33592 |
| professional programs, including, but not limited to, doctor of | 33593 |
| philosophy, doctor of education, and juris doctor programs, that | 33594 |
| could be eliminated because they constitute unnecessary | 33595 |
| duplication, as shall be determined using the process developed | 33596 |
| pursuant to this section, or for other good and sufficient cause. | 33597 |
| For purposes of determining the amounts of any state instructional | 33598 |
| subsidies paid to these colleges, universities, and institutions, | 33599 |
| the board may exclude students enrolled in any program that the | 33600 |
| board has recommended for elimination pursuant to this division | 33601 |
| except that the board shall not exclude any such student who | 33602 |
| enrolled in the program prior to the date on which the board | 33603 |
| initially commences to exclude students under this division. The | 33604 |
| board of regents and these colleges, universities, and | 33605 |
| institutions shall jointly develop a process for determining which | 33606 |
| existing graduate or professional programs constitute unnecessary | 33607 |
| duplication. | 33608 |
| (G) Recommend to the state colleges, universities, and other | 33609 |
| state-assisted institutions of higher education programs which | 33610 |
| should be added to their present programs; | 33611 |
| (H) Conduct studies for the state colleges, universities, and | 33612 |
| other state-assisted institutions of higher education to assist | 33613 |
| them in making the best and most efficient use of their existing | 33614 |
| facilities and personnel; | 33615 |
| (I) Make recommendations to the governor and general assembly | 33616 |
| concerning the development of state-financed capital plans for | 33617 |
| higher education; the establishment of new state colleges, | 33618 |
| universities, and other state-assisted institutions of higher | 33619 |
| education; and the establishment of new programs at the existing | 33620 |
| state colleges, universities, and other institutions of higher | 33621 |
| education; | 33622 |
| (J) Review the appropriation requests of the public community | 33623 |
| colleges and the state colleges and universities and submit to the | 33624 |
| office of budget and management and to the chairpersons of the | 33625 |
| finance committees of the house of representatives and of the | 33626 |
| senate its recommendations in regard to the biennial higher | 33627 |
| education appropriation for the state, including appropriations | 33628 |
| for the individual state colleges and universities and public | 33629 |
| community colleges. For the purpose of determining the amounts of | 33630 |
| instructional subsidies to be paid to state-assisted colleges and | 33631 |
| universities, the board shall define "full-time equivalent | 33632 |
| student" by program per academic year. The definition may take | 33633 |
| into account the establishment of minimum enrollment levels in | 33634 |
| technical education programs below which support allowances will | 33635 |
| not be paid. Except as otherwise provided in this section, the | 33636 |
| board shall make no change in the definition of "full-time | 33637 |
| equivalent student" in effect on November 15, 1981, which would | 33638 |
| increase or decrease the number of subsidy-eligible full-time | 33639 |
| equivalent students, without first submitting a fiscal impact | 33640 |
| statement to the president of the senate, the speaker of the house | 33641 |
| of representatives,
| 33642 |
| legislative service commission, and the director of budget and | 33643 |
| management. The board shall work in close cooperation with the | 33644 |
| director of budget and management in this respect and in all other | 33645 |
| matters concerning the expenditures of appropriated funds by state | 33646 |
| colleges, universities, and other institutions of higher | 33647 |
| education. | 33648 |
| (K) Seek the cooperation and advice of the officers and | 33649 |
| trustees of both public and private colleges, universities, and | 33650 |
| other institutions of higher education in the state in performing | 33651 |
| its duties and making its plans, studies, and recommendations; | 33652 |
| (L) Appoint advisory committees consisting of persons | 33653 |
| associated with public or private secondary schools, members of | 33654 |
| the state board of education, or personnel of the state department | 33655 |
| of education; | 33656 |
| (M) Appoint advisory committees consisting of college and | 33657 |
| university personnel, or other persons knowledgeable in the field | 33658 |
| of higher education, or both, in order to obtain their advice and | 33659 |
| assistance in defining and suggesting solutions for the problems | 33660 |
| and needs of higher education in this state; | 33661 |
| (N) Approve or disapprove all new degrees and new degree | 33662 |
| programs at all state colleges, universities, and other | 33663 |
| state-assisted institutions of higher education; | 33664 |
| (O) Adopt such rules as are necessary to carry out its duties | 33665 |
| and responsibilities; | 33666 |
| (P) Establish and submit to the governor and the general | 33667 |
| assembly a clear and measurable set of goals and timetables for | 33668 |
| their achievement for each program under the supervision of the | 33669 |
| board that is designed to accomplish any of the following: | 33670 |
| (1) Increased access to higher education; | 33671 |
| (2) Job training; | 33672 |
| (3) Adult literacy; | 33673 |
| (4) Research; | 33674 |
| (5) Excellence in higher education; | 33675 |
| (6) Reduction in the number of graduate programs within the | 33676 |
| same subject area. | 33677 |
| In July of each odd-numbered year, the board of regents shall | 33678 |
| submit to the governor and the general assembly a report on | 33679 |
| progress made toward these goals. | 33680 |
| (Q) Make recommendations to the governor and the general | 33681 |
| assembly regarding the design and funding of the student financial | 33682 |
| aid programs specified in sections 3333.12, 3333.122, 3333.21 to | 33683 |
| 3333.27, and 5910.02 of the Revised Code; | 33684 |
| (R) Participate in education-related state or federal | 33685 |
| programs on behalf of the state and assume responsibility for the | 33686 |
| administration of such programs in accordance with applicable | 33687 |
| state or federal law; | 33688 |
| (S) Adopt rules for student financial aid programs as | 33689 |
| required by sections 3333.12, 3333.122, 3333.21 to 3333.27, | 33690 |
| 3333.28, 3333.29, and 5910.02 of the Revised Code, and perform any | 33691 |
| other administrative functions assigned to the board by those | 33692 |
| sections; | 33693 |
| (T) Administer contracts under sections 3702.74 and 3702.75 | 33694 |
| of the Revised Code in accordance with rules adopted by the | 33695 |
| director of health under section 3702.79 of the Revised Code; | 33696 |
| (U) Conduct enrollment audits of state-supported institutions | 33697 |
| of higher education; | 33698 |
| (V) Appoint consortiums of college and university personnel | 33699 |
| to participate in the development and operation of statewide | 33700 |
| collaborative efforts, including the Ohio supercomputer center, | 33701 |
| the Ohio academic resources network, OhioLink, and the Ohio | 33702 |
| learning network. For each consortium, the board shall designate a | 33703 |
| college or university to serve as that consortium's fiscal agent, | 33704 |
| financial officer, and employer. Any funds appropriated to the | 33705 |
| board for consortiums shall be distributed to the fiscal agents | 33706 |
| for the operation of the consortiums. A consortium shall follow | 33707 |
| the rules of the college or university that serves as its fiscal | 33708 |
| agent. | 33709 |
| Sec. 3333.044. (A) The Ohio board of regents may contract | 33710 |
| with any consultants that are necessary for the discharge of the | 33711 |
| board's duties under this chapter. | 33712 |
| (B) The Ohio board of regents may purchase, upon the terms | 33713 |
| that the board determines to be advisable, one or more policies of | 33714 |
| insurance from insurers authorized to do business in this state | 33715 |
| that insure consultants who have contracted with the board under | 33716 |
| division (A) of this section or members of an advisory committee | 33717 |
| appointed under section 3333.04 of the Revised Code, with respect | 33718 |
| to the activities of the consultants or advisory committee members | 33719 |
| in the course of the performance of their responsibilities as | 33720 |
| consultants or advisory committee members. | 33721 |
| (C) Subject to the approval of the controlling board, the | 33722 |
| Ohio board of regents may contract with any entities for the | 33723 |
| discharge of the board's duties and responsibilities under any of | 33724 |
| the programs established pursuant to sections 3333.12, 3333.122, | 33725 |
| 3333.21 to 3333.28, 3702.71 to 3702.81, and 5120.55, and Chapter | 33726 |
| 5910. of the Revised Code. The board shall not enter into a | 33727 |
| contract under this division unless the proposed contractor | 33728 |
| demonstrates that its primary purpose is to promote access to | 33729 |
| higher education by providing student financial assistance through | 33730 |
| loans, grants, or scholarships, and by providing high quality | 33731 |
| support services and information to students and their families | 33732 |
| with regard to such financial assistance. | 33733 |
| Chapter 125. of the Revised Code does not apply to contracts | 33734 |
| entered into pursuant to this section. In awarding contracts under | 33735 |
| this division, the board shall consider factors such as the cost | 33736 |
| of the administration of the contract, the experience of the | 33737 |
| contractor, and the contractor's ability to properly execute the | 33738 |
| contract. | 33739 |
| Sec. 3333.047. With regard to any state student financial aid | 33740 |
| program established in this chapter, Chapter 5910., or section | 33741 |
| 5919.34 of the Revised Code, the Ohio board of regents shall | 33742 |
| conduct audits to: | 33743 |
| (A) Determine the validity of information provided by | 33744 |
| students and parents regarding eligibility for state student | 33745 |
| financial aid. If the board determines that eligibility data has | 33746 |
| been reported incorrectly or inaccurately, and where the board | 33747 |
| determines an adjustment to be appropriate, the institution of | 33748 |
| higher education shall adjust the financial aid awarded to the | 33749 |
| student. | 33750 |
| (B) Ensure that institutions of higher education are in | 33751 |
| compliance with the board's rules governing state student | 33752 |
| financial aid programs. An institution that fails to comply with | 33753 |
| the board's rules in the administration of any state student | 33754 |
| financial aid program shall be fully liable to reimburse the board | 33755 |
| for the unauthorized use of student financial aid funds. | 33756 |
| Sec. 3333.12. (A) As used in this section: | 33757 |
| (1) "Eligible student" means an undergraduate student who is: | 33758 |
| (a) An Ohio resident enrolled in an undergraduate program | 33759 |
| before the 2006-2007 academic year; | 33760 |
| (b) Enrolled in either of the following: | 33761 |
| (i) An accredited institution of higher education in this | 33762 |
| state that meets the requirements of Title VI of the Civil Rights | 33763 |
| Act of 1964 and is state-assisted, is nonprofit and has a | 33764 |
| certificate of authorization from the Ohio board of regents | 33765 |
| pursuant to Chapter 1713. of the Revised Code, has a certificate | 33766 |
| of registration from the state board of career colleges and | 33767 |
| schools and program authorization to award an associate or | 33768 |
| bachelor's degree, or is a private institution exempt from | 33769 |
| regulation under Chapter 3332. of the Revised Code as prescribed | 33770 |
| in section 3333.046 of the Revised Code. Students who attend an | 33771 |
| institution that holds a certificate of registration shall be | 33772 |
| enrolled in a program leading to an associate or bachelor's degree | 33773 |
| for which associate or bachelor's degree program the institution | 33774 |
| has program authorization issued under section 3332.05 of the | 33775 |
| Revised Code. | 33776 |
| (ii) A technical education program of at least two years | 33777 |
| duration sponsored by a private institution of higher education in | 33778 |
| this state that meets the requirements of Title VI of the Civil | 33779 |
| Rights Act of 1964. | 33780 |
| (c) Enrolled as a full-time student or enrolled as a less | 33781 |
| than full-time student for the term expected to be the student's | 33782 |
| final term of enrollment and is enrolled for the number of credit | 33783 |
| hours necessary to complete the requirements of the program in | 33784 |
| which the student is enrolled. | 33785 |
| (2) "Gross income" includes all taxable and nontaxable income | 33786 |
| of the parents, the student, and the student's spouse, except | 33787 |
| income derived from an Ohio academic scholarship, income earned by | 33788 |
| the student between the last day of the spring term and the first | 33789 |
| day of the fall term, and other income exclusions designated by | 33790 |
| the board. Gross income may be verified to the board by the | 33791 |
| institution in which the student is enrolled using the federal | 33792 |
| financial aid eligibility verification process or by other means | 33793 |
| satisfactory to the board. | 33794 |
| (3) "Resident," "full-time student," "dependent," | 33795 |
| "financially independent," and "accredited" shall be defined by | 33796 |
| rules adopted by the board. | 33797 |
| (B) The Ohio board of regents shall establish and administer | 33798 |
| an instructional grant program and may adopt rules to carry out | 33799 |
| this section. The general assembly shall support the instructional | 33800 |
| grant program by such sums and in such manner as it may provide, | 33801 |
| but the board may also receive funds from other sources to support | 33802 |
| the program. If the amounts available for support of the program | 33803 |
| are inadequate to provide grants to all eligible students, | 33804 |
| preference in the payment of grants shall be given in terms of | 33805 |
| income, beginning with the lowest income category of gross income | 33806 |
| and proceeding upward by category to the highest gross income | 33807 |
| category. | 33808 |
| An instructional grant shall be paid to an eligible student | 33809 |
| through the institution in which the student is enrolled, except | 33810 |
| that no instructional grant shall be paid to any person serving a | 33811 |
| term of imprisonment. Applications for such grants shall be made | 33812 |
| as prescribed by the board, and such applications may be made in | 33813 |
| conjunction with and upon the basis of information provided in | 33814 |
| conjunction with student assistance programs funded by agencies of | 33815 |
| the United States government or from financial resources of the | 33816 |
| institution of higher education. The institution shall certify | 33817 |
| that the student applicant meets the requirements set forth in | 33818 |
| divisions (A)(1)(b) and (c) of this section. Instructional grants | 33819 |
| shall be provided to an eligible student only as long as the | 33820 |
| student is making appropriate progress toward a nursing diploma or | 33821 |
| an associate or bachelor's degree. No student shall be eligible to | 33822 |
| receive a grant for more than ten semesters, fifteen quarters, or | 33823 |
| the equivalent of five academic years. A grant made to an eligible | 33824 |
| student on the basis of less than full-time enrollment shall be | 33825 |
| based on the number of credit hours for which the student is | 33826 |
| enrolled and shall be computed in accordance with a formula | 33827 |
| adopted by the board. No student shall receive more than one grant | 33828 |
| on the basis of less than full-time enrollment. | 33829 |
| An instructional grant shall not exceed the total | 33830 |
| instructional and general charges of the institution. | 33831 |
| (C) The tables in this division prescribe the maximum grant | 33832 |
| amounts covering two semesters, three quarters, or a comparable | 33833 |
| portion of one academic year. Grant amounts for additional terms | 33834 |
| in the same academic year shall be determined under division (D) | 33835 |
| of this section. | 33836 |
| For a full-time student who is a dependent and enrolled in a | 33837 |
| nonprofit educational institution that is not a state-assisted | 33838 |
| institution and that has a certificate of authorization issued | 33839 |
| pursuant to Chapter 1713. of the Revised Code, the amount of the | 33840 |
| instructional grant for two semesters, three quarters, or a | 33841 |
| comparable portion of the academic year shall be determined in | 33842 |
| accordance with the following table: | 33843 |
| 33844 |
| 33845 |
| Maximum Grant $5,466 | 33846 | ||
| Gross Income | Number of Dependents | 33847 |
| 1 | 2 | 3 | 4 | 5 or more | 33848 |
| $0 - $15,000 | $5,466 | $5,466 | $5,466 | $5,466 | $5,466 | 33849 | ||||||
| $15,001 - $16,000 | 4,920 | 5,466 | 5,466 | 5,466 | 5,466 | 33850 | ||||||
| $16,001 - $17,000 | 4,362 | 4,920 | 5,466 | 5,466 | 5,466 | 33851 | ||||||
| $17,001 - $18,000 | 3,828 | 4,362 | 4,920 | 5,466 | 5,466 | 33852 | ||||||
| $18,001 - $19,000 | 3,288 | 3,828 | 4,362 | 4,920 | 5,466 | 33853 | ||||||
| $19,001 - $22,000 | 2,736 | 3,288 | 3,828 | 4,362 | 4,920 | 33854 | ||||||
| $22,001 - $25,000 | 2,178 | 2,736 | 3,288 | 3,828 | 4,362 | 33855 | ||||||
| $25,001 - $28,000 | 1,626 | 2,178 | 2,736 | 3,288 | 3,828 | 33856 | ||||||
| $28,001 - $31,000 | 1,344 | 1,626 | 2,178 | 2,736 | 3,288 | 33857 | ||||||
| $31,001 - $32,000 | 1,080 | 1,344 | 1,626 | 2,178 | 2,736 | 33858 | ||||||
| $32,001 - $33,000 | 984 | 1,080 | 1,344 | 1,626 | 2,178 | 33859 | ||||||
| $33,001 - $34,000 | 888 | 984 | 1,080 | 1,344 | 1,626 | 33860 | ||||||
| $34,001 - $35,000 | 444 | 888 | 984 | 1,080 | 1,344 | 33861 | ||||||
| $35,001 - $36,000 | -- | 444 | 888 | 984 | 1,080 | 33862 | ||||||
| $36,001 - $37,000 | -- | -- | 444 | 888 | 984 | 33863 | ||||||
| $37,001 - $38,000 | -- | -- | -- | 444 | 888 | 33864 | ||||||
| $38,001 - $39,000 | -- | -- | -- | -- | 444 | 33865 |
| For a full-time student who is financially independent and | 33866 |
| enrolled in a nonprofit educational institution that is not a | 33867 |
| state-assisted institution and that has a certificate of | 33868 |
| authorization issued pursuant to Chapter 1713. of the Revised | 33869 |
| Code, the amount of the instructional grant for two semesters, | 33870 |
| three quarters, or a comparable portion of the academic year shall | 33871 |
| be determined in accordance with the following table: | 33872 |
| 33873 |
| 33874 |
| Maximum Grant $5,466 | 33875 | ||
| Gross Income | Number of Dependents | 33876 |
| 0 | 1 | 2 | 3 | 4 | 5 or more | 33877 |
| $0 - $4,800 | $5,466 | $5,466 | $5,466 | $5,466 | $5,466 | $5,466 | 33878 | ||||
| $4,801 - $5,300 | 4,920 | 5,466 | 5,466 | 5,466 | 5,466 | 5,466 | 33879 | ||||
| $5,301 - $5,800 | 4,362 | 5,196 | 5,466 | 5,466 | 5,466 | 5,466 | 33880 | ||||
| $5,801 - $6,300 | 3,828 | 4,914 | 5,196 | 5,466 | 5,466 | 5,466 | 33881 | ||||
| $6,301 - $6,800 | 3,288 | 4,650 | 4,914 | 5,196 | 5,466 | 5,466 | 33882 | ||||
| $6,801 - $7,300 | 2,736 | 4,380 | 4,650 | 4,914 | 5,196 | 5,466 | 33883 | ||||
| $7,301 - $8,300 | 2,178 | 4,104 | 4,380 | 4,650 | 4,914 | 5,196 | 33884 | ||||
| $8,301 - $9,300 | 1,626 | 3,822 | 4,104 | 4,380 | 4,650 | 4,914 | 33885 | ||||
| $9,301 - $10,300 | 1,344 | 3,546 | 3,822 | 4,104 | 4,380 | 4,650 | 33886 | ||||
| $10,301 - $11,800 | 1,080 | 3,408 | 3,546 | 3,822 | 4,104 | 4,380 | 33887 | ||||
| $11,801 - $13,300 | 984 | 3,276 | 3,408 | 3,546 | 3,822 | 4,104 | 33888 | ||||
| $13,301 - $14,800 | 888 | 3,228 | 3,276 | 3,408 | 3,546 | 3,822 | 33889 | ||||
| $14,801 - $16,300 | 444 | 2,904 | 3,228 | 3,276 | 3,408 | 3,546 | 33890 | ||||
| $16,301 - $19,300 | -- | 2,136 | 2,628 | 2,952 | 3,276 | 3,408 | 33891 | ||||
| $19,301 - $22,300 | -- | 1,368 | 1,866 | 2,358 | 2,676 | 3,000 | 33892 | ||||
| $22,301 - $25,300 | -- | 1,092 | 1,368 | 1,866 | 2,358 | 2,676 | 33893 | ||||
| $25,301 - $30,300 | -- | 816 | 1,092 | 1,368 | 1,866 | 2,358 | 33894 | ||||
| $30,301 - $35,300 | -- | 492 | 540 | 672 | 816 | 1,314 | 33895 |
| For a full-time student who is a dependent and enrolled in an | 33896 |
| educational institution that holds a certificate of registration | 33897 |
| from the state board of career colleges and schools or a private | 33898 |
| institution exempt from regulation under Chapter 3332. of the | 33899 |
| Revised Code as prescribed in section 3333.046 of the Revised | 33900 |
| Code, the amount of the instructional grant for two semesters, | 33901 |
| three quarters, or a comparable portion of the academic year shall | 33902 |
| be determined in accordance with the following table: | 33903 |
| 33904 |
| 33905 |
| Maximum Grant $4,632 | 33906 | ||
| Gross Income | Number of Dependents | 33907 |
| 1 | 2 | 3 | 4 | 5 or more | 33908 |
| $0 - $15,000 | $4,632 | $4,632 | $4,632 | $4,632 | $4,632 | 33909 | ||||||
| $15,001 - $16,000 | 4,182 | 4,632 | 4,632 | 4,632 | 4,632 | 33910 | ||||||
| $16,001 - $17,000 | 3,684 | 4,182 | 4,632 | 4,632 | 4,632 | 33911 | ||||||
| $17,001 - $18,000 | 3,222 | 3,684 | 4,182 | 4,632 | 4,632 | 33912 | ||||||
| $18,001 - $19,000 | 2,790 | 3,222 | 3,684 | 4,182 | 4,632 | 33913 | ||||||
| $19,001 - $22,000 | 2,292 | 2,790 | 3,222 | 3,684 | 4,182 | 33914 | ||||||
| $22,001 - $25,000 | 1,854 | 2,292 | 2,790 | 3,222 | 3,684 | 33915 | ||||||
| $25,001 - $28,000 | 1,416 | 1,854 | 2,292 | 2,790 | 3,222 | 33916 | ||||||
| $28,001 - $31,000 | 1,134 | 1,416 | 1,854 | 2,292 | 2,790 | 33917 | ||||||
| $31,001 - $32,000 | 906 | 1,134 | 1,416 | 1,854 | 2,292 | 33918 | ||||||
| $32,001 - $33,000 | 852 | 906 | 1,134 | 1,416 | 1,854 | 33919 | ||||||
| $33,001 - $34,000 | 750 | 852 | 906 | 1,134 | 1,416 | 33920 | ||||||
| $34,001 - $35,000 | 372 | 750 | 852 | 906 | 1,134 | 33921 | ||||||
| $35,001 - $36,000 | -- | 372 | 750 | 852 | 906 | 33922 | ||||||
| $36,001 - $37,000 | -- | -- | 372 | 750 | 852 | 33923 | ||||||
| $37,001 - $38,000 | -- | -- | -- | 372 | 750 | 33924 | ||||||
| $38,001 - $39,000 | -- | -- | -- | -- | 372 | 33925 |
| For a full-time student who is financially independent and | 33926 |
| enrolled in an educational institution that holds a certificate of | 33927 |
| registration from the state board of career colleges and schools | 33928 |
| or a private institution exempt from regulation under Chapter | 33929 |
| 3332. of the Revised Code as prescribed in section 3333.046 of the | 33930 |
| Revised Code, the amount of the instructional grant for two | 33931 |
| semesters, three quarters, or a comparable portion of the academic | 33932 |
| year shall be determined in accordance with the following table: | 33933 |
| 33934 |
| 33935 |
| Maximum Grant $4,632 | 33936 | ||
| Gross Income | Number of Dependents | 33937 |
| 0 | 1 | 2 | 3 | 4 | 5 or more | 33938 |
| $0 - $4,800 | $4,632 | $4,632 | $4,632 | $4,632 | $4,632 | $4,632 | 33939 | ||||
| $4,801 - $5,300 | 4,182 | 4,632 | 4,632 | 4,632 | 4,632 | 4,632 | 33940 | ||||
| $5,301 - $5,800 | 3,684 | 4,410 | 4,632 | 4,632 | 4,632 | 4,632 | 33941 | ||||
| $5,801 - $6,300 | 3,222 | 4,158 | 4,410 | 4,632 | 4,632 | 4,632 | 33942 | ||||
| $6,301 - $6,800 | 2,790 | 3,930 | 4,158 | 4,410 | 4,632 | 4,632 | 33943 | ||||
| $6,801 - $7,300 | 2,292 | 3,714 | 3,930 | 4,158 | 4,410 | 4,632 | 33944 | ||||
| $7,301 - $8,300 | 1,854 | 3,462 | 3,714 | 3,930 | 4,158 | 4,410 | 33945 | ||||
| $8,301 - $9,300 | 1,416 | 3,246 | 3,462 | 3,714 | 3,930 | 4,158 | 33946 | ||||
| $9,301 - $10,300 | 1,134 | 3,024 | 3,246 | 3,462 | 3,714 | 3,930 | 33947 | ||||
| $10,301 - $11,800 | 906 | 2,886 | 3,024 | 3,246 | 3,462 | 3,714 | 33948 | ||||
| $11,801 - $13,300 | 852 | 2,772 | 2,886 | 3,024 | 3,246 | 3,462 | 33949 | ||||
| $13,301 - $14,800 | 750 | 2,742 | 2,772 | 2,886 | 3,024 | 3,246 | 33950 | ||||
| $14,801 - $16,300 | 372 | 2,466 | 2,742 | 2,772 | 2,886 | 3,024 | 33951 | ||||
| $16,301 - $19,300 | -- | 1,800 | 2,220 | 2,520 | 2,772 | 2,886 | 33952 | ||||
| $19,301 - $22,300 | -- | 1,146 | 1,584 | 1,986 | 2,268 | 2,544 | 33953 | ||||
| $22,301 - $25,300 | -- | 930 | 1,146 | 1,584 | 1,986 | 2,268 | 33954 | ||||
| $25,301 - $30,300 | -- | 708 | 930 | 1,146 | 1,584 | 1,986 | 33955 | ||||
| $30,301 - $35,300 | -- | 426 | 456 | 570 | 708 | 1,116 | 33956 |
| For a full-time student who is a dependent and enrolled in a | 33957 |
| state-assisted educational institution, the amount of the | 33958 |
| instructional grant for two semesters, three quarters, or a | 33959 |
| comparable portion of the academic year shall be determined in | 33960 |
| accordance with the following table: | 33961 |
| 33962 |
| 33963 |
| Maximum Grant $2,190 | 33964 | ||
| Gross Income | Number of Dependents | 33965 |
| 1 | 2 | 3 | 4 | 5 or more | 33966 |
| $0 - $15,000 | $2,190 | $2,190 | $2,190 | $2,190 | $2,190 | 33967 | ||||||
| $15,001 - $16,000 | 1,974 | 2,190 | 2,190 | 2,190 | 2,190 | 33968 | ||||||
| $16,001 - $17,000 | 1,740 | 1,974 | 2,190 | 2,190 | 2,190 | 33969 | ||||||
| $17,001 - $18,000 | 1,542 | 1,740 | 1,974 | 2,190 | 2,190 | 33970 | ||||||
| $18,001 - $19,000 | 1,320 | 1,542 | 1,740 | 1,974 | 2,190 | 33971 | ||||||
| $19,001 - $22,000 | 1,080 | 1,320 | 1,542 | 1,740 | 1,974 | 33972 | ||||||
| $22,001 - $25,000 | 864 | 1,080 | 1,320 | 1,542 | 1,740 | 33973 | ||||||
| $25,001 - $28,000 | 648 | 864 | 1,080 | 1,320 | 1,542 | 33974 | ||||||
| $28,001 - $31,000 | 522 | 648 | 864 | 1,080 | 1,320 | 33975 | ||||||
| $31,001 - $32,000 | 420 | 522 | 648 | 864 | 1,080 | 33976 | ||||||
| $32,001 - $33,000 | 384 | 420 | 522 | 648 | 864 | 33977 | ||||||
| $33,001 - $34,000 | 354 | 384 | 420 | 522 | 648 | 33978 | ||||||
| $34,001 - $35,000 | 174 | 354 | 384 | 420 | 522 | 33979 | ||||||
| $35,001 - $36,000 | -- | 174 | 354 | 384 | 420 | 33980 | ||||||
| $36,001 - $37,000 | -- | -- | 174 | 354 | 384 | 33981 | ||||||
| $37,001 - $38,000 | -- | -- | -- | 174 | 354 | 33982 | ||||||
| $38,001 - $39,000 | -- | -- | -- | -- | 174 | 33983 |
| For a full-time student who is financially independent and | 33984 |
| enrolled in a state-assisted educational institution, the amount | 33985 |
| of the instructional grant for two semesters, three quarters, or a | 33986 |
| comparable portion of the academic year shall be determined in | 33987 |
| accordance with the following table: | 33988 |
| 33989 |
| 33990 |
| Maximum Grant $2,190 | 33991 | ||
| Gross Income | Number of Dependents | 33992 |
| 0 | 1 | 2 | 3 | 4 | 5 or more | 33993 |
| $0 - $4,800 | $2,190 | $2,190 | $2,190 | $2,190 | $2,190 | $2,190 | 33994 | |||||
| $4,801 - $5,300 | 1,974 | 2,190 | 2,190 | 2,190 | 2,190 | 2,190 | 33995 | |||||
| $5,301 - $5,800 | 1,740 | 2,082 | 2,190 | 2,190 | 2,190 | 2,190 | 33996 | |||||
| $5,801 - $6,300 | 1,542 | 1,968 | 2,082 | 2,190 | 2,190 | 2,190 | 33997 | |||||
| $6,301 - $6,800 | 1,320 | 1,866 | 1,968 | 2,082 | 2,190 | 2,190 | 33998 | |||||
| $6,801 - $7,300 | 1,080 | 1,758 | 1,866 | 1,968 | 2,082 | 2,190 | 33999 | |||||
| $7,301 - $8,300 | 864 | 1,638 | 1,758 | 1,866 | 1,968 | 2,082 | 34000 | |||||
| $8,301 - $9,300 | 648 | 1,530 | 1,638 | 1,758 | 1,866 | 1,968 | 34001 | |||||
| $9,301 - $10,300 | 522 | 1,422 | 1,530 | 1,638 | 1,758 | 1,866 | 34002 | |||||
| $10,301 - $11,800 | 420 | 1,356 | 1,422 | 1,530 | 1,638 | 1,758 | 34003 | |||||
| $11,801 - $13,300 | 384 | 1,308 | 1,356 | 1,422 | 1,530 | 1,638 | 34004 | |||||
| $13,301 - $14,800 | 354 | 1,290 | 1,308 | 1,356 | 1,422 | 1,530 | 34005 | |||||
| $14,801 - $16,300 | 174 | 1,164 | 1,290 | 1,308 | 1,356 | 1,422 | 34006 | |||||
| $16,301 - $19,300 | -- | 858 | 1,050 | 1,182 | 1,308 | 1,356 | 34007 | |||||
| $19,301 - $22,300 | -- | 540 | 750 | 948 | 1,062 | 1,200 | 34008 | |||||
| $22,301 - $25,300 | -- | 432 | 540 | 750 | 948 | 1,062 | 34009 | |||||
| $25,301 - $30,300 | -- | 324 | 432 | 540 | 750 | 948 | 34010 | |||||
| $30,301 - $35,300 | -- | 192 | 210 | 264 | 324 | 522 | 34011 |
| (D) For a full-time student enrolled in an eligible | 34012 |
| institution for a semester or quarter in addition to the portion | 34013 |
| of the academic year covered by a grant determined under division | 34014 |
| (C) of this section, the maximum grant amount shall be a | 34015 |
| percentage of the maximum prescribed in the applicable table of | 34016 |
| that division. The maximum grant for a fourth quarter shall be | 34017 |
| one-third of the maximum amount prescribed under that division. | 34018 |
| The maximum grant for a third semester shall be one-half of the | 34019 |
| maximum amount prescribed under that division. | 34020 |
| (E) No grant shall be made to any student in a course of | 34021 |
| study in theology, religion, or other field of preparation for a | 34022 |
| religious profession unless such course of study leads to an | 34023 |
| accredited bachelor of arts, bachelor of science, associate of | 34024 |
| arts, or associate of science degree. | 34025 |
| (F)(1) Except as provided in division (F)(2) of this section, | 34026 |
| no grant shall be made to any student for enrollment during a | 34027 |
| fiscal year in an institution with a cohort default rate | 34028 |
| determined by the United States secretary of education pursuant to | 34029 |
| the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408, | 34030 |
| 20 U.S.C.A. 1085, as amended, as of the fifteenth day of June | 34031 |
| preceding the fiscal year, equal to or greater than thirty per | 34032 |
| cent for each of the preceding two fiscal years. | 34033 |
| (2) Division (F)(1) of this section does not apply to the | 34034 |
| following: | 34035 |
| (a) Any student enrolled in an institution that under the | 34036 |
| federal law appeals its loss of eligibility for federal financial | 34037 |
| aid and the United States secretary of education determines its | 34038 |
| cohort default rate after recalculation is lower than the rate | 34039 |
| specified in division (F)(1) of this section or the secretary | 34040 |
| determines due to mitigating circumstances the institution may | 34041 |
| continue to participate in federal financial aid programs. The | 34042 |
| board shall adopt rules requiring institutions to provide | 34043 |
| information regarding an appeal to the board. | 34044 |
| (b) Any student who has previously received a grant under | 34045 |
| this section who meets all other requirements of this section. | 34046 |
| (3) The board shall adopt rules for the notification of all | 34047 |
| institutions whose students will be ineligible to participate in | 34048 |
| the grant program pursuant to division (F)(1) of this section. | 34049 |
| (4) A student's attendance at an institution whose students | 34050 |
| lose eligibility for grants under division (F)(1) of this section | 34051 |
| shall not affect that student's eligibility to receive a grant | 34052 |
| when enrolled in another institution. | 34053 |
| (G) Institutions of higher education that enroll students | 34054 |
| receiving instructional grants under this section shall report to | 34055 |
| the board all students who have received instructional grants but | 34056 |
| are no longer eligible for all or part of such grants and shall | 34057 |
| refund any moneys due the state within thirty days after the | 34058 |
| beginning of the quarter or term immediately following the quarter | 34059 |
| or term in which the student was no longer eligible to receive all | 34060 |
| or part of the student's grant. There shall be an interest charge | 34061 |
| of one per cent per month on all moneys due and payable after such | 34062 |
| thirty-day period. The board shall immediately notify the office | 34063 |
| of budget and management and the legislative service commission of | 34064 |
| all refunds so received. | 34065 |
| Sec. 3333.121. There is hereby established in the state | 34066 |
| treasury the | 34067 |
| reconciliation fund, which shall consist of refunds of | 34068 |
| instructional grant payments made pursuant to section 3333.12 of | 34069 |
| the Revised Code and refunds of state need-based financial aid | 34070 |
| payments made pursuant to section 3333.122 of the Revised Code. | 34071 |
| Revenues credited to the fund shall be used by the Ohio board of | 34072 |
| regents to pay to higher education institutions any outstanding | 34073 |
| obligations from the prior year owed for the Ohio instructional | 34074 |
| grant program and the Ohio college opportunity grant program that | 34075 |
| are identified through the annual reconciliation and financial | 34076 |
| audit. Any amount in the fund that is in excess of the amount | 34077 |
| certified to the director of budget and management by the board of | 34078 |
| regents as necessary to reconcile prior year payments under the | 34079 |
| program shall be transferred to the general revenue fund. | 34080 |
| Sec. 3333.122. (A) As used in this section: | 34081 |
| (1) "Eligible student" means a student who is: | 34082 |
| (a) An Ohio resident who first enrolls in an undergraduate | 34083 |
| program in the 2006-2007 academic year or thereafter; | 34084 |
| (b) Enrolled in either of the following: | 34085 |
| (i) An accredited institution of higher education in this | 34086 |
| state that meets the requirements of Title VI of the Civil Rights | 34087 |
| Act of 1964 and is state-assisted, is nonprofit and has a | 34088 |
| certificate of authorization from the Ohio board of regents | 34089 |
| pursuant to Chapter 1713. of the Revised Code, has a certificate | 34090 |
| of registration from the state board of career colleges and | 34091 |
| schools and program authorization to award an associate or | 34092 |
| bachelor's degree, or is a private institution exempt from | 34093 |
| regulation under Chapter 3332. of the Revised Code as prescribed | 34094 |
| in section 3333.046 of the Revised Code. Students who attend an | 34095 |
| institution that holds a certificate of registration shall be | 34096 |
| enrolled in a program leading to an associate or bachelor's degree | 34097 |
| for which associate or bachelor's degree program the institution | 34098 |
| has program authorization issued under section 3332.05 of the | 34099 |
| Revised Code. | 34100 |
| (ii) A technical education program of at least two years | 34101 |
| duration sponsored by a private institution of higher education in | 34102 |
| this state that meets the requirements of Title VI of the Civil | 34103 |
| Rights Act of 1964. | 34104 |
| (2) A student who participated in either the early college | 34105 |
| high school program administered by the department of education or | 34106 |
| in the post-secondary enrollment options program pursuant to | 34107 |
| Chapter 3365. of the Revised Code before the 2006-2007 academic | 34108 |
| year shall not be excluded from eligibility for a need based grant | 34109 |
| under this section. | 34110 |
| (3) "Resident," "expected family contribution" or "EFC," | 34111 |
| "full-time student," "three-quarters-time student," "half-time | 34112 |
| student," "one-quarter-time student," and "accredited" shall be | 34113 |
| defined by rules adopted by the board. | 34114 |
| (B) The Ohio board of regents shall establish and administer | 34115 |
| a needs-based financial aid program based on the United States | 34116 |
| department of education's method of determining financial need and | 34117 |
| may adopt rules to carry out this section. The program shall be | 34118 |
| known as the Ohio college opportunity grant program. The general | 34119 |
| assembly shall support the needs-based financial aid program by | 34120 |
| such sums and in such manner as it may provide, but the board may | 34121 |
| also receive funds from other sources to support the program. If | 34122 |
| the amounts available for support of the program are inadequate to | 34123 |
| provide grants to all eligible students, preference in the payment | 34124 |
| of grants shall be given in terms of expected family contribution, | 34125 |
| beginning with the lowest expected family contribution category | 34126 |
| and proceeding upward by category to the highest expected family | 34127 |
| contribution category. | 34128 |
| A needs-based financial aid grant shall be paid to an | 34129 |
| eligible student through the institution in which the student is | 34130 |
| enrolled, except that no needs-based financial aid grant shall be | 34131 |
| paid to any person serving a term of imprisonment. Applications | 34132 |
| for such grants shall be made as prescribed by the board, and such | 34133 |
| applications may be made in conjunction with and upon the basis of | 34134 |
| information provided in conjunction with student assistance | 34135 |
| programs funded by agencies of the United States government or | 34136 |
| from financial resources of the institution of higher education. | 34137 |
| The institution shall certify that the student applicant meets the | 34138 |
| requirements set forth in divisions (A)(1)(a) and (b) of this | 34139 |
| section. Needs-based financial aid grants shall be provided to an | 34140 |
| eligible student only as long as the student is making appropriate | 34141 |
| progress toward a nursing diploma or an associate or bachelor's | 34142 |
| degree. No student shall be eligible to receive a grant for more | 34143 |
| than ten semesters, fifteen quarters, or the equivalent of five | 34144 |
| academic years. A grant made to an eligible student on the basis | 34145 |
| of less than full-time enrollment shall be based on the number of | 34146 |
| credit hours for which the student is enrolled and shall be | 34147 |
| computed in accordance with a formula adopted by the board. No | 34148 |
| student shall receive more than one grant on the basis of less | 34149 |
| than full-time enrollment. | 34150 |
| A needs-based financial aid grant shall not exceed the total | 34151 |
| instructional and general charges of the institution. | 34152 |
| (C) The tables in this division prescribe the maximum grant | 34153 |
| amounts covering two semesters, three quarters, or a comparable | 34154 |
| portion of one academic year. Grant amounts for additional terms | 34155 |
| in the same academic year shall be determined under division (D) | 34156 |
| of this section. | 34157 |
| As used in the tables in division (C) of this section: | 34158 |
| (1) "Private institution" means an institution that is | 34159 |
| nonprofit and has a certificate of authorization from the Ohio | 34160 |
| board of regents pursuant to Chapter 1713. of the Revised Code. | 34161 |
| (2) "Career college" means either an institution that holds a | 34162 |
| certificate of registration from the state board of career | 34163 |
| colleges and schools or a private institution exempt from | 34164 |
| regulation under Chapter 3332. of the Revised Code as prescribed | 34165 |
| in section 3333.046 of the Revised Code. | 34166 |
| Full-time students shall be eligible to receive awards | 34167 |
| according to the following table: | 34168 |
| 34169 |
| 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: | 34170 | ||||||
| $2,101 | $2,190 | $300 | $600 | $480 | 34171 | ||||||
| 2,001 | 2,100 | 402 | 798 | 642 | 34172 | ||||||
| 1,901 | 2,000 | 498 | 1,002 | 798 | 34173 | ||||||
| 1,801 | 1,900 | 600 | 1,200 | 960 | 34174 | ||||||
| 1,701 | 1,800 | 702 | 1,398 | 1,122 | 34175 | ||||||
| 1,601 | 1,700 | 798 | 1,602 | 1,278 | 34176 | ||||||
| 1,501 | 1,600 | 900 | 1,800 | 1,440 | 34177 | ||||||
| 1,401 | 1,500 | 1,002 | 1,998 | 1,602 | 34178 | ||||||
| 1,301 | 1,400 | 1,098 | 2,202 | 1,758 | 34179 | ||||||
| 1,201 | 1,300 | 1,200 | 2,400 | 1,920 | 34180 | ||||||
| 1,101 | 1,200 | 1,302 | 2,598 | 2,082 | 34181 | ||||||
| 1,001 | 1,100 | 1,398 | 2,802 | 2,238 | 34182 | ||||||
| 901 | 1,000 | 1,500 | 3,000 | 2,400 | 34183 | ||||||
| 801 | 900 | 1,602 | 3,198 | 2,562 | 34184 | ||||||
| 701 | 800 | 1,698 | 3,402 | 2,718 | 34185 | ||||||
| 601 | 700 | 1,800 | 3,600 | 2,280 | 34186 | ||||||
| 501 | 600 | 1,902 | 3,798 | 3,042 | 34187 | ||||||
| 401 | 500 | 1,998 | 4,002 | 3,198 | 34188 | ||||||
| 301 | 400 | 2,100 | 4,200 | 3,360 | 34189 | ||||||
| 201 | 300 | 2,202 | 4,398 | 3,522 | 34190 | ||||||
| 101 | 200 | 2,298 | 4,602 | 3,678 | 34191 | ||||||
| 1 | 100 | 2,400 | 4,800 | 3,840 | 34192 | ||||||
| 0 | 0 | 2,496 | 4,992 | 3,996 | 34193 |
| Three-quarters-time students shall be eligible to receive | 34194 |
| awards according to the following table: | 34195 |
| 34196 |
| 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: | 34197 | ||||||
| $2,101 | $2,190 | $228 | $450 | $360 | 34198 | ||||||
| 2,001 | 2,100 | 300 | 600 | 480 | 34199 | ||||||
| 1,901 | 2,000 | 372 | 750 | 600 | 34200 | ||||||
| 1,801 | 1,900 | 450 | 900 | 720 | 34201 | ||||||
| 1,701 | 1,800 | 528 | 1,050 | 840 | 34202 | ||||||
| 1,601 | 1,700 | 600 | 1,200 | 960 | 34203 | ||||||
| 1,501 | 1,600 | 678 | 1,350 | 1,080 | 34204 | ||||||
| 1,401 | 1,500 | 750 | 1,500 | 1,200 | 34205 | ||||||
| 1,301 | 1,400 | 822 | 1,650 | 1,320 | 34206 | ||||||
| 1,201 | 1,300 | 900 | 1,800 | 1,440 | 34207 | ||||||
| 1,101 | 1,200 | 978 | 1,950 | 1,560 | 34208 | ||||||
| 1,001 | 1,100 | 1,050 | 2,100 | 1,680 | 34209 | ||||||
| 901 | 1,000 | 1,128 | 2,250 | 1,800 | 34210 | ||||||
| 801 | 900 | 1,200 | 2,400 | 1,920 | 34211 | ||||||
| 701 | 800 | 1,272 | 2,550 | 2,040 | 34212 | ||||||
| 601 | 700 | 1,350 | 2,700 | 2,160 | 34213 | ||||||
| 501 | 600 | 1,428 | 2,850 | 2,280 | 34214 | ||||||
| 401 | 500 | 1,500 | 3,000 | 2,400 | 34215 | ||||||
| 301 | 400 | 1,578 | 3,150 | 2,520 | 34216 | ||||||
| 201 | 300 | 1,650 | 3,300 | 2,640 | 34217 | ||||||
| 101 | 200 | 1,722 | 3,450 | 2,760 | 34218 | ||||||
| 1 | 100 | 1,800 | 3,600 | 2,880 | 34219 | ||||||
| 0 | 0 | 1,872 | 3,744 | 3,000 | 34220 |
| Half-time students shall be eligible to receive awards | 34221 |
| according to the following table: | 34222 |
| 34223 |
| 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: | 34224 | ||||||
| $2,101 | $2,190 | $150 | $300 | $240 | 34225 | ||||||
| 2,001 | 2,100 | 204 | 402 | 324 | 34226 | ||||||
| 1,901 | 2,000 | 252 | 504 | 402 | 34227 | ||||||
| 1,801 | 1,900 | 300 | 600 | 480 | 34228 | ||||||
| 1,701 | 1,800 | 354 | 702 | 564 | 34229 | ||||||
| 1,601 | 1,700 | 402 | 804 | 642 | 34230 | ||||||
| 1,501 | 1,600 | 450 | 900 | 720 | 34231 | ||||||
| 1,401 | 1,500 | 504 | 1,002 | 804 | 34232 | ||||||
| 1,301 | 1,400 | 552 | 1,104 | 882 | 34233 | ||||||
| 1,201 | 1,300 | 600 | 1,200 | 960 | 34234 | ||||||
| 1,101 | 1,200 | 654 | 1,302 | 1,044 | 34235 | ||||||
| 1,001 | 1,100 | 702 | 1,404 | 1,122 | 34236 | ||||||
| 901 | 1,000 | 750 | 1,500 | 1,200 | 34237 | ||||||
| 801 | 900 | 804 | 1,602 | 1,284 | 34238 | ||||||
| 701 | 800 | 852 | 1,704 | 1,362 | 34239 | ||||||
| 601 | 700 | 900 | 1,800 | 1,440 | 34240 | ||||||
| 501 | 600 | 954 | 1,902 | 1,524 | 34241 | ||||||
| 401 | 500 | 1,002 | 2,004 | 1,602 | 34242 | ||||||
| 301 | 400 | 1,050 | 2,100 | 1,680 | 34243 | ||||||
| 201 | 300 | 1,104 | 2,202 | 1,764 | 34244 | ||||||
| 101 | 200 | 1,152 | 2,304 | 1,842 | 34245 | ||||||
| 1 | 100 | 1,200 | 2,400 | 1,920 | 34246 | ||||||
| 0 | 0 | 1,248 | 2,496 | 1,998 | 34247 |
| One-quarter-time students shall be eligible to receive awards | 34248 |
| according to the following table: | 34249 |
| 34250 |
| 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: | 34251 | ||||||
| $2,101 | $2,190 | $78 | $150 | $120 | 34252 | ||||||
| 2,001 | 2,100 | 102 | 198 | 162 | 34253 | ||||||
| 1,901 | 2,000 | 126 | 252 | 198 | 34254 | ||||||
| 1,801 | 1,900 | 150 | 300 | 240 | 34255 | ||||||
| 1,701 | 1,800 | 174 | 348 | 282 | 34256 | ||||||
| 1,601 | 1,700 | 198 | 402 | 318 | 34257 | ||||||
| 1,501 | 1,600 | 228 | 450 | 360 | 34258 | ||||||
| 1,401 | 1,500 | 252 | 498 | 402 | 34259 | ||||||
| 1,301 | 1,400 | 276 | 552 | 438 | 34260 | ||||||
| 1,201 | 1,300 | 300 | 600 | 480 | 34261 | ||||||
| 1,101 | 1,200 | 324 | 648 | 522 | 34262 | ||||||
| 1,001 | 1,100 | 348 | 702 | 558 | 34263 | ||||||
| 901 | 1,000 | 378 | 750 | 600 | 34264 | ||||||
| 801 | 900 | 402 | 798 | 642 | 34265 | ||||||
| 701 | 800 | 426 | 852 | 678 | 34266 | ||||||
| 601 | 700 | 450 | 900 | 720 | 34267 | ||||||
| 501 | 600 | 474 | 948 | 762 | 34268 | ||||||
| 401 | 500 | 498 | 1,002 | 798 | 34269 | ||||||
| 301 | 400 | 528 | 1,050 | 840 | 34270 | ||||||
| 201 | 300 | 552 | 1,098 | 882 | 34271 | ||||||
| 101 | 200 | 576 | 1,152 | 918 | 34272 | ||||||
| 1 | 100 | 600 | 1,200 | 960 | 34273 | ||||||
| 0 | 0 | 624 | 1,248 | 1,002 | 34274 |
| (D) For a full-time student enrolled in an eligible | 34275 |
| institution for a semester or quarter in addition to the portion | 34276 |
| of the academic year covered by a grant determined under division | 34277 |
| (C) of this section, the maximum grant amount shall be a | 34278 |
| percentage of the maximum prescribed in the applicable table of | 34279 |
| that division. The maximum grant for a fourth quarter shall be | 34280 |
| one-third of the maximum amount prescribed under that division. | 34281 |
| The maximum grant for a third semester shall be one-half of the | 34282 |
| maximum amount prescribed under that division. | 34283 |
| (E) No grant shall be made to any student in a course of | 34284 |
| study in theology, religion, or other field of preparation for a | 34285 |
| religious profession unless such course of study leads to an | 34286 |
| accredited bachelor of arts, bachelor of science, associate of | 34287 |
| arts, or associate of science degree. | 34288 |
| (F)(1) Except as provided in division (F)(2) of this section, | 34289 |
| no grant shall be made to any student for enrollment during a | 34290 |
| fiscal year in an institution with a cohort default rate | 34291 |
| determined by the United States secretary of education pursuant to | 34292 |
| the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408, | 34293 |
| 20 U.S.C.A. 1085, as amended, as of the fifteenth day of June | 34294 |
| preceding the fiscal year, equal to or greater than thirty per | 34295 |
| cent for each of the preceding two fiscal years. | 34296 |
| (2) Division (F)(1) of this section does not apply to the | 34297 |
| following: | 34298 |
| (a) Any student enrolled in an institution that under the | 34299 |
| federal law appeals its loss of eligibility for federal financial | 34300 |
| aid and the United States secretary of education determines its | 34301 |
| cohort default rate after recalculation is lower than the rate | 34302 |
| specified in division (F)(1) of this section or the secretary | 34303 |
| determines due to mitigating circumstances the institution may | 34304 |
| continue to participate in federal financial aid programs. The | 34305 |
| board shall adopt rules requiring institutions to provide | 34306 |
| information regarding an appeal to the board. | 34307 |
| (b) Any student who has previously received a grant under | 34308 |
| this section who meets all other requirements of this section. | 34309 |
| (3) The board shall adopt rules for the notification of all | 34310 |
| institutions whose students will be ineligible to participate in | 34311 |
| the grant program pursuant to division (F)(1) of this section. | 34312 |
| (4) A student's attendance at an institution whose students | 34313 |
| lose eligibility for grants under division (F)(1) of this section | 34314 |
| shall not affect that student's eligibility to receive a grant | 34315 |
| when enrolled in another institution. | 34316 |
| (G) Institutions of higher education that enroll students | 34317 |
| receiving needs-based financial aid grants under this section | 34318 |
| shall report to the board all students who have received | 34319 |
| needs-based financial aid grants but are no longer eligible for | 34320 |
| all or part of such grants and shall refund any moneys due the | 34321 |
| state within thirty days after the beginning of the quarter or | 34322 |
| term immediately following the quarter or term in which the | 34323 |
| student was no longer eligible to receive all or part of the | 34324 |
| student's grant. There shall be an interest charge of one per cent | 34325 |
| per month on all moneys due and payable after such thirty-day | 34326 |
| period. The board shall immediately notify the office of budget | 34327 |
| and management and the legislative service commission of all | 34328 |
| refunds so received. | 34329 |
| Sec. 3333.123. (A) As used in this section: | 34330 |
| (1) "The Ohio college opportunity grant program" means the | 34331 |
| program established under section 3333.122 of the Revised Code. | 34332 |
| (2) "Rules for the Ohio college opportunity grant program" | 34333 |
| means the rules authorized in division (S) of section 3333.04 of | 34334 |
| the Revised Code for the implementation of the program. | 34335 |
| (B) In adopting rules for the Ohio college opportunity grant | 34336 |
| program, the Ohio board of regents may include provisions that | 34337 |
| give preferential or priority funding to low-income students who | 34338 |
| in their primary and secondary school work participate in or | 34339 |
| complete rigorous academic coursework, attain passing scores on | 34340 |
| the tests prescribed in section 3301.0710 of the Revised Code, or | 34341 |
| meet other high academic performance standards determined by the | 34342 |
| board to reduce the need for remediation and ensure academic | 34343 |
| success at the postsecondary education level. Any such rules shall | 34344 |
| include a specification of procedures needed to certify student | 34345 |
| achievement of primary and secondary standards as well as the | 34346 |
| timeline for implementation of the provisions authorized by this | 34347 |
| section. | 34348 |
| Sec. 3333.162. (A) As used in this section, "state | 34349 |
| institution of higher education" means an institution of higher | 34350 |
| education as defined in section 3345.12 of the Revised Code. | 34351 |
| (B) By April 15, 2007, the Ohio board of regents, in | 34352 |
| consultation with the department of education, public adult and | 34353 |
| secondary career-technical education institutions, and state | 34354 |
| institutions of higher education, shall establish criteria, | 34355 |
| policies, and procedures that enable students to transfer agreed | 34356 |
| upon technical courses completed through an adult career-technical | 34357 |
| education institution, a public secondary career-technical | 34358 |
| institution, or a state institution of higher education to a state | 34359 |
| institution of higher education without unnecessary duplication or | 34360 |
| institutional barriers. The courses to which the criteria, | 34361 |
| policies, and procedures apply shall be those that adhere to | 34362 |
| recognized industry standards and equivalent coursework common to | 34363 |
| the secondary career pathway and adult career-technical education | 34364 |
| system and regionally accredited state institutions of higher | 34365 |
| education. Where applicable, the policies and procedures shall | 34366 |
| build upon the articulation agreement and transfer initiative | 34367 |
| course equivalency system required by section 3333.16 of the | 34368 |
| Revised Code. | 34369 |
| (C) By April 15, 2006, the board shall report to the general | 34370 |
| assembly on its progress in establishing these policies and | 34371 |
| procedures. | 34372 |
| Sec. 3333.27. As used in this section: | 34373 |
| (A) "Eligible institution" means a nonprofit Ohio institution | 34374 |
| of higher education that holds a certificate of authorization | 34375 |
| issued under section 1713.02 of the Revised Code and meets the | 34376 |
| requirements of Title VI of the Civil Rights Act of 1964. | 34377 |
| (B) "Resident" and "full-time student" have the meanings | 34378 |
| established for purposes of this section by rule of the Ohio board | 34379 |
| of regents. | 34380 |
| The board shall establish and administer a student choice | 34381 |
| grant program and shall adopt rules for the administration of the | 34382 |
| program. | 34383 |
| The board may make a grant to any resident of this state who | 34384 |
| is enrolled as a full-time student in a bachelor's degree program | 34385 |
| at an eligible institution and maintains an academic record that | 34386 |
| meets or exceeds the standard established pursuant to this section | 34387 |
| by rule of the board, except that no grant shall be made to any | 34388 |
| individual who was enrolled as a student in an institution of | 34389 |
| higher education on or before July 1, 1984, or is serving a term | 34390 |
| of imprisonment. The grant shall not exceed the lesser of the | 34391 |
| total instructional and general charges of the institution in | 34392 |
| which the student is enrolled, or an amount equal to one-fourth of | 34393 |
| the total of any state instructional subsidy amount distributed by | 34394 |
| the board in the second fiscal year of the preceding biennium for | 34395 |
| all full-time students enrolled in bachelor's degree programs at | 34396 |
| four-year state-assisted institutions of higher education divided | 34397 |
| by the sum of the actual number of full-time students enrolled in | 34398 |
| bachelor's degree programs at four-year state-assisted | 34399 |
| institutions of higher education reported to the board for such | 34400 |
| year by the institutions to which the subsidy was distributed. | 34401 |
| The board shall prescribe the form and manner of application | 34402 |
| for grants including the manner of certification by eligible | 34403 |
| institutions that each applicant from such institution is enrolled | 34404 |
| in a bachelor's degree program as a full-time student and has an | 34405 |
| academic record that meets or exceeds the standard established by | 34406 |
| the board. | 34407 |
| A grant awarded to an eligible student shall be paid to the | 34408 |
| institution in which the student is enrolled, and the institution | 34409 |
| shall reduce the student's instructional and general charges by | 34410 |
| the amount of the grant. Each grant awarded shall be prorated and | 34411 |
| paid in equal installments at the time of enrollment for each term | 34412 |
| of the academic year for which the grant is awarded. No student | 34413 |
| shall be eligible to receive a grant for more than ten semesters, | 34414 |
| fifteen quarters, or the equivalent of five academic years. | 34415 |
| The receipt of an Ohio student choice grant shall not affect | 34416 |
| a student's eligibility for assistance, or the amount of such | 34417 |
| assistance, granted under section 3315.33, 3333.12, 3333.122, | 34418 |
| 3333.22, 3333.26, 5910.03, 5910.032, or 5919.34 of the Revised | 34419 |
| Code. If a student receives assistance under one or more of such | 34420 |
| sections, the student choice grant made to the student shall not | 34421 |
| exceed the difference between the amount of assistance received | 34422 |
| under such sections and the total instructional and general | 34423 |
| charges of the institution in which the student is enrolled. | 34424 |
| The general assembly shall support the student choice grant | 34425 |
| program by such sums and in such manner as it may provide, but the | 34426 |
| board may also receive funds from other sources to support the | 34427 |
| program. | 34428 |
| No grant shall be made to any student enrolled in a course of | 34429 |
| study leading to a degree in theology, religion, or other field of | 34430 |
| preparation for a religious profession unless the course of study | 34431 |
| leads to an accredited bachelor of arts or bachelor of science | 34432 |
| degree. | 34433 |
| Institutions of higher education that enroll students | 34434 |
| receiving grants under this section shall report to the board the | 34435 |
| name of each student who has received such a grant but who is no | 34436 |
| longer eligible for all or part of such grant and shall refund all | 34437 |
| moneys due to the state within thirty days after the beginning of | 34438 |
| the term immediately following the term in which the student was | 34439 |
| no longer eligible to receive all or part of the grant. There | 34440 |
| shall be an interest charge of one per cent per month on all | 34441 |
| moneys due and payable after such thirty-day period. The board | 34442 |
| shall immediately notify the office of budget and management and | 34443 |
| 34444 | |
| commission of all refunds received. | 34445 |
| Sec. 3333.28. (A) The Ohio board of regents shall establish | 34446 |
| the nurse education assistance program, the purpose of which shall | 34447 |
| be to make loans to students enrolled in prelicensure nurse | 34448 |
| education programs at institutions approved by the board of | 34449 |
| nursing under section 4723.06 of the Revised Code and | 34450 |
| postlicensure nurse education programs approved by the board of | 34451 |
| regents under section 3333.04 of the Revised Code or offered by an | 34452 |
| institution holding a certificate of authorization issued by the | 34453 |
| board of regents under Chapter 1713. of the Revised Code. The | 34454 |
| board of nursing shall assist the board of regents in | 34455 |
| administering the program. | 34456 |
| (B) There is hereby created in the state treasury the nurse | 34457 |
| education assistance fund, which shall consist of all money | 34458 |
| transferred to it pursuant to section 4743.05 of the Revised Code. | 34459 |
| The fund shall be used by the board of regents for loans made | 34460 |
| under division (A) of this section and for expenses of | 34461 |
| administering the loan program. | 34462 |
| (C) | 34463 |
| of regents shall distribute money in the nurse education | 34464 |
| assistance fund in the following manner: | 34465 |
| (1)(a) Fifty per cent of available funds shall be awarded as | 34466 |
| loans to registered nurses enrolled in postlicensure nurse | 34467 |
| education programs described in division (A) of this section. To | 34468 |
| be eligible for a loan, the applicant shall provide the board with | 34469 |
| a letter of intent to practice as a faculty member at a | 34470 |
| prelicensure or postlicensure program for nursing in this state | 34471 |
| upon completion of the applicant's academic program. | 34472 |
| (b) If the borrower of a loan under division (C)(1)(a) of | 34473 |
| this section secures employment as a faculty member of an approved | 34474 |
| nursing education program in this state within six months | 34475 |
| following graduation from an approved nurse education program, the | 34476 |
| board may forgive the principal and interest of the student's | 34477 |
| loans received under division (C)(1)(a) of this section at a rate | 34478 |
| of twenty-five per cent per year, for a maximum of four years, for | 34479 |
| each year in which the borrower is so employed. A deferment of the | 34480 |
| service obligation, and other conditions regarding the forgiveness | 34481 |
| of loans may be granted as provided by the rules adopted under | 34482 |
| division (D)(7) of this section. | 34483 |
| (c) Loans awarded under division (C)(1)(a) of this section | 34484 |
| shall be awarded on the basis of the student's expected family | 34485 |
| contribution, with preference given to those applicants with the | 34486 |
| lowest expected family contribution. However, the board of regents | 34487 |
| may consider other factors it determines relevant in ranking the | 34488 |
| applications. | 34489 |
| (d) Each loan awarded to a student under division (C)(1)(a) | 34490 |
| of this section shall be not less than five thousand dollars per | 34491 |
| year. | 34492 |
| (2) Twenty-five per cent of available funds shall be awarded | 34493 |
| to students enrolled in prelicensure nurse education programs for | 34494 |
| registered nurses, as defined in section 4723.01 of the Revised | 34495 |
| Code. | 34496 |
| (3) Twenty-five per cent of available funds shall be awarded | 34497 |
| to students enrolled in prelicensure professional nurse education | 34498 |
| programs for licensed practical nurses, as defined in section | 34499 |
| 4723.01 of the Revised Code. | 34500 |
| After January 1, 2012, the board of regents shall determine | 34501 |
| the manner in which to distribute loans under this section. | 34502 |
| (D) Subject to the requirements specified in division (C) of | 34503 |
| this section, the board of regents shall adopt rules in accordance | 34504 |
| with Chapter 119. of the Revised Code establishing: | 34505 |
| (1) Eligibility criteria for receipt of a loan; | 34506 |
| (2) Loan application procedures; | 34507 |
| (3) The amounts in which loans may be made and the total | 34508 |
| amount that may be loaned to an individual; | 34509 |
| (4) The total amount of loans that can be made each year; | 34510 |
| (5) The percentage of the money in the fund that must remain | 34511 |
| in the fund at all times as a fund balance; | 34512 |
| (6) Interest and principal repayment schedules; | 34513 |
| (7) Conditions under which a portion of principal and | 34514 |
| interest obligations incurred by an individual under the program | 34515 |
| will be forgiven; | 34516 |
| (8) Ways that the program may be used to encourage | 34517 |
| individuals who are members of minority groups to enter the | 34518 |
| nursing profession; | 34519 |
| (9) Any other matters incidental to the operation of the | 34520 |
| program. | 34521 |
| | 34522 |
| interest on a loan made under this section shall be forgiven if | 34523 |
| the recipient of the loan meets the criteria for forgiveness | 34524 |
| established by division (C)(1)(b) of this section, in the case of | 34525 |
| loans awarded under division (C)(1)(a) of this section, or by the | 34526 |
| board of regents by
rule adopted under division | 34527 |
| section, in the case of other loans awarded under this section. | 34528 |
| | 34529 |
| affect a student's eligibility for assistance, or the amount of | 34530 |
| that assistance, granted under section 3333.12, 3333.122, 3333.22, | 34531 |
| 3333.26, 3333.27, 5910.03, 5910.032, or 5919.34 of the Revised | 34532 |
| Code, but the rules of the board of regents may provide for taking | 34533 |
| assistance received under those sections into consideration when | 34534 |
| determining a student's eligibility for a loan under this section. | 34535 |
| Sec. 3333.36. | 34536 |
| unexpended funds are available from general revenue fund | 34537 |
| appropriations made to the Ohio board of regents, the chancellor | 34538 |
| of the Ohio board of regents | 34539 |
| thousand dollars in each fiscal year to make payments to the | 34540 |
| Columbus program in intergovernmental issues, an Ohio internship | 34541 |
| program at Kent state university, for scholarships of up to two | 34542 |
| thousand dollars for each student enrolled in the program. The | 34543 |
| chancellor may utilize any general revenue funds appropriated to | 34544 |
| the board of regents that the chancellor determines to be | 34545 |
| available for purposes of this section. | 34546 |
| Sec. 3333.38. (A) As used in this section: | 34547 |
| (1) "Institution of higher education" includes all of the | 34548 |
| following: | 34549 |
| (a) A state institution of higher education, as defined in | 34550 |
| section 3345.011 of the Revised Code; | 34551 |
| (b) A nonprofit institution issued a certificate of | 34552 |
| authorization by the Ohio board of regents under Chapter 1713. of | 34553 |
| the Revised Code; | 34554 |
| (c) A private institution exempt from regulation under | 34555 |
| Chapter 3332. of the Revised Code, as prescribed in section | 34556 |
| 3333.046 of the Revised Code; | 34557 |
| (d) An institution of higher education with a certificate of | 34558 |
| registration from the state board of career colleges and schools | 34559 |
| under Chapter 3332. of the Revised Code. | 34560 |
| (2) "Student financial assistance supported by state funds" | 34561 |
| includes assistance granted under sections 3315.33, 3333.12, | 34562 |
| 3333.122, 3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372, | 34563 |
| 5910.03, 5910.032, and 5919.34 of the Revised Code and any other | 34564 |
| post-secondary student financial assistance supported by state | 34565 |
| funds. | 34566 |
| (B) An individual who is convicted of, pleads guilty to, or | 34567 |
| is adjudicated a delinquent child for one of the following | 34568 |
| violations shall be ineligible to receive any student financial | 34569 |
| assistance supported by state funds at an institution of higher | 34570 |
| education for two calendar years from the time the individual | 34571 |
| applies for assistance of that nature: | 34572 |
| (1) A violation of section 2917.02 or 2917.03 of the Revised | 34573 |
| Code; | 34574 |
| (2) A violation of section 2917.04 of the Revised Code that | 34575 |
| is a misdemeanor of the fourth degree; | 34576 |
| (3) A violation of section 2917.13 of the Revised Code that | 34577 |
| is a misdemeanor of the fourth or first degree and occurs within | 34578 |
| the proximate area where four or more others are acting in a | 34579 |
| course of conduct in violation of section 2917.11 of the Revised | 34580 |
| Code. | 34581 |
| (C) If an individual is convicted of, pleads guilty to, or is | 34582 |
| adjudicated a delinquent child for committing a violation of | 34583 |
| section 2917.02 or 2917.03 of the Revised Code, and if the | 34584 |
| individual is enrolled in a state-supported institution of higher | 34585 |
| education, the institution in which the individual is enrolled | 34586 |
| shall immediately dismiss the individual. No state-supported | 34587 |
| institution of higher education shall admit an individual of that | 34588 |
| nature for one academic year after the individual applies for | 34589 |
| admission to a state-supported institution of higher education. | 34590 |
| This division does not limit or affect the ability of a | 34591 |
| state-supported institution of higher education to suspend or | 34592 |
| otherwise discipline its students. | 34593 |
| Sec. 3334.01. As used in this chapter: | 34594 |
| (A) "Aggregate original principal amount" means the aggregate | 34595 |
| of the initial offering prices to the public of college savings | 34596 |
| bonds, exclusive of accrued interest, if any. "Aggregate original | 34597 |
| principal amount" does not mean the aggregate accreted amount | 34598 |
| payable at maturity or redemption of such bonds. | 34599 |
| (B) "Beneficiary" means: | 34600 |
| (1) An individual designated by the purchaser under a tuition | 34601 |
| payment contract or through a scholarship program as the | 34602 |
|
individual on whose behalf tuition | 34603 |
| the contract or awarded through the scholarship program will be | 34604 |
| applied toward the payment of undergraduate, graduate, or | 34605 |
| professional tuition; or | 34606 |
| (2) An individual designated by the contributor under a | 34607 |
| variable college savings program contract as the individual whose | 34608 |
| tuition and other higher education expenses will be paid from a | 34609 |
| variable college savings program account. | 34610 |
| (C) "Capital appreciation bond" means a bond for which the | 34611 |
| following is true: | 34612 |
| (1) The principal amount is less than the amount payable at | 34613 |
| maturity or early redemption; and | 34614 |
| (2) No interest is payable on a current basis. | 34615 |
| (D) "Tuition | 34616 |
| trust authority purchased under section 3334.09 of the Revised | 34617 |
| Code. "Tuition unit" includes a tuition credit purchased prior to | 34618 |
| July 1, 1994. | 34619 |
| (E) "College savings bonds" means revenue and other | 34620 |
| obligations issued on behalf of the state or any agency or issuing | 34621 |
| authority thereof as a zero-coupon or capital appreciation bond, | 34622 |
| and designated as college savings bonds as provided in this | 34623 |
| chapter. "College savings bond issue" means any issue of bonds of | 34624 |
| which any part has been designated as college savings bonds. | 34625 |
| (F) "Institution of higher education" means a state | 34626 |
| institution of higher education, a private college, university, or | 34627 |
| other postsecondary institution located in this state that | 34628 |
| possesses a certificate of authorization issued by the Ohio board | 34629 |
| of regents pursuant to Chapter 1713. of the Revised Code or a | 34630 |
| certificate of registration issued by the state board of career | 34631 |
| colleges and schools under Chapter 3332. of the Revised Code, or | 34632 |
| an accredited college, university, or other postsecondary | 34633 |
| institution located outside this state that is accredited by an | 34634 |
| accrediting organization or professional association recognized by | 34635 |
| the authority. To be considered an institution of higher | 34636 |
| education, an institution shall meet the definition of an eligible | 34637 |
| educational institution under section 529 of the Internal Revenue | 34638 |
| Code. | 34639 |
| (G) "Issuing authority" means any authority, commission, | 34640 |
| body, agency, or individual empowered by the Ohio Constitution or | 34641 |
| the Revised Code to issue bonds or any other debt obligation of | 34642 |
| the state or any agency or department thereof. "Issuer" means the | 34643 |
| issuing authority or, if so designated under division (B) of | 34644 |
| section 3334.04 of the Revised Code, the treasurer of state. | 34645 |
| (H) "Tuition" means the charges imposed to attend an | 34646 |
| institution of higher education as an undergraduate, graduate, or | 34647 |
| professional student and all fees required as a condition of | 34648 |
| enrollment, as determined by the Ohio tuition trust authority. | 34649 |
| "Tuition" does not include laboratory fees, room and board, or | 34650 |
| other similar fees and charges. | 34651 |
| (I) "Weighted average tuition" means the tuition cost | 34652 |
| resulting from the following calculation: | 34653 |
| (1) Add the products of the annual undergraduate tuition | 34654 |
| charged to Ohio residents at each four-year state university | 34655 |
| multiplied by that institution's total number of undergraduate | 34656 |
| fiscal year equated students; and | 34657 |
| (2) Divide the gross total of the products from division | 34658 |
| (I)(1) of this section by the total number of undergraduate fiscal | 34659 |
| year equated students attending four-year state universities. | 34660 |
| When making this calculation, the "annual undergraduate | 34661 |
| tuition charged to Ohio residents" shall not incorporate any | 34662 |
| tuition reductions that vary in amount among individual recipients | 34663 |
| and that are awarded to Ohio residents based upon their particular | 34664 |
| circumstances, beyond any minimum amount awarded uniformly to all | 34665 |
| Ohio residents. In addition, any tuition reductions awarded | 34666 |
| uniformly to all Ohio residents shall be incorporated into this | 34667 |
| calculation. | 34668 |
| (J) "Zero-coupon bond" means a bond which has a stated | 34669 |
| interest rate of zero per cent and on which no interest is payable | 34670 |
| until the maturity or early redemption of the bond, and is offered | 34671 |
| at a substantial discount from its original stated principal | 34672 |
| amount. | 34673 |
| (K) "State institution of higher education" includes the | 34674 |
| state universities listed in section 3345.011 of the Revised Code, | 34675 |
| community colleges created pursuant to Chapter 3354. of the | 34676 |
| Revised Code, university branches created pursuant to Chapter | 34677 |
| 3355. of the Revised Code, technical colleges created pursuant to | 34678 |
| Chapter 3357. of the Revised Code, state community colleges | 34679 |
| created pursuant to Chapter 3358. of the Revised Code, the medical | 34680 |
| university of Ohio at Toledo, and the northeastern Ohio | 34681 |
| universities college of medicine. | 34682 |
| (L) "Four-year state university" means those state | 34683 |
| universities listed in section 3345.011 of the Revised Code. | 34684 |
| (M) "Principal amount" refers to the initial offering price | 34685 |
| to the public of an obligation, exclusive of the accrued interest, | 34686 |
| if any. "Principal amount" does not refer to the aggregate | 34687 |
| accreted amount payable at maturity or redemption of an | 34688 |
| obligation. | 34689 |
| (N) "Scholarship program" means a program registered with the | 34690 |
| Ohio tuition trust authority pursuant to section 3334.17 of the | 34691 |
| Revised Code. | 34692 |
| (O) "Internal Revenue Code" means the "Internal Revenue Code | 34693 |
| of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended. | 34694 |
| (P) "Other higher education expenses" means room and board | 34695 |
| and books, supplies, equipment, and nontuition-related fees | 34696 |
| associated with the cost of attendance of a beneficiary at an | 34697 |
| institution of higher education, but only to the extent that such | 34698 |
| expenses meet the definition of "qualified higher education | 34699 |
| expenses" under section 529 of the Internal Revenue Code. "Other | 34700 |
| higher education expenses" does not include tuition as defined in | 34701 |
| division (H) of this section. | 34702 |
| (Q) "Purchaser" means the person signing the tuition payment | 34703 |
|
contract, who controls
the account and acquires tuition | 34704 |
| units for an account under the terms and conditions of the | 34705 |
| contract. | 34706 |
| (R) "Contributor" means a person who signs a variable college | 34707 |
| savings program contract with the Ohio tuition trust authority and | 34708 |
| contributes to and owns the account created under the contract. | 34709 |
| (S) "Contribution" means any payment directly allocated to an | 34710 |
| account for the benefit of the designated beneficiary of the | 34711 |
| account. | 34712 |
| Sec. 3334.02. (A) In order to help make higher education | 34713 |
| affordable and accessible to all citizens of Ohio, to maintain | 34714 |
| state institutions of higher education by helping to provide a | 34715 |
| stable financial base to these institutions, to provide the | 34716 |
| citizens of Ohio with financing assistance for higher education | 34717 |
| and protection against rising tuition costs, to encourage saving | 34718 |
| to enhance the ability of citizens of Ohio to obtain financial | 34719 |
| access to institutions of higher education, to encourage | 34720 |
| elementary and secondary students in this state to achieve | 34721 |
| academic excellence, and to promote a well-educated and | 34722 |
| financially secure population to the ultimate benefit of all | 34723 |
| citizens of the state of Ohio, there is hereby created the Ohio | 34724 |
| college savings program. The program shall consist of the issuance | 34725 |
|
of college savings bonds and the sale of tuition
| 34726 |
| 34727 |
| (B) The provisions of Chapter 1707. of the Revised Code shall | 34728 |
| not apply to tuition
| 34729 |
| related thereto. | 34730 |
| (C) To provide the citizens of Ohio with a choice of | 34731 |
| tax-advantaged college savings programs and the opportunity to | 34732 |
| participate in more than one type of college savings program at a | 34733 |
| time, the Ohio tuition trust authority shall establish and | 34734 |
| administer a variable college savings program as a qualified state | 34735 |
| tuition program under section 529 of the Internal Revenue Code. | 34736 |
| The program shall allow contributors to make cash contributions to | 34737 |
| variable college savings program accounts created for the purpose | 34738 |
| of paying future tuition and other higher education expenses and | 34739 |
| providing variable rates of return on contributions. | 34740 |
| (D) A person may participate simultaneously in both the Ohio | 34741 |
| college savings program and the variable college savings program. | 34742 |
| Sec. 3334.03. (A) There is hereby created the Ohio tuition | 34743 |
| trust authority, which shall have the powers enumerated in this | 34744 |
| chapter and which shall operate as a qualified state tuition | 34745 |
| program within the meaning of section 529 of the Internal Revenue | 34746 |
| Code. The exercise by the authority of its powers shall be and is | 34747 |
| hereby declared an essential state governmental function. The | 34748 |
| authority is subject to all provisions of law generally applicable | 34749 |
| to state agencies which do not conflict with the provisions of | 34750 |
| this chapter. | 34751 |
| (B) The Ohio tuition trust authority shall consist of eleven | 34752 |
| members, no more than six of whom shall be of the same political | 34753 |
| party. Six members shall be appointed by the governor with the | 34754 |
| advice and consent of the senate as follows: one shall represent | 34755 |
| state institutions of higher education, one shall represent | 34756 |
| private nonprofit colleges and universities located in Ohio, one | 34757 |
| shall have experience in the field of marketing or public | 34758 |
| relations, one shall have experience in the field of information | 34759 |
| systems design or management, and two shall have experience in the | 34760 |
| field of banking, investment banking, insurance, or law. Four | 34761 |
| members shall be appointed by the speaker of the house of | 34762 |
| representatives and the president of the senate as follows: the | 34763 |
| speaker of the house of representatives shall appoint one member | 34764 |
| of the house from each political party and the president of the | 34765 |
| senate shall appoint one member of the senate from each political | 34766 |
| party. The chancellor of the board of regents shall be an ex | 34767 |
| officio voting member; provided, however, that the chancellor may | 34768 |
| designate a vice-chancellor of the board of regents to serve as | 34769 |
| the chancellor's representative. The political party of the | 34770 |
| chancellor shall be deemed the political party of the designee for | 34771 |
| purposes of determining that no more than six members are of the | 34772 |
| same political party. | 34773 |
| Initial gubernatorial appointees to the authority shall serve | 34774 |
| staggered terms, with two terms expiring on January 31, 1991, one | 34775 |
| term expiring on January 31, 1992, and one term expiring on | 34776 |
| January 31, 1993. The governor shall appoint two additional | 34777 |
|
members to the authority no later than thirty days after
| 34778 |
| 34779 | |
| terms shall expire January 31, 2002. Thereafter, terms of office | 34780 |
| for gubernatorial appointees shall be for four years. The initial | 34781 |
| terms of the four legislative members shall expire on January 31, | 34782 |
| 1991. Thereafter legislative members shall serve two-year terms, | 34783 |
| provided that legislative members may continue to serve on the | 34784 |
| authority only if they remain members of the general assembly. Any | 34785 |
| vacancy on the authority shall be filled in the same manner as the | 34786 |
| original appointment, except that any person appointed to fill a | 34787 |
| vacancy shall be appointed to the remainder of the unexpired term. | 34788 |
| Any member is eligible for reappointment. | 34789 |
| (C) Any member may be removed by the appointing authority for | 34790 |
| misfeasance, malfeasance, or willful neglect of duty or for other | 34791 |
| cause after notice and a public hearing, unless the notice and | 34792 |
| hearing are waived in writing by the member. Members shall serve | 34793 |
| without compensation but shall receive their reasonable and | 34794 |
| necessary expenses incurred in the conduct of authority business. | 34795 |
| (D) The speaker of the house of representatives and the | 34796 |
| president of the senate shall each designate a member of the | 34797 |
| authority to serve as co-chairpersons. The six gubernatorial | 34798 |
| appointees and the chancellor of the board of regents or the | 34799 |
| chancellor's designee shall serve as the executive committee of | 34800 |
| the authority, and shall elect an executive chairperson from among | 34801 |
| the executive committee members. The authority and the executive | 34802 |
| committee may elect such other officers as determined by the | 34803 |
| authority or the executive committee respectively. The authority | 34804 |
| shall meet at least annually at the call of either co-chairperson | 34805 |
| and at such other times as either co-chairperson or the authority | 34806 |
| determines necessary. In the absence of both co-chairpersons, the | 34807 |
| executive chairperson shall serve as the presiding officer of the | 34808 |
| authority. The executive committee shall meet at the call of the | 34809 |
| executive chairperson or as the executive committee determines | 34810 |
| necessary. The authority may delegate to the executive committee | 34811 |
| such duties and responsibilities as the authority determines | 34812 |
| appropriate, except that the authority may not delegate to the | 34813 |
| executive committee the final determination of the annual price of | 34814 |
|
a tuition
| 34815 |
| savings bonds, or the employment of an executive director of the | 34816 |
| authority. Upon such delegation, the executive committee shall | 34817 |
| have the authority to act pursuant to such delegation without | 34818 |
| further approval or action by the authority. A majority of the | 34819 |
| authority shall constitute a quorum of the authority, and the | 34820 |
| affirmative vote of a majority of the members present shall be | 34821 |
| necessary for any action taken by the authority. A majority of the | 34822 |
| executive committee shall constitute a quorum of the executive | 34823 |
| committee, and the affirmative vote of a majority of the members | 34824 |
| present shall be necessary for any action taken by the executive | 34825 |
| committee. No vacancy in the membership of the authority or the | 34826 |
| executive committee shall impair the rights of a quorum to | 34827 |
| exercise all rights and perform all duties of the authority or the | 34828 |
| executive committee respectively. | 34829 |
| Sec. 3334.07. (A) The Ohio tuition trust authority shall | 34830 |
| develop a plan for the sale of tuition | 34831 |
| board of regents shall cooperate with the authority and provide | 34832 |
| technical assistance upon request. | 34833 |
| (B) Annually, the authority shall determine the weighted | 34834 |
| average tuition of four-year state universities in the academic | 34835 |
| year that begins on or after the first day of August of the | 34836 |
| current calendar year, and shall establish the price of a tuition | 34837 |
| 34838 | |
| on sound actuarial principles, and shall, to the extent | 34839 |
| actuarially possible, reasonably approximate one per cent of the | 34840 |
| weighted average tuition for that academic year plus the costs of | 34841 |
|
administering the | 34842 |
| general revenue fund appropriations for administrative costs. The | 34843 |
| sales period to which such price applies shall consist of twelve | 34844 |
| months, and the authority by rule shall establish the date on | 34845 |
| which the sales period begins. If circumstances arise during a | 34846 |
| sales period that the authority determines causes the price of | 34847 |
| tuition | 34848 |
| soundness of the Ohio tuition trust fund, the authority may adjust | 34849 |
| the price of tuition | 34850 |
| of the sales period. To promote the purchase of
tuition | 34851 |
| units and in accordance with actuarially sound principles, the | 34852 |
| authority may adjust the sales price as part of incentive | 34853 |
| programs, such as discounting for | 34854 |
| multi-year installment plans at a fixed rate of purchase. | 34855 |
| Sec. 3334.08. (A) Subject to division (B) of this section, | 34856 |
| in addition to any other powers conferred by this chapter, the | 34857 |
| Ohio tuition trust authority may do any of the following: | 34858 |
| (1) Impose reasonable residency requirements for | 34859 |
|
beneficiaries of tuition | 34860 |
| (2) Impose reasonable limits on the number of tuition
| 34861 |
| unit participants; | 34862 |
| (3) Impose and collect administrative fees and charges in | 34863 |
| connection with any transaction under this chapter; | 34864 |
| (4) Purchase insurance from insurers licensed to do business | 34865 |
| in this state providing for coverage against any loss in | 34866 |
| connection with the authority's property, assets, or activities or | 34867 |
| to further ensure the value of tuition | 34868 |
| (5) Indemnify or purchase policies of insurance on behalf of | 34869 |
| members, officers, and employees of the authority from insurers | 34870 |
| licensed to do business in this state providing for coverage for | 34871 |
| any liability incurred in connection with any civil action, | 34872 |
| demand, or claim against a director, officer, or employee by | 34873 |
| reason of an act or omission by the director, officer, or employee | 34874 |
| that was not manifestly outside the scope of the employment or | 34875 |
| official duties of the director, officer, or employee or with | 34876 |
| malicious purpose, in bad faith, or in a wanton or reckless | 34877 |
| manner; | 34878 |
| (6) Make, execute, and deliver contracts, conveyances, and | 34879 |
| other instruments necessary to the exercise and discharge of the | 34880 |
| powers and duties of the authority; | 34881 |
| (7) Promote, advertise, and publicize the Ohio college | 34882 |
| savings program and the variable college savings program; | 34883 |
| (8) Adopt rules under section 111.15 of the Revised Code for | 34884 |
| the implementation of the Ohio college savings program; | 34885 |
| (9) Contract, for the provision of all or part of the | 34886 |
| services necessary for the management and operation of the Ohio | 34887 |
| college savings program and the variable college savings program, | 34888 |
| with a bank, trust company, savings and loan association, | 34889 |
| insurance company, or licensed dealer in securities if the bank, | 34890 |
| company, association, or dealer is authorized to do business in | 34891 |
| this state and information about the contract is filed with the | 34892 |
| controlling board pursuant to division (D)(6) of section 127.16 of | 34893 |
| the Revised Code; | 34894 |
| (10) Contract for other services, or for goods, needed by the | 34895 |
| authority in the conduct of its business, including but not | 34896 |
| limited to credit card services; | 34897 |
| (11) Employ an executive director and other personnel as | 34898 |
| necessary to carry out its responsibilities under this chapter, | 34899 |
| and fix the compensation of these persons. All employees of the | 34900 |
| authority shall be in the unclassified civil service and shall be | 34901 |
| eligible for membership in the public employees retirement system. | 34902 |
| (12) Contract with financial consultants, actuaries, | 34903 |
| auditors, and other consultants as necessary to carry out its | 34904 |
| responsibilities under this chapter; | 34905 |
| (13) Enter into agreements with any agency of the state or | 34906 |
| its political subdivisions or with private employers under which | 34907 |
| an employee may agree to have a designated amount deducted in each | 34908 |
| payroll period from the wages or salary due the employee for the | 34909 |
| purpose of purchasing tuition | 34910 |
| payment contract or making contributions pursuant to a variable | 34911 |
| college savings program contract; | 34912 |
| (14) Enter into an agreement with the treasurer of state | 34913 |
| under which the treasurer of state will receive, and credit to the | 34914 |
| Ohio tuition trust fund or variable college savings program fund, | 34915 |
| from any bank or savings and loan association authorized to do | 34916 |
| business in this state, amounts that a depositor of the bank or | 34917 |
| association authorizes the bank or association to withdraw | 34918 |
| periodically from the depositor's account for the purpose of | 34919 |
| purchasing tuition | 34920 |
| contract or making contributions pursuant to a variable college | 34921 |
| savings program contract; | 34922 |
| (15) Solicit and accept gifts, grants, and loans from any | 34923 |
| person or governmental agency and participate in any governmental | 34924 |
| program; | 34925 |
| (16) Impose limits
on the number of | 34926 |
| be purchased on behalf of or assigned or awarded to any | 34927 |
| beneficiary and on the total amount of contributions that may be | 34928 |
| made on behalf of a beneficiary; | 34929 |
| (17) Impose restrictions on the substitution of another | 34930 |
| individual for the original beneficiary under the Ohio college | 34931 |
| savings program; | 34932 |
| (18) Impose a limit on the age of a beneficiary, above which | 34933 |
| tuition | 34934 |
| beneficiary; | 34935 |
| (19) Enter into a cooperative agreement with the treasurer of | 34936 |
| state to provide for the direct disbursement of payments under | 34937 |
| tuition payment or variable college savings program contracts; | 34938 |
| (20) Determine the other higher education expenses for which | 34939 |
|
tuition | 34940 |
| (21) Terminate any tuition payment or variable college | 34941 |
| savings program contract if no purchases or contributions are made | 34942 |
| for a period of three years or more and there are fewer than a | 34943 |
| total of five tuition units | 34944 |
| dollar amount set by rule on account, provided that notice of a | 34945 |
| possible termination shall be provided in advance, explaining any | 34946 |
| options to prevent termination, and a reasonable amount of time | 34947 |
| shall be provided within which to act to prevent a termination; | 34948 |
| (22) Maintain a separate account for each tuition payment or | 34949 |
| variable college savings program contract; | 34950 |
| (23) Perform all acts necessary and proper to carry out the | 34951 |
| duties and responsibilities of the authority pursuant to this | 34952 |
| chapter. | 34953 |
| (B) The authority shall adopt rules under section 111.15 of | 34954 |
| the Revised Code for the implementation and administration of the | 34955 |
| variable college savings program. The rules shall provide | 34956 |
| taxpayers with the maximum tax advantages and flexibility | 34957 |
| consistent with section 529 of the Internal Revenue Code and | 34958 |
| regulations adopted thereunder with regard to disposition of | 34959 |
| contributions and earnings, designation of beneficiaries, and | 34960 |
| rollover of account assets to other programs. | 34961 |
| (C) Except as otherwise specified in this chapter, the | 34962 |
| provisions of Chapters 123., 125., and 4117. of the Revised Code | 34963 |
| shall not apply to the authority. The department of administrative | 34964 |
| services shall, upon the request of the authority, act as the | 34965 |
| authority's agent for the purchase of equipment, supplies, | 34966 |
| insurance, or services, or the performance of administrative | 34967 |
| services pursuant to Chapter 125. of the Revised Code. | 34968 |
| Sec. 3334.09. (A) Except in the case of a scholarship | 34969 |
| program established in accordance with section 3334.17 of the | 34970 |
| Revised Code, the Ohio tuition trust authority may enter into a | 34971 |
| tuition payment contract with any person for the purchase of | 34972 |
| tuition | 34973 |
| is a resident of this state at the time the contract is entered | 34974 |
| into. A tuition payment contract shall allow any person to | 34975 |
| purchase tuition | 34976 |
| authority pursuant to section 3334.07 or 3334.12 of the Revised | 34977 |
|
Code for the year in which the tuition | 34978 |
| The purchaser shall name in the payment contract one specific | 34979 |
| individual as the beneficiary
for the tuition | 34980 |
| In accordance with rules of the authority, | 34981 |
| be transferred to the credit of another beneficiary and a new | 34982 |
| beneficiary may be substituted for the beneficiary originally | 34983 |
| named in the contract. | 34984 |
| (B) Each tuition | 34985 |
| an amount equal to one per cent of the weighted average tuition. | 34986 |
| (C) Nothing in this chapter or in any tuition payment | 34987 |
| contract entered into pursuant to this chapter shall be construed | 34988 |
| as a guarantee by the state, the authority, or any institution of | 34989 |
| higher education that a beneficiary will be admitted to an | 34990 |
| institution of higher education, or, upon admission to an | 34991 |
| institution of higher education, will be permitted to continue to | 34992 |
| attend or will receive a degree from an institution of higher | 34993 |
| education. Nothing in this chapter or in any tuition payment | 34994 |
| contract entered into pursuant to this chapter shall be considered | 34995 |
| a guarantee that the beneficiary's cost of tuition at an | 34996 |
| institution of higher education other than a state institution of | 34997 |
| higher education will be covered in full by the proceeds of the | 34998 |
| beneficiary's tuition | 34999 |
| (D) The following information shall be disclosed in writing | 35000 |
| to each purchaser of tuition | 35001 |
| to each entity establishing a scholarship program under section | 35002 |
| 3334.17 of the Revised Code: | 35003 |
| (1) The terms and conditions for the purchase and use of | 35004 |
| tuition | 35005 |
| (2) In the case of a contract described by division (A) of | 35006 |
| this section, any restrictions on the substitution of another | 35007 |
| individual for the original beneficiary and any restrictions on | 35008 |
|
the transfer of ownership of | 35009 |
| (3) The person or entity entitled to terminate the contract; | 35010 |
| (4) The terms and conditions under which the contract may be | 35011 |
| terminated and the amount of the refund, if any, to which the | 35012 |
| person or entity terminating the contract, or that person's or | 35013 |
| entity's designee, is entitled upon termination; | 35014 |
| (5) The obligation of the authority to make payments to a | 35015 |
| beneficiary, or an institution of higher education on behalf of a | 35016 |
| beneficiary, under division (B) of this section based upon the | 35017 |
|
number of tuition | 35018 |
| beneficiary or awarded to the beneficiary pursuant to a | 35019 |
| scholarship program; | 35020 |
| (6) The method by which tuition | 35021 |
| applied toward payment of tuition and other higher education | 35022 |
| expenses if in any academic term the beneficiary is a part-time | 35023 |
| student; | 35024 |
| (7) The period of time during which a beneficiary may receive | 35025 |
| benefits under the contract; | 35026 |
| (8) The terms and conditions under which money may be wholly | 35027 |
| or partially withdrawn from the program, including, but not | 35028 |
| limited to, any reasonable charges and fees that may be imposed | 35029 |
| for withdrawal; | 35030 |
| (9) All other rights and obligations of the purchaser and the | 35031 |
| authority, including the provisions of division (A) of section | 35032 |
| 3334.12 of the Revised Code, and any other terms, conditions, and | 35033 |
| provisions the authority considers necessary and appropriate. | 35034 |
| (E) A tuition payment contract may provide that the authority | 35035 |
| will pay directly to the institution of higher education in which | 35036 |
| a beneficiary is enrolled during a term the amount represented by | 35037 |
| the tuition | 35038 |
| (F) A tuition payment contract described by division (A) of | 35039 |
| this section may provide that if the contract has not been | 35040 |
| terminated or | 35041 |
| been applied toward the payment of tuition or other higher | 35042 |
| education expenses within a specified period of time, the | 35043 |
| authority may, after making a reasonable effort to locate the | 35044 |
| purchaser of the tuition | 35045 |
| person designated in the contract to act on behalf of the | 35046 |
| purchaser of the | 35047 |
| contract and retain the amounts payable under the contract. | 35048 |
| (G) If, at any time after tuition | 35049 |
| on behalf of a beneficiary or awarded to a beneficiary or pursuant | 35050 |
| to a scholarship program, the beneficiary becomes a nonresident of | 35051 |
| this state, or, if the beneficiary was not a resident of this | 35052 |
| state at the time the tuition payment contract was entered into, | 35053 |
| the purchaser becomes a nonresident of this state,
| 35054 |
| purchased or awarded while the beneficiary was a resident may be | 35055 |
| applied on behalf of the beneficiary toward the payment of tuition | 35056 |
| at an institution of higher education and other higher education | 35057 |
| expenses in the manner specified in division (B) of this section, | 35058 |
| except that if the beneficiary enrolls in a state institution of | 35059 |
| higher education, the beneficiary shall be responsible for payment | 35060 |
| of all nonresident fees charged to out-of-state residents by the | 35061 |
| institution in which the beneficiary is enrolled. | 35062 |
| Sec. 3334.10. Divisions (A) | 35063 |
| section do not apply to scholarship programs established under | 35064 |
| section 3334.17 of the Revised Code. | 35065 |
| (A) Unless otherwise provided for in the
| 35066 |
|
payment
contract | 35067 |
| 35068 | |
| 35069 |
| | 35070 |
| 35071 |
| | 35072 |
| 35073 | |
| 35074 | |
| 35075 |
| | 35076 |
| 35077 |
| | 35078 |
| 35079 |
| | 35080 |
| 35081 |
| | 35082 |
| 35083 | |
| , the purchaser may rollover amounts to another qualified tuition | 35084 |
| program under section 529 of the Internal Revenue Code or | 35085 |
| terminate the contract for any reason by filing written notice | 35086 |
| with the Ohio tuition trust authority. | 35087 |
| (1)
| 35088 |
| 35089 | |
| under eighteen years of age, the authority shall use actuarially | 35090 |
| sound principles to determine the
amount of
the refund | 35091 |
| 35092 | |
| 35093 | |
| 35094 | |
| 35095 | |
| 35096 | |
| 35097 | |
| 35098 | |
| 35099 |
| (2)
| 35100 |
| the contract is terminated because of the death or permanent | 35101 |
| disability of the beneficiary, the amount of the refund shall be | 35102 |
| equal to the greater of the following: | 35103 |
| (a) One per cent of the weighted average tuition in the | 35104 |
| academic year the refund is paid, multiplied by the number of | 35105 |
|
tuition
| 35106 |
| (b) The total purchase price of all tuition
| 35107 |
| purchased for the beneficiary and not used. | 35108 |
| (3) | 35109 |
| 35110 | |
| 35111 |
| | 35112 |
| | 35113 |
| 35114 | |
| 35115 | |
| 35116 | |
| 35117 | |
| part of the amount accrued under the contract is liquidated for a | 35118 |
| rollover to another qualified tuition program under section 529 of | 35119 |
| the Internal Revenue Code, the rollover amount shall be determined | 35120 |
| in an actuarially sound manner. | 35121 |
| | 35122 |
|
contributor of a variable college
savings program
account may
| 35123 |
| 35124 | |
| program under section 529 of the Internal Revenue Code or | 35125 |
| terminate the
| 35126 |
| 35127 | |
| 35128 | |
| 35129 | |
| 35130 |
| | 35131 |
| 35132 | |
| 35133 | |
| authority. | 35134 |
| | 35135 |
|
may
receive | 35136 |
| 35137 | |
| 35138 | |
| 35139 | |
| 35140 | |
| 35141 |
| | 35142 |
| 35143 | |
| 35144 | |
| 35145 | |
| 35146 | |
| 35147 | |
| 35148 |
| | 35149 |
| 35150 | |
| 35151 | |
| 35152 |
| | 35153 |
| refund of
tuition
| 35154 |
| 35155 | |
| request with the authority. The refund shall be paid to the entity | 35156 |
| that established the scholarship program or, with that entity's | 35157 |
| approval, to the authority if this is authorized by federal tax | 35158 |
| law. The amount of any refund shall be determined by the authority | 35159 |
| and shall meet the requirements for refunds made on account of | 35160 |
| scholarships under section 529 of the Internal Revenue Code. | 35161 |
| | 35162 |
| 35163 | |
| 35164 | |
| 35165 | |
| 35166 | |
| 35167 | |
| 35168 | |
| 35169 | |
| 35170 | |
| 35171 | |
| 35172 | |
| 35173 | |
| 35174 | |
| 35175 | |
| 35176 | |
| 35177 | |
| 35178 |
| | 35179 |
| 35180 | |
| 35181 | |
| 35182 | |
| 35183 | |
| 35184 | |
| 35185 | |
| 35186 | |
| 35187 | |
| 35188 | |
| 35189 | |
| 35190 | |
| 35191 | |
| 35192 |
| | 35193 |
| each variable college savings contract entered into pursuant to | 35194 |
| division (A) of section 3334.18 of the Revised Code for | 35195 |
| contributions made on behalf of a beneficiary, showing the name of | 35196 |
| the beneficiary of that contract and the amount of contributions | 35197 |
| made pursuant to that contract. Upon request of any beneficiary or | 35198 |
| contributor, the authority shall provide a statement indicating, | 35199 |
| in the case of a beneficiary, the amount of contributions made | 35200 |
| pursuant to that contract on behalf of the beneficiary, or, in the | 35201 |
| case of a contributor, contributions made, disbursed, or refunded | 35202 |
| pursuant to that contract. | 35203 |
| Sec. 3334.11. (A) The assets of the Ohio tuition trust | 35204 |
| authority reserved for payment of the obligations of the authority | 35205 |
| pursuant to tuition payment contracts shall be placed in a fund, | 35206 |
| which is hereby created and shall be known as the Ohio tuition | 35207 |
| trust fund. The fund shall be in the custody of the treasurer of | 35208 |
| state, but shall not be part of the state treasury. That portion | 35209 |
| of payments received by the authority or the treasurer of state | 35210 |
| from persons purchasing tuition | 35211 |
| payment contracts that the authority determines is actuarially | 35212 |
| necessary for the payment of obligations of the authority pursuant | 35213 |
| to tuition payment contracts, all interest and investment income | 35214 |
| earned by the fund, and all other receipts of the authority from | 35215 |
| any other source that the authority determines appropriate, shall | 35216 |
| be deposited in the fund. No purchaser or beneficiary of tuition | 35217 |
| 35218 | |
| institution of higher education. All investment fees and other | 35219 |
| costs incurred in connection with the exercise of the investment | 35220 |
| powers of the authority pursuant to divisions (D) and (E) of this | 35221 |
| section shall be paid from the assets of the fund. | 35222 |
| (B) Unless otherwise provided by the authority, the assets of | 35223 |
| the Ohio tuition trust fund shall be expended in the following | 35224 |
| order: | 35225 |
| (1) To make payments to beneficiaries, or institutions of | 35226 |
| higher education on behalf of beneficiaries, under division (B) of | 35227 |
| section 3334.09 of the Revised Code; | 35228 |
| (2) To make refunds as provided in divisions | 35229 |
| 35230 |
| (3) To pay the investment fees and other costs of | 35231 |
| administering the fund. | 35232 |
| (C)(1) Except as may be provided in an agreement under | 35233 |
| division (A)(19) of section 3334.08 of the Revised Code, all | 35234 |
| disbursements from the Ohio tuition trust fund shall be made by | 35235 |
| the treasurer of state on order of a designee of the authority. | 35236 |
| (2) The treasurer of state shall deposit any portion of the | 35237 |
| Ohio tuition trust fund not needed for immediate use in the same | 35238 |
| manner as state funds are deposited. | 35239 |
| (D) The authority is the trustee of the Ohio tuition trust | 35240 |
| fund. The authority shall have full power to invest the assets of | 35241 |
| the fund and in exercising this power shall be subject to the | 35242 |
| limitations and requirements contained in divisions (K) to (M) of | 35243 |
| this section and sections 145.112 and 145.113 of the Revised Code. | 35244 |
| The evidences of title of all investments shall be delivered to | 35245 |
| the treasurer of state or to a qualified trustee designated by the | 35246 |
| treasurer of state as provided in section 135.18 of the Revised | 35247 |
| Code. Assets of the fund shall be administered by the authority in | 35248 |
| a manner designed to be actuarially sound so that the assets of | 35249 |
| the fund will be sufficient to satisfy the obligations of the | 35250 |
| authority pursuant to tuition payment contracts and defray the | 35251 |
| reasonable expenses of administering the fund. | 35252 |
| (E) The public employees retirement board shall, with the | 35253 |
| approval of the authority, exercise the investment powers of the | 35254 |
| authority as set forth in division (D) of this section until the | 35255 |
| authority determines that assumption and exercise by the authority | 35256 |
| of the investment powers is financially and administratively | 35257 |
| feasible. The investment powers shall be exercised by the public | 35258 |
| employees retirement board in a manner agreed upon by the | 35259 |
| authority that maximizes the return on investment and minimizes | 35260 |
| the administrative expenses. | 35261 |
| (F)(1) The authority shall maintain a separate account for | 35262 |
| each tuition payment contract entered into pursuant to division | 35263 |
| (A) of section 3334.09 of the Revised Code for the purchase of | 35264 |
|
tuition | 35265 |
| showing the beneficiary or beneficiaries of that contract and the | 35266 |
|
number of tuition | 35267 |
| contract. Upon request of any beneficiary or person who has | 35268 |
| entered into a tuition payment contract, the authority shall | 35269 |
| provide a statement indicating, in the case of a beneficiary, the | 35270 |
| number of tuition
| 35271 |
| beneficiary, or in the case of a person who has entered into a | 35272 |
| tuition payment contract, the
number of tuition | 35273 |
| purchased, used, or refunded pursuant to that contract. A | 35274 |
| beneficiary and person that have entered into a tuition payment | 35275 |
| contract each may file only one request under this division in any | 35276 |
| year. | 35277 |
| (2) The authority shall maintain an account for each | 35278 |
|
scholarship program showing the number of tuition | 35279 |
| that have been purchased for or donated to the program and the | 35280 |
| number
of tuition | 35281 |
| request of the entity that established the scholarship program, | 35282 |
| the authority shall provide a statement indicating these numbers. | 35283 |
| (G) In addition to the Ohio tuition trust fund, there is | 35284 |
| hereby established a reserve fund that shall be in the custody of | 35285 |
| the treasurer of state but shall not be part of the state | 35286 |
| treasury, and shall be known as the Ohio tuition trust reserve | 35287 |
| fund, and an operating fund that shall be part of the state | 35288 |
| treasury, and shall be known as the Ohio tuition trust operating | 35289 |
| fund. That portion of payments received by the authority or the | 35290 |
|
treasurer of state from persons purchasing tuition | 35291 |
| under tuition payment contracts that the authority determines is | 35292 |
| not actuarially necessary for the payment of obligations of the | 35293 |
| authority pursuant to tuition payment contracts, any interest and | 35294 |
| investment income earned by the reserve fund, any administrative | 35295 |
| charges and fees imposed by the authority on transactions under | 35296 |
|
this chapter or on purchasers or beneficiaries of tuition
| 35297 |
| units, and all other receipts from any other source that the | 35298 |
| authority determines appropriate, shall be deposited in the | 35299 |
| reserve fund to pay the operating expenses of the authority and | 35300 |
| the costs of administering the program. The assets of the reserve | 35301 |
| fund may be invested in the same manner and subject to the same | 35302 |
| limitations set forth in divisions (D), (E), and (K) to (M) of | 35303 |
| this section and sections 145.112 and 145.113 of the Revised Code. | 35304 |
| All investment fees and other costs incurred in connection with | 35305 |
| the exercise of the investment powers shall be paid from the | 35306 |
| assets of the reserve fund. Except as otherwise provided for in | 35307 |
| this chapter, all operating expenses of the authority and costs of | 35308 |
| administering the program shall be paid from the operating fund. | 35309 |
| The treasurer shall, upon request of the authority, transfer funds | 35310 |
| from the reserve fund to the operating fund as the authority | 35311 |
| determines appropriate to pay those current operating expenses of | 35312 |
| the authority and costs of administering the program as the | 35313 |
| authority designates. Any interest or investment income earned on | 35314 |
| the assets of the operating fund shall be deposited in the | 35315 |
| operating fund. | 35316 |
| (H) In January of each year the authority shall report to | 35317 |
| each person who received any payments or refunds from the | 35318 |
| authority during the preceding year information relative to the | 35319 |
| value of the payments or refunds to assist in determining that | 35320 |
| person's tax liability. | 35321 |
| (I) The authority shall report to the tax commissioner any | 35322 |
| information, and at the times, as the tax commissioner requires to | 35323 |
| determine any tax liability that a person may have incurred during | 35324 |
| the preceding year as a result of having received any payments or | 35325 |
| refunds from the authority. | 35326 |
| (J) All records of the authority indicating the identity of | 35327 |
| purchasers and beneficiaries of tuition | 35328 |
|
savings bonds, the number of tuition | 35329 |
| used, or refunded under a tuition payment contract, and the number | 35330 |
| of college savings bonds purchased, held, or redeemed are not | 35331 |
| public records within the meaning of section 149.43 of the Revised | 35332 |
| Code. | 35333 |
| (K) The authority and other fiduciaries shall discharge their | 35334 |
| duties with respect to the funds with care, skill, prudence, and | 35335 |
| diligence under the circumstances then prevailing that a prudent | 35336 |
| person acting in a like capacity and familiar with such matters | 35337 |
| would use in the conduct of an enterprise of a like character and | 35338 |
| with like aims; and by diversifying the investments of the assets | 35339 |
| of the funds so as to minimize the risk of large losses, unless | 35340 |
| under the circumstances it is clearly prudent not to do so. | 35341 |
| To facilitate investment of the funds, the authority may | 35342 |
| establish a partnership, trust, limited liability company, | 35343 |
| corporation, including a corporation exempt from taxation under | 35344 |
| the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C. 1, as | 35345 |
| amended, or any other legal entity authorized to transact business | 35346 |
| in this state. | 35347 |
| (L) In exercising its fiduciary responsibility with respect | 35348 |
| to the investment of the assets of the funds, it shall be the | 35349 |
| intent of the authority to give consideration to investments that | 35350 |
| enhance the general welfare of the state and its citizens where | 35351 |
| the investments offer quality, return, and safety comparable to | 35352 |
| other investments currently available to the authority. In | 35353 |
| fulfilling this intent, equal consideration shall also be given to | 35354 |
| investments otherwise qualifying under this section that involve | 35355 |
| minority owned and controlled firms and firms owned and controlled | 35356 |
| by women, either alone or in joint venture with other firms. | 35357 |
| The authority shall adopt, in regular meeting, policies, | 35358 |
| objectives, or criteria for the operation of the investment | 35359 |
| program that include asset allocation targets and ranges, risk | 35360 |
| factors, asset class benchmarks, time horizons, total return | 35361 |
| objectives, and performance evaluation guidelines. In adopting | 35362 |
| policies and criteria for the selection of agents with whom the | 35363 |
| authority may contract for the administration of the assets of the | 35364 |
| funds, the authority shall give equal consideration to minority | 35365 |
| owned and controlled firms, firms owned and controlled by women, | 35366 |
| and ventures involving minority owned and controlled firms and | 35367 |
| firms owned and controlled by women that otherwise meet the | 35368 |
| policies and criteria established by the authority. Amendments and | 35369 |
| additions to the policies and criteria shall be adopted in regular | 35370 |
| meeting. The authority shall publish its policies, objectives, and | 35371 |
| criteria under this provision no less often than annually and | 35372 |
| shall make copies available to interested parties. | 35373 |
| When reporting on the performance of investments, the | 35374 |
| authority shall comply with the performance presentation standards | 35375 |
| established by the association for investment management and | 35376 |
| research. | 35377 |
| (M) All investments shall be purchased at current market | 35378 |
| prices and the evidences of title of the investments shall be | 35379 |
| placed in the hands of the treasurer of state, who is hereby | 35380 |
| designated as custodian thereof, or in the hands of the treasurer | 35381 |
| of state's authorized agent. The treasurer of state or the agent | 35382 |
| shall collect the principal, dividends, distributions, and | 35383 |
| interest thereon as they become due and payable and place them | 35384 |
| when so collected into the custodial funds. | 35385 |
| The treasurer of state shall pay for investments purchased by | 35386 |
| the authority on receipt of written or electronic instructions | 35387 |
| from the authority or the authority's designated agent authorizing | 35388 |
| the purchase and pending receipt of the evidence of title of the | 35389 |
| investment by the treasurer of state or the treasurer of state's | 35390 |
| authorized agent. The authority may sell investments held by the | 35391 |
| authority, and the treasurer of state or the treasurer of state's | 35392 |
| authorized agent shall accept payment from the purchaser and | 35393 |
| deliver evidence of title of the investment to the purchaser on | 35394 |
| receipt of written or electronic instructions from the authority | 35395 |
| or the authority's designated agent authorizing the sale, and | 35396 |
| pending receipt of the moneys for the investments. The amount | 35397 |
| received shall be placed in the custodial funds. The authority and | 35398 |
| the treasurer of state may enter into agreements to establish | 35399 |
| procedures for the purchase and sale of investments under this | 35400 |
| division and the custody of the investments. | 35401 |
| No purchase or sale of any investment shall be made under | 35402 |
| this section except as authorized by the authority. | 35403 |
| Any statement of financial position distributed by the | 35404 |
| authority shall include fair value, as of the statement date, of | 35405 |
| all investments held by the authority under this section. | 35406 |
| Sec. 3334.12. Notwithstanding anything to the contrary in | 35407 |
| sections 3334.07 and 3334.09 of the Revised Code: | 35408 |
| (A) Annually, the Ohio tuition trust authority shall have the | 35409 |
| actuarial soundness of the Ohio tuition trust fund evaluated by a | 35410 |
| nationally recognized actuary and shall determine whether | 35411 |
| additional assets are necessary to defray the obligations of the | 35412 |
| authority. If, after the authority sets the price for tuition | 35413 |
| 35414 | |
| determines necessitate an additional evaluation of the actuarial | 35415 |
| soundness of the fund, the executive director shall have a | 35416 |
| nationally recognized actuary conduct the necessary evaluation. If | 35417 |
| the assets of the fund are insufficient to ensure the actuarial | 35418 |
| soundness of the fund, the authority shall adjust the price of | 35419 |
|
subsequent purchases of tuition
| 35420 |
| necessary to help restore the actuarial soundness of the fund. If, | 35421 |
| at any time, the adjustment is likely, in the opinion of the | 35422 |
|
authority, to diminish the marketability of tuition | 35423 |
| to an
extent that the continued sale of the | 35424 |
| would not restore the actuarial soundness of the fund and external | 35425 |
| economic factors continue to negatively impact the soundness of | 35426 |
| the program, the authority may suspend sales, either permanently | 35427 |
| or temporarily, of tuition | 35428 |
| the authority shall continue to service existing college savings | 35429 |
| program accounts. | 35430 |
| (B) Upon termination of the program or liquidation of the | 35431 |
| Ohio tuition trust fund, the Ohio tuition trust reserve fund, and | 35432 |
| the Ohio tuition trust operating fund, any remaining assets of the | 35433 |
| funds after all obligations of the funds have been satisfied | 35434 |
| pursuant to division (B) of section 3334.11 of the Revised Code | 35435 |
| shall be transferred to the general revenue fund of the state. | 35436 |
| (C) The authority shall prepare and cause to have audited an | 35437 |
| annual financial report on all financial activity of the Ohio | 35438 |
| tuition trust authority within ninety days of the end of the | 35439 |
| fiscal year. The authority shall transmit a copy of the audited | 35440 |
| financial report to the governor, the president of the senate, the | 35441 |
| speaker of the house of representatives, and the minority leaders | 35442 |
| of the senate and the house of representatives. Copies of the | 35443 |
| audited financial report also shall be made available, upon | 35444 |
| request, to the persons entering into contracts with the authority | 35445 |
| and to prospective
purchasers of
tuition | 35446 |
| prospective contributors to variable college savings program | 35447 |
| accounts. | 35448 |
| Sec. 3334.15. (A) The right of a person to a tuition
| 35449 |
| unit or a payment under section 3334.09 of the Revised Code | 35450 |
|
pursuant to a
tuition | 35451 |
| program, or a variable college savings program account shall not | 35452 |
| be subject to execution, garnishment, attachment, the operation of | 35453 |
| bankruptcy or the insolvency laws, or other process of law. | 35454 |
| (B) The right of a person to a tuition
| 35455 |
| payment under section 3334.09 of the Revised Code pursuant to a | 35456 |
|
tuition | 35457 |
| variable college savings program account shall not be used as | 35458 |
| security or collateral for a loan. | 35459 |
| Sec. 3334.16. The general assembly hereby finds that the | 35460 |
| prepaid tuition program providing for the sale of tuition credits | 35461 |
| units by the Ohio tuition trust authority is an official state | 35462 |
| function, offered through an agency of this state, which agency | 35463 |
| receives state appropriations. Therefore, the authority is | 35464 |
| directed by the state of Ohio to assume it is exempt from federal | 35465 |
| tax liability. | 35466 |
| Sec. 3334.17. (A) The state, any political subdivision of | 35467 |
| the state, and any organization that is exempt from federal income | 35468 |
| taxation under section 501 (a) and described in section 501 (c)(3) | 35469 |
| of the Internal Revenue Code, including the Ohio tuition trust | 35470 |
| authority if this is authorized under federal tax law, may | 35471 |
| establish a scholarship program to award scholarships consisting | 35472 |
| of contributions made to any college savings program for students. | 35473 |
| Any scholarship program established under this section shall be | 35474 |
| registered with the authority. The authority shall be notified of | 35475 |
| the name and address of each scholarship beneficiary under the | 35476 |
| program, the amounts awarded, and the institution of higher | 35477 |
| education in which the beneficiary is enrolled. Scholarship | 35478 |
| beneficiaries shall be selected by the entity establishing the | 35479 |
| scholarship program, in accordance with criteria established by | 35480 |
| the entity. | 35481 |
| (B) Any person or governmental entity may purchase tuition | 35482 |
| 35483 | |
| be established in accordance with division (A) of this section at | 35484 |
|
the same price as is
established for the purchase of
| 35485 |
|
for named beneficiaries
pursuant to this chapter. Tuition
| 35486 |
| units shall have the same value to the beneficiary of a | 35487 |
| scholarship awarded pursuant to this section as they would have to | 35488 |
| any other beneficiary pursuant to division (B) of section 3334.09 | 35489 |
| of the Revised Code. | 35490 |
| (C) The entity establishing and maintaining a scholarship | 35491 |
| program shall specify whether a scholarship beneficiary may | 35492 |
| receive a refund or payment for the amount awarded under the | 35493 |
| scholarship program directly from the authority, or whether the | 35494 |
| amount awarded shall be paid by the authority only to the | 35495 |
| institution of higher education in which the student is enrolled. | 35496 |
| (D) If a scholarship beneficiary does not use the amount | 35497 |
| awarded within a length of time specified under the scholarship | 35498 |
| program, the amount may be awarded to another beneficiary. | 35499 |
| Sec. 3334.18. (A) A variable college savings program | 35500 |
| established by the Ohio tuition trust authority shall include | 35501 |
| provisions for a contract to be entered into between a contributor | 35502 |
| and the authority that will authorize the contributor to open an | 35503 |
| account for a beneficiary and authorize the contributor to | 35504 |
| substitute a new beneficiary for one originally named in the | 35505 |
| contract, to the extent permitted by section 529 of the Internal | 35506 |
| Revenue Code. | 35507 |
| (B) The authority shall provide adequate safeguards to | 35508 |
| prevent total contributions to a variable college savings program | 35509 |
|
account or purchases
of tuition
| 35510 |
| or combined, that are made on behalf of a beneficiary from | 35511 |
| exceeding the amount necessary to provide for the tuition and | 35512 |
| other higher education expenses of the beneficiary, consistent | 35513 |
| with the maximum contributions permitted by section 529 of the | 35514 |
| Internal Revenue Code. However, in no event shall contributions or | 35515 |
| purchases exceed the
allowable limit for a qualified | 35516 |
| program under section 529 of the Internal Revenue Code. | 35517 |
| (C)(1) Participation in the variable college savings program | 35518 |
| does not guarantee that contributions and the investment return on | 35519 |
| contributions, if any, will be adequate to cover future tuition | 35520 |
| and other higher education expenses or that a beneficiary will be | 35521 |
| admitted to or permitted to continue to attend an institution of | 35522 |
| higher education. | 35523 |
| (2) Returns on contributors' investments in the variable | 35524 |
| college savings program are not guaranteed by the state and the | 35525 |
| contributors to the variable college savings program assume all | 35526 |
| investment risk, including the potential loss of principal and | 35527 |
| liability for penalties such as those levied for noneducational | 35528 |
| withdrawals. | 35529 |
| (3) The state shall have no debt or obligation to any | 35530 |
| contributor, beneficiary, or any other person as a result of the | 35531 |
| establishment of the program, and the state assumes no risk or | 35532 |
| liability for funds invested in the variable college savings | 35533 |
| program. | 35534 |
| (4) Informational materials about the variable college | 35535 |
| savings program prepared by the authority or its agents and | 35536 |
| provided to prospective contributors shall state clearly the | 35537 |
| information set forth in division (C) of this section. | 35538 |
| Sec. 3334.19. (A) The Ohio tuition trust authority shall | 35539 |
| adopt an investment plan that sets forth investment policies and | 35540 |
| guidelines to be utilized in administering the variable college | 35541 |
| savings program. Except as provided in section 3334.20 of the | 35542 |
| Revised Code, the authority shall contract with one or more | 35543 |
| insurance companies, banks, or other financial institutions to act | 35544 |
| as its investment agents and to provide such services as the | 35545 |
| authority considers appropriate to the investment plan, including: | 35546 |
| (1) Purchase, control, and safekeeping of assets; | 35547 |
| (2) Record keeping and accounting for individual accounts and | 35548 |
| for the program as a whole; | 35549 |
| (3) Provision of consolidated statements of account. | 35550 |
| (B) The authority or its investment agents shall maintain a | 35551 |
| separate account for the beneficiary of each contract entered into | 35552 |
| under the variable college savings program. If a beneficiary has | 35553 |
| more than one such account, the authority or its agents shall | 35554 |
| track total contributions and earnings and provide a consolidated | 35555 |
| system of account distributions to institutions of higher | 35556 |
| education. | 35557 |
| (C) The authority or its investment agents may place assets | 35558 |
| of the program in savings accounts and may purchase fixed or | 35559 |
| variable life insurance or annuity contracts, securities, evidence | 35560 |
| of indebtedness, or other investment products pursuant to the | 35561 |
| investment plan. | 35562 |
| (D) Contributors shall not direct the investment of their | 35563 |
| contributions under the investment plan. The authority shall | 35564 |
| impose other limits on contributors' investment discretion to the | 35565 |
| extent required under section 529 of the Internal Revenue Code. | 35566 |
| (E) The investment agents with which the authority contracts | 35567 |
| shall discharge their duties with respect to program funds with | 35568 |
| the care and diligence that a prudent person familiar with such | 35569 |
| matters and with the character and aims of the program would use. | 35570 |
| (F) The assets of the program shall be preserved, invested, | 35571 |
| and expended solely for the purposes of this chapter and shall not | 35572 |
| be loaned or otherwise transferred or used by the state for any | 35573 |
| other purpose. This section shall not be construed to prohibit the | 35574 |
| investment agents of the authority from investing, by purchase or | 35575 |
| otherwise, in bonds, notes, or other obligations of the state or | 35576 |
| any agency or instrumentality of the state. Unless otherwise | 35577 |
| specified by the authority, assets of the program shall be | 35578 |
| expended in the following order of priority: | 35579 |
| (1) To make payments on behalf of beneficiaries; | 35580 |
| (2) To make refunds upon termination of variable college | 35581 |
| savings program contracts; | 35582 |
| (3) To pay the authority's costs of administering the | 35583 |
| program; | 35584 |
| (4) To pay or cover any other expenditure or disbursement the | 35585 |
| authority determines necessary or appropriate. | 35586 |
| (G) Fees, charges, and other costs imposed or collected by | 35587 |
| the authority in connection with the variable college savings | 35588 |
| program, including any fees or other payments that the authority | 35589 |
| requires an investment agent to pay to the authority, shall be | 35590 |
| credited to either the variable operating fund or the index | 35591 |
| operating fund at the discretion of the authority. | 35592 |
| 35593 | |
| 35594 | |
| incurred in the administration of the variable college savings | 35595 |
| program, as well as other expenses, disbursements, or payments the | 35596 |
| authority considers appropriate for the benefit of any college | 35597 |
| savings programs administered by the authority, the state of Ohio | 35598 |
| and its citizens, shall be paid from the variable operating fund | 35599 |
| or the index operating fund at the discretion of the authority. | 35600 |
| (H) No records of the authority indicating the identity of | 35601 |
| purchasers, contributors, and beneficiaries under the program or | 35602 |
| amounts contributed to, earned by, or distributed from program | 35603 |
| accounts are public records within the meaning of section 149.43 | 35604 |
| of the Revised Code. | 35605 |
| Sec. 3335.02. (A) The government of the Ohio state | 35606 |
|
university shall be vested in a board of | 35607 |
| in 2005, and seventeen trustees beginning in 2006, who shall be | 35608 |
| appointed by the governor, with the advice and consent of the | 35609 |
| senate. Two of the | 35610 |
| the Ohio state university, and their selection and terms shall be | 35611 |
| in accordance with division (B) of this section. Except as | 35612 |
| provided in division (C) of this section and except for the terms | 35613 |
| of student members, terms of office shall be for nine years, | 35614 |
| commencing on the fourteenth day of May and ending on the | 35615 |
| thirteenth day of May. Each trustee shall hold office from the | 35616 |
| date of appointment until the end of the term for which the | 35617 |
| trustee was appointed. Any trustee appointed to fill a vacancy | 35618 |
| occurring prior to the expiration of the term for which the | 35619 |
| trustee's predecessor was appointed shall hold office for the | 35620 |
| remainder of such term. Any trustee shall continue in office | 35621 |
| subsequent to the expiration date of the trustee's term until the | 35622 |
| trustee's successor takes office, or until a period of sixty days | 35623 |
| has elapsed, whichever occurs first. No person who has served a | 35624 |
| full nine-year term or more than six years of such a term shall be | 35625 |
| eligible for reappointment until a period of four years has | 35626 |
| elapsed since the last day of the term for which the person | 35627 |
| previously served. The trustees shall not receive compensation for | 35628 |
| their services, but shall be paid their reasonable necessary | 35629 |
| expenses while engaged in the discharge of their official duties. | 35630 |
| (B) The student members of the board of trustees of the Ohio | 35631 |
| state university have no voting power on the board. Student | 35632 |
| members shall not be considered as members of the board in | 35633 |
| determining whether a quorum is present. Student members shall not | 35634 |
| be entitled to attend executive sessions of the board. The student | 35635 |
| members of the board shall be appointed by the governor, with the | 35636 |
| advice and consent of the senate, from a group of five candidates | 35637 |
| selected pursuant to a procedure adopted by the university's | 35638 |
| student governments and approved by the university's board of | 35639 |
| trustees. The initial term of office of one of the student members | 35640 |
| shall commence on May 14, 1988 and shall expire on May 13, 1989, | 35641 |
| and the initial term of office of the other student member shall | 35642 |
| commence on May 14, 1988 and expire on May 13, 1990. Thereafter, | 35643 |
| terms of office of student members shall be for two years, each | 35644 |
| term ending on the same day of the same month of the year as the | 35645 |
| term it succeeds. In the event a student member cannot fulfill a | 35646 |
| two-year term, a replacement shall be selected to fill the | 35647 |
| unexpired term in the same manner used to make the original | 35648 |
| selection. | 35649 |
| (C)(1) The initial terms of office for the three additional | 35650 |
| trustees appointed in 2005 shall commence on a date in 2005 that | 35651 |
| is selected by the governor with one term of office expiring on | 35652 |
| May 13, 2009, one term of office expiring on May 13, 2010, and one | 35653 |
| term of office expiring on May 13, 2011, as designated by the | 35654 |
| governor upon appointment. Thereafter terms of office shall be for | 35655 |
| nine years, as provided in division (A) of this section. | 35656 |
| (2) The initial terms of office for the three additional | 35657 |
| trustees appointed in 2006 shall commence on May 14, 2006, with | 35658 |
| one term of office expiring on May 13, 2012, one term of office | 35659 |
| expiring on May 13, 2013, and one term of office expiring on May | 35660 |
| 13, 2014, as designated by the governor upon appointment. | 35661 |
| Thereafter terms of office shall be for nine years, as provided in | 35662 |
| division (A) of this section. | 35663 |
| Sec. 3345.10. (A) As used in this section | 35664 |
| | 35665 |
| 35666 | |
| 35667 | |
| 35668 | |
| Code. | 35669 |
| (B) Each state institution of higher education shall | 35670 |
| establish competitive bidding procedures for the purchase of | 35671 |
| printed material and shall award
all | 35672 |
| purchase of printed material in accordance with | 35673 |
| procedures.
| 35674 |
| procedures shall require the institution to evaluate all bids | 35675 |
| received for all contracts for the purchase of printed material | 35676 |
| 35677 | |
| 35678 | |
| 35679 |
| | 35680 |
| 35681 | |
| 35682 | |
| 35683 |
| | 35684 |
| 35685 | |
| 35686 | |
| 35687 | |
| with the criteria and procedures established pursuant to divisions | 35688 |
| (C)(1) and (2) of section 125.09 of the Revised Code for | 35689 |
| determining whether bidders will produce the printed material at | 35690 |
| manufacturing facilities within this state or in accordance with | 35691 |
| the criteria and procedures established pursuant to division | 35692 |
| (C)(4) or (5) of that section for determining whether bidders are | 35693 |
| otherwise qualified. | 35694 |
| An institution shall select, in accordance with the | 35695 |
| procedures it establishes under this section, a bid from among | 35696 |
| bidders that fulfill the criteria specified in the applicable | 35697 |
| divisions of section 125.09 of the Revised Code where sufficient | 35698 |
| competition can be generated within this state to ensure that | 35699 |
| compliance with this requirement will not result in paying an | 35700 |
| excessive price or acquiring a disproportionately inferior | 35701 |
| product. If there are two or more bids from among those bidders, | 35702 |
| it shall be deemed that there is sufficient competition to prevent | 35703 |
| paying an excessive price or acquiring a disproportionately | 35704 |
| inferior product. | 35705 |
| Sec. 3345.19. In the exercise of their respective powers of | 35706 |
| government conferred by Chapter 3345. of the Revised Code and | 35707 |
| other pertinent provisions of law, the boards of trustees of | 35708 |
| Bowling Green state university, Kent state university, Miami | 35709 |
| university, Ohio university, and the Ohio state university shall | 35710 |
| observe the following enrollment limitations insofar as the autumn | 35711 |
| quarter enrollment or any other quarter enrollment on a full-time | 35712 |
| 35713 | |
| concerned: | 35714 |
| Bowling Green central campus | 17,000 | 35715 | |||
| Kent central campus | 22,000 | 35716 | |||
| Miami central campus | 17,000 | 35717 | |||
| Ohio university central campus | 22,000 | 35718 | |||
| The Ohio state central campus | 42,000 | 35719 |
| Campus student housing facilities shall only be authorized by | 35720 |
| boards of trustees within these limitations. | 35721 |
| Sec. 3345.32. (A) As used in this section: | 35722 |
| (1) "State university or college" means the institutions | 35723 |
| described in section 3345.27 of the Revised Code, the northeastern | 35724 |
| Ohio universities college of medicine, and the medical university | 35725 |
| of Ohio at Toledo. | 35726 |
| (2) "Resident" has the meaning specified by rule of the Ohio | 35727 |
| board of regents. | 35728 |
| (3) "Statement of selective service status" means a statement | 35729 |
| certifying one of the following: | 35730 |
| (a) That the individual filing the statement has registered | 35731 |
| with the selective service system in accordance with the "Military | 35732 |
| Selective Service Act," 62 Stat. 604, 50 U.S.C. App. 453, as | 35733 |
| amended; | 35734 |
| (b) That the individual filing the statement is not required | 35735 |
| to register with the selective service for one of the following | 35736 |
| reasons: | 35737 |
| (i) The individual is under eighteen or over twenty-six years | 35738 |
| of age; | 35739 |
| (ii) The individual is on active duty with the armed forces | 35740 |
| of the United States other than for training in a reserve or | 35741 |
| national guard unit; | 35742 |
| (iii) The individual is a nonimmigrant alien lawfully in the | 35743 |
| United States in accordance with section 101 (a)(15) of the | 35744 |
| "Immigration and Nationality Act," 8 U.S.C. 1101, as amended; | 35745 |
| (iv) The individual is not a citizen of the United States and | 35746 |
| is a permanent resident of the Trust Territory of the Pacific | 35747 |
| Islands or the Northern Mariana Islands. | 35748 |
| (4) "Institution of higher education" means any eligible | 35749 |
| institution approved by the United States department of education | 35750 |
| pursuant to the "Higher Education Act of 1965," 79 Stat. 1219, as | 35751 |
| amended, or any institution whose students are eligible for | 35752 |
| financial assistance under any of the programs described by | 35753 |
| division (E) of this section. | 35754 |
| (B) The Ohio board of regents shall, by rule, specify the | 35755 |
| form of statements of selective service status to be filed in | 35756 |
| compliance with divisions (C) to (F) of this section. Each | 35757 |
| statement of selective service status shall contain a section | 35758 |
| wherein a male student born after December 31, 1959, certifies | 35759 |
| that the student has registered with the selective service system | 35760 |
| in accordance with the "Military Selective Service Act," 62 Stat. | 35761 |
| 604, 50 U.S.C. App. 453, as amended. For those students not | 35762 |
| required to register with the selective service, as specified in | 35763 |
| divisions (A)(2)(b)(i) to (iv) of this section, a section shall be | 35764 |
| provided on the statement of selective service status for the | 35765 |
| certification of nonregistration and for an explanation of the | 35766 |
| reason for the exemption. The board of regents may require that | 35767 |
| such statements be accompanied by documentation specified by rule | 35768 |
| of the board. | 35769 |
| (C) A state university or college that enrolls in any course, | 35770 |
| class, or program a male student born after December 31, 1959, who | 35771 |
| has not filed a statement of selective service status with the | 35772 |
| university or college shall, regardless of the student's | 35773 |
| residency, charge the student any tuition surcharge charged | 35774 |
| students who are not residents of this state. | 35775 |
| (D) No male born after December 31, 1959, shall be eligible | 35776 |
| to receive any loan, grant, scholarship, or other financial | 35777 |
| assistance for educational expenses under section 3315.33, | 35778 |
| 3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.27, 5910.03, | 35779 |
| 5910.032, or 5919.34 of the Revised Code unless that person has | 35780 |
| filed a statement of selective service status with that person's | 35781 |
| institution of higher education. | 35782 |
| (E) If an institution of higher education receives a | 35783 |
| statement from an individual certifying that the individual has | 35784 |
| registered with the selective service system in accordance with | 35785 |
| the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App. | 35786 |
| 453, as amended or that the individual is exempt from registration | 35787 |
| for a reason other than that the individual is under eighteen | 35788 |
| years of age, the institution shall not require the individual to | 35789 |
| file any further statements. If it receives a statement certifying | 35790 |
| that the individual is not required to register because the | 35791 |
| individual is under eighteen years of age, the institution shall | 35792 |
| require the individual to file a new statement of selective | 35793 |
| service status each time the individual seeks to enroll for a new | 35794 |
| academic term or makes application for a new loan or loan | 35795 |
| guarantee or for any form of financial assistance for educational | 35796 |
| expenses, until it receives a statement certifying that the | 35797 |
| individual has registered with the selective service system or is | 35798 |
| exempt from registration for a reason other than that the | 35799 |
| individual is under eighteen years of age. | 35800 |
| Sec. 3353.01. As used in | 35801 |
| 35802 |
| (A) "Educational television or radio" means television or | 35803 |
| radio programs which serve the educational needs of the community | 35804 |
| and which meet the requirements of the federal communications | 35805 |
| commission for noncommercial educational television or radio. | 35806 |
| (B) "Educational telecommunications network" means a system | 35807 |
| of connected educational television, radio, or radio reading | 35808 |
| service facilities and coordinated programs established and | 35809 |
| operated or
controlled by the eTech Ohio | 35810 |
| 35811 | |
| 35812 |
| (C) "Transmission" means the sending out of television, | 35813 |
| radio, or radio reading service programs, either directly to the | 35814 |
| public, or to broadcasting stations or services for simultaneous | 35815 |
| broadcast or rebroadcast. | 35816 |
| (D) "Transmission facilities" means structures, equipment, | 35817 |
| material, and services used in the transmission of educational | 35818 |
| television, radio, or radio reading service programs. | 35819 |
| (E) "Interconnection facilities" means the equipment, | 35820 |
| material, and services used to link one location to another | 35821 |
| location or to several locations by means of telephone line, | 35822 |
| coaxial cable, microwave relays, or other available technologies. | 35823 |
| (F) "Broadcasting station" means a properly licensed | 35824 |
| noncommercial educational television or radio station, | 35825 |
| appropriately staffed and equipped to produce programs or lessons | 35826 |
| and to broadcast programs. | 35827 |
| (G) | 35828 |
| 35829 | |
| 35830 | |
| 35831 | |
| 35832 |
| | 35833 |
| that disseminates news and other information to blind and | 35834 |
| physically handicapped persons. | 35835 |
| (H) "Affiliate" means an educational telecommunication | 35836 |
| entity, including a television or radio broadcasting station or | 35837 |
| radio reading service. | 35838 |
| Sec. 3353.02. (A) There is hereby created the eTech Ohio | 35839 |
| commission as an independent agency to advance education and | 35840 |
| accelerate the learning of the citizens of this state through | 35841 |
| technology. The commission shall provide leadership and support in | 35842 |
| extending the knowledge of the citizens of this state by promoting | 35843 |
| access to and use of all forms of educational technology, | 35844 |
| including educational television and radio, radio reading | 35845 |
| services, broadband networks, videotapes, compact discs, digital | 35846 |
| video on demand (DVD), and the internet. The commission also shall | 35847 |
| administer programs to provide financial and other assistance to | 35848 |
| school districts and other educational institutions for the | 35849 |
| acquisition and utilization of educational technology. | 35850 |
| The commission is a body corporate and politic, an agency of | 35851 |
| the state performing essential governmental functions of the | 35852 |
| state. | 35853 |
| (B) The commission shall consist of thirteen members, nine of | 35854 |
| whom shall be voting members. Six of the voting members shall be | 35855 |
| representatives of the public. Of the representatives of the | 35856 |
| public, four shall be appointed by the governor with the advice | 35857 |
| and consent of the senate, one shall be appointed by the speaker | 35858 |
| of the house of representatives, and one shall be appointed by the | 35859 |
| president of the senate. The superintendent of public instruction | 35860 |
| or a designee of the superintendent, the chancellor of the Ohio | 35861 |
| board of regents or a designee of the chancellor, and the director | 35862 |
| of administrative services or a designee of the director shall be | 35863 |
| ex officio voting members. Of the nonvoting members, two shall be | 35864 |
| members of the house of representatives appointed by the speaker | 35865 |
| of the house of representatives and two shall be members of the | 35866 |
| senate appointed by the president of the senate. The members | 35867 |
| appointed from each chamber shall not be members of the same | 35868 |
| political party. | 35869 |
| (C) Initial terms of office for members appointed by the | 35870 |
| governor shall be one year for one member, two years for one | 35871 |
| member, three years for one member, and four years for one member. | 35872 |
| At the first meeting of the commission, members appointed by the | 35873 |
| governor shall draw lots to determine the length of the term each | 35874 |
| member will serve. Thereafter, terms of office for members | 35875 |
| appointed by the governor shall be for four years. Terms of office | 35876 |
| for voting members appointed by the speaker of the house of | 35877 |
| representatives and the president of the senate shall be for four | 35878 |
| years. Any member who is a representative of the public may be | 35879 |
| reappointed by the member's respective appointing authority, but | 35880 |
| no such member may serve more than two consecutive four-year | 35881 |
| terms. Such a member may be removed by the member's respective | 35882 |
| appointing authority for cause. | 35883 |
| Any legislative member appointed by the speaker of the house | 35884 |
| of representatives or the president of the senate who ceases to be | 35885 |
| a member of the legislative chamber from which the member was | 35886 |
| appointed shall cease to be a member of the commission. The | 35887 |
| speaker of the house of representatives and the president of the | 35888 |
| senate may remove their respective appointments to the commission | 35889 |
| at any time. | 35890 |
| (D) Vacancies among appointed members shall be filled in the | 35891 |
| manner provided for original appointments. Any member appointed to | 35892 |
| fill a vacancy occurring prior to the expiration of the term for | 35893 |
| which the member's predecessor was appointed shall hold office for | 35894 |
| the remainder of that term. Any appointed member shall continue in | 35895 |
| office subsequent to the expiration of that member's term until | 35896 |
| the member's successor takes office or until a period of sixty | 35897 |
| days has elapsed, whichever occurs first. | 35898 |
| (E) Members of the commission shall serve without | 35899 |
| compensation. The members who are representatives of the public | 35900 |
| shall be reimbursed, pursuant to office of budget and management | 35901 |
| guidelines, for actual and necessary expenses incurred in the | 35902 |
| performance of official duties. | 35903 |
| (F) The governor shall appoint the chairperson of the | 35904 |
| commission from among the commission's voting members. The | 35905 |
| chairperson shall serve a term of two years and may be | 35906 |
| reappointed. The commission shall elect other officers as | 35907 |
| necessary from among its voting members and shall prescribe its | 35908 |
| rules of procedure. | 35909 |
| (G) The commission shall establish advisory groups as needed | 35910 |
| to address topics of interest and to provide guidance to the | 35911 |
| commission regarding educational technology issues and the | 35912 |
| technology needs of educators, learners, and the public. Members | 35913 |
| of each advisory group shall be appointed by the commission and | 35914 |
| shall include representatives of individuals or organizations with | 35915 |
| an interest in the topic addressed by the advisory group. | 35916 |
| Sec. 3353.03. (A) The eTech Ohio commission shall appoint an | 35917 |
| executive director, who shall serve at the pleasure of the | 35918 |
| commission. The executive director shall have no authority other | 35919 |
| than that provided by law or delegated to the executive director | 35920 |
| by the commission. The executive director shall do all of the | 35921 |
| following: | 35922 |
| (1) Direct commission employees in the administration of all | 35923 |
| programs of the commission; | 35924 |
| (2) Provide leadership and support in extending the knowledge | 35925 |
| of the citizens of this state by promoting equal access to and use | 35926 |
| of all forms of educational technology, as directed by the | 35927 |
| commission; | 35928 |
| (3) Provide financial and other assistance to school | 35929 |
| districts and other educational institutions, affiliates, and, if | 35930 |
| approved by the commission, educational technology organizations | 35931 |
| for the acquisition and utilization of educational technology; | 35932 |
| (4) Implement policies and directives issued by the | 35933 |
| commission; | 35934 |
| (5) Perform other duties authorized by the commission. | 35935 |
| (B) The commission shall fix the compensation of the | 35936 |
| executive director. The executive director shall employ and fix | 35937 |
| the compensation for such employees as necessary to facilitate the | 35938 |
| activities and purposes of the commission. The employees shall | 35939 |
| serve at the pleasure of the executive director. | 35940 |
| (C) The employees of the commission shall be placed in the | 35941 |
| unclassified service. | 35942 |
| (D)(1) Except as provided in division (D)(2) of this section, | 35943 |
| the employees of the commission shall be exempt from Chapter 4117. | 35944 |
| of the Revised Code and shall not be public employees as defined | 35945 |
| in section 4117.01 of the Revised Code. | 35946 |
| (2) All employees of the commission who transferred to the | 35947 |
| commission from one of the commission's predecessor agencies upon | 35948 |
| the commission's creation and, when employed by the predecessor | 35949 |
| agency were included in a bargaining unit established under | 35950 |
| Chapter 4117. of the Revised Code, shall continue to be included | 35951 |
| in that bargaining unit, are public employees as defined in | 35952 |
| section 4117.01 of the Revised Code, and may collectively bargain | 35953 |
| with the commission in accordance with that chapter. Otherwise, | 35954 |
| any employee hired by the commission after the effective date of | 35955 |
| this section, either to fill vacancies or to fill new positions, | 35956 |
| shall be exempt from Chapter 4117. of the Revised Code and shall | 35957 |
| not be public employees as defined in section 4117.10 of the | 35958 |
| Revised Code. | 35959 |
| Sec. 3353.04. (A) The eTech Ohio | 35960 |
| 35961 | |
| necessary to carry out the functions of this chapter, including | 35962 |
| any of the following: | 35963 |
| | 35964 |
| as prescribed by the general assembly for the provision of | 35965 |
| technical assistance, professional development, and other support | 35966 |
| services to enable school districts, community schools established | 35967 |
| under Chapter 3314. of the Revised Code, other educational | 35968 |
| institutions, and affiliates to utilize educational technology; | 35969 |
| (2) Establish a reporting system for school districts, | 35970 |
| community schools, other educational institutions, affiliates, and | 35971 |
| educational technology organizations that receive financial | 35972 |
| assistance from the commission. The system may require the | 35973 |
| reporting of information regarding the manner in which the | 35974 |
| assistance was expended, the manner in which the equipment or | 35975 |
| services purchased with the assistance is being utilized, the | 35976 |
| results or outcome of the utilization, the manner in which the | 35977 |
| utilization is compatible with the statewide academic standards | 35978 |
| adopted by the state board of education pursuant to section | 35979 |
| 3301.079 of the Revised Code, and any other information determined | 35980 |
| by the commission. | 35981 |
| (3) Ensure that, where appropriate, products produced by any | 35982 |
| entity to which the commission provides financial assistance for | 35983 |
| use in elementary and secondary education are aligned with the | 35984 |
| statewide academic standards adopted by the state board pursuant | 35985 |
| to section 3301.079 of the Revised Code; | 35986 |
| (4) Promote accessibility to educational products aligned | 35987 |
| with the statewide academic standards, adopted by the state board | 35988 |
| pursuant to section 3301.079 of the Revised Code, for school | 35989 |
| districts, community schools, and other entities serving grades | 35990 |
| kindergarten through twelve; | 35991 |
| (5) Own | 35992 |
| interconnection facilities, or contract for transmission | 35993 |
| facilities and interconnection facilities, for an educational | 35994 |
| television, radio, or radio reading service network; | 35995 |
| | 35996 |
| used by the commission in the transmission of educational | 35997 |
| television, radio, or
radio reading service programming | 35998 |
| 35999 |
| | 36000 |
| television or radio broadcasting stations or radio reading | 36001 |
|
services for the | 36002 |
| 36003 | |
| 36004 | |
| 36005 |
| | 36006 |
|
television | 36007 |
| 36008 | |
| production and use of educational television, radio, or radio | 36009 |
| reading service programs to be transmitted by the educational | 36010 |
| telecommunications network; | 36011 |
| | 36012 |
|
desirable to carry out the purposes of | 36013 |
| 36014 | |
| the commission by law or authorize the executive director of the | 36015 |
| commission to execute such contracts and agreements on the | 36016 |
| commission's behalf; | 36017 |
| | 36018 |
| 36019 |
| | 36020 |
| educational radio stations and radio reading services toward | 36021 |
| coordination within the state of the distribution of federal funds | 36022 |
| that may become available for | 36023 |
| educational broadcasting or radio reading services; | 36024 |
| | 36025 |
| television or radio broadcasting stations or radio reading | 36026 |
|
services to sustain the operation of such stations or services | 36027 |
| 36028 | |
| 36029 |
| (12) In consultation with participants in programs | 36030 |
| administered by the commission, establish guidelines governing | 36031 |
| purchasing and procurement that facilitate the timely and | 36032 |
| effective implementation of such programs; | 36033 |
| (13) In consultation with participants in programs | 36034 |
| administered by the commission, consider the efficiency and cost | 36035 |
| savings of statewide procurement prior to allocating and releasing | 36036 |
| funds for such programs; | 36037 |
| (14) In consultation with participants in programs | 36038 |
| administered by the commission, establish a systems support | 36039 |
| network to facilitate the timely implementation of the programs | 36040 |
| and other projects and activities for which the commission | 36041 |
| provides assistance. | 36042 |
| (B) Chapters 123., 124., 125., and 153. of the Revised Code | 36043 |
| and sections 9.331, 9.332, and 9.333 of the Revised Code do not | 36044 |
| apply to contracts, programs, projects, or activities of the | 36045 |
| commission. | 36046 |
| Sec. 3353.06. (A) The affiliates services fund is hereby | 36047 |
| created
in the state treasury. The eTech Ohio | 36048 |
| 36049 | |
| receives for services provided to affiliates to the credit of the | 36050 |
| fund, including: | 36051 |
| (1) Reimbursements for services provided to stations; | 36052 |
| (2) Charges levied for maintenance of telecommunications, | 36053 |
| broadcasting, or transmission equipment; | 36054 |
| (3) Contract or grant payments from affiliates. | 36055 |
| (B) The commission shall use money credited to the affiliates | 36056 |
| services fund for any commission operating purposes, including: | 36057 |
| (1) The purchase, repair, or maintenance of | 36058 |
| telecommunications, broadcasting, or transmission equipment; | 36059 |
| (2) The purchase or lease of educational programming; | 36060 |
| (3) The purchase of tape and maintenance of a media library; | 36061 |
| (4) Professional development programs and services; | 36062 |
| (5) Administrative expenses | 36063 |
| Sec. 3353.07.
(A) | 36064 |
| 36065 | |
| 36066 |
| | 36067 |
|
through the eTech Ohio | 36068 |
| commission and shall be managed by a broadcasting station under a | 36069 |
| contract. The contract shall not take effect until the program | 36070 |
| committee of Ohio government telecommunications approves the | 36071 |
| contract. The broadcasting station shall manage the staff of Ohio | 36072 |
| government telecommunications. | 36073 |
| | 36074 |
| Ohio government telecommunications that shall consist of the | 36075 |
| president of the senate, speaker of the house of representatives, | 36076 |
| minority leader of the senate, and minority leader of the house of | 36077 |
| representatives, or their designees. By a vote of a majority of | 36078 |
| its members, the program committee may add additional members to | 36079 |
| the committee. | 36080 |
| (2) The program committee shall adopt rules that govern the | 36081 |
| operation of Ohio government telecommunications and the coverage | 36082 |
| and distribution of official governmental activities by Ohio | 36083 |
| government telecommunications. | 36084 |
| Sec. 3354.25. (A) The provisions of this section prevail | 36085 |
| over conflicting provisions of this chapter; however, except as | 36086 |
| provided in this section, the community college district and its | 36087 |
| board of trustees created by this section shall comply with the | 36088 |
| provisions of this chapter. | 36089 |
| (B)(1) The territory of Warren county is hereby added to the | 36090 |
| territory of the community college district of Montgomery county, | 36091 |
| creating the Warren county Montgomery county community college | 36092 |
| district and replacing the former community college district of | 36093 |
| Montgomery county. The district created in this section may be | 36094 |
| known as and operate under the name of the Sinclair community | 36095 |
| college district. | 36096 |
| (2) The community college district created by this section | 36097 |
| shall be divided into separate taxing subdistricts, one consisting | 36098 |
| of the territory of Warren county, and another consisting of the | 36099 |
| territory of Montgomery county. | 36100 |
| Taxes for the benefit of the community college district shall | 36101 |
| be levied and the benefits from the revenues of those taxes shall | 36102 |
| be apportioned among the subdistricts only in accordance with this | 36103 |
| section. | 36104 |
| (C) The board of trustees of the two-county community college | 36105 |
| district created by this section shall consist of eleven members. | 36106 |
| (1) Nine members of the board of trustees shall be residents | 36107 |
| of Montgomery county. The initial Montgomery county members shall | 36108 |
| be the same members of the board of trustees of the former | 36109 |
| community college district of Montgomery county, as it existed | 36110 |
| prior to the effective date of this section, whose terms shall | 36111 |
| expire and whose successors shall be appointed as they would have | 36112 |
| otherwise under division (B) of section 3354.05 of the Revised | 36113 |
| Code. | 36114 |
| (2) Two members of the board of trustees shall be residents | 36115 |
| of Warren county, one of whom shall be appointed by the board of | 36116 |
| county commissioners of Warren county, and one of whom shall be | 36117 |
| appointed by the governor with the advice and consent of the | 36118 |
| senate. Each of the initial appointments under division (C)(2) of | 36119 |
| this section shall be made within ninety days after the effective | 36120 |
| date of this section. At the time of the initial meeting of the | 36121 |
| trustees of the community college district created by this | 36122 |
| section, a drawing among the Warren county appointees shall be | 36123 |
| held to determine the initial term of each appointee, one trustee | 36124 |
| to serve for a term ending three years after the expiration date | 36125 |
| of the Montgomery county trustee's term that is the first to | 36126 |
| expire after the effective date of this section, and the other | 36127 |
| trustee to serve for a term ending five years after the expiration | 36128 |
| date of the Montgomery county trustee's term that is the first to | 36129 |
| expire after the effective date of this section. Thereafter, the | 36130 |
| successive terms of the Warren county members of the board of | 36131 |
| trustees shall be for five years, each term ending on the same day | 36132 |
| of the same month of the year as did the term which it succeeds. | 36133 |
| Each trustee shall hold office from the date of the trustee's | 36134 |
| appointment until the end of the term for which appointed. Any | 36135 |
| trustee appointed to fill a vacancy occurring prior to the | 36136 |
| expiration of the term for which the trustee's predecessor was | 36137 |
| appointed shall hold office for the remainder of that term. Any | 36138 |
| trustee shall continue in office subsequent to the expiration date | 36139 |
| of the trustee's term until the trustee's successor takes office, | 36140 |
| or until a period of sixty days has elapsed, whichever occurs | 36141 |
| first. | 36142 |
| (D) The board of trustees of the community college district | 36143 |
| created by this section shall continue to comply with division (G) | 36144 |
| of section 3354.09 of the Revised Code, regarding tuition for | 36145 |
| students who are residents of Ohio but not of the district, and | 36146 |
| for students who are nonresidents of Ohio. The tuition rate shall | 36147 |
| be based on the student's county of residence and shall apply to | 36148 |
| all Sinclair community college classes in all Sinclair community | 36149 |
| college locations. Except as provided in division (G)(2) of this | 36150 |
| section, students who are residents of Warren county shall | 36151 |
| continue to be charged tuition at the same rate as Ohio residents | 36152 |
| who are not residents of the district. | 36153 |
| (E)(1) Unless the conditions prescribed in division (F) of | 36154 |
| this section are satisfied, the trustees from each respective | 36155 |
| county of the community college district created by this section | 36156 |
| shall have no vote on any of the following matters pertaining to | 36157 |
| the other county: | 36158 |
| (a) Tax levies; | 36159 |
| (b) The expenditure of revenue from tax levies; | 36160 |
| (c) Levy-subsidized tuition rates. | 36161 |
| (2) As long as either of the conditions prescribed in | 36162 |
| division (F)(1) or (2) of this section are satisfied, each member | 36163 |
| of the board of trustees shall have full voting rights on all | 36164 |
| matters coming before the board. | 36165 |
| (3) At all times, on any matter related to community college | 36166 |
| programming or facilities within one county or the other, both of | 36167 |
| the following are necessary: | 36168 |
| (a) The affirmative vote of a majority of the full membership | 36169 |
| of the board of trustees; | 36170 |
| (b) The affirmative vote of at least fifty per cent of the | 36171 |
| trustees from the affected county. | 36172 |
| (4) If the millage rate of the Warren county tax levy | 36173 |
| described in division (F) of this section is subsequently reduced | 36174 |
| by a vote of the electors of Warren county to the extent that it | 36175 |
| no longer satisfies a condition prescribed in either division | 36176 |
| (F)(1) or (2) of this section, the voting restrictions prescribed | 36177 |
| in division (E)(1) of this section again apply to the board | 36178 |
| effective on the first day of the tax year that begins after the | 36179 |
| reduction is approved by the electors. | 36180 |
| (F) The voting restrictions of division (E)(1) of this | 36181 |
| section apply until the electors of Warren county approve a tax | 36182 |
| levy, in accordance with division (G)(3) of this section, | 36183 |
| equivalent to the tax levy approved by the electors of Montgomery | 36184 |
| county for the support of the former community college district of | 36185 |
| Montgomery county prior to the effective date of this section. For | 36186 |
| this purpose, an equivalent tax levy is a tax levied in Warren | 36187 |
| county that either: | 36188 |
| (1) In the first tax year for which the tax is collected, | 36189 |
| yields revenue per capita equal to or greater than the yield per | 36190 |
| capita of levies of the community college district in effect that | 36191 |
| tax year in Montgomery county, as jointly determined by the county | 36192 |
| auditors of Montgomery and Warren counties; | 36193 |
| (2) In the first tax year for which the tax is collected, | 36194 |
| imposes a millage rate that is equal to or greater than the | 36195 |
| effective tax rate of levies of the community college district in | 36196 |
| effect that tax year in Montgomery county, as jointly determined | 36197 |
| by the county auditors of Montgomery and Warren counties. | 36198 |
| As used in division (F)(2) of this section, "effective tax | 36199 |
| rate" means the quotient obtained by dividing the total taxes | 36200 |
| charged and payable for the taxing subdistrict for a tax year, | 36201 |
| after the reduction prescribed by section 319.301 of the Revised | 36202 |
| Code but before the reduction prescribed by section 319.302 or | 36203 |
| 323.152 of the Revised Code, by the taxable value for the taxing | 36204 |
| subdistrict for that tax year. | 36205 |
| (G)(1) The board of trustees may propose to levy a tax on | 36206 |
| taxable property in Montgomery county to be voted on by the | 36207 |
| electors of Montgomery county as provided in division (G)(3) of | 36208 |
| this section. Any money raised by a tax levied by the former | 36209 |
| community college district of Montgomery county or a subsequent | 36210 |
| tax levied in Montgomery county in accordance with division (G)(3) | 36211 |
| of this section shall be used solely for the benefit of Montgomery | 36212 |
| county residents attending Sinclair community college in the form | 36213 |
| of student tuition subsidy, student scholarships, and | 36214 |
| instructional facilities, equipment and support services located | 36215 |
| within Montgomery county, shall be deposited into a separate fund | 36216 |
| from all other revenues of the district, and shall be budgeted | 36217 |
| separately. | 36218 |
| (2) The board of trustees may propose to levy a tax on | 36219 |
| taxable property in Warren county to be voted on by electors of | 36220 |
| Warren county as provided in division (G)(3) of this section. Any | 36221 |
| money raised by the tax shall be used solely for the benefit of | 36222 |
| Warren county residents attending Sinclair community college in | 36223 |
| the form of student tuition subsidy, student scholarships, and | 36224 |
| instructional facilities, equipment and support services located | 36225 |
| within Warren county, shall be deposited into a separate fund from | 36226 |
| all other revenues of the district, and shall be budgeted | 36227 |
| separately. If the tax is approved in accordance with division | 36228 |
| (G)(3)(c) of this section, the board of trustees may adjust the | 36229 |
| rate of tuition charged to Warren county residents commensurate | 36230 |
| with the amount of that tax the board of trustees dedicates for | 36231 |
| instructional and general services provided to Warren county | 36232 |
| residents. | 36233 |
| (3) For each taxing subdistrict of the community college | 36234 |
| district created by this section, the board of trustees may | 36235 |
| propose to levy a tax in accordance with the procedures prescribed | 36236 |
| in section 3354.12 of the Revised Code, except as provided in | 36237 |
| divisions (G)(3)(a) to (c) of this section. | 36238 |
| (a) Wherein section 3354.12 of the Revised Code the terms | 36239 |
| "district" and "community college district" are used, those terms | 36240 |
| shall be construed to mean the appropriate taxing subdistrict | 36241 |
| described in division (B)(2) of this section, except that the | 36242 |
| "board of trustees of the community college district" means the | 36243 |
| board of trustees for the entire community college district as | 36244 |
| described in division (C) of this section. That board of trustees | 36245 |
| may propose separate levies for either of the two taxing | 36246 |
| subdistricts. | 36247 |
| (b) "Tax duplicate," as used in section 3354.12 of the | 36248 |
| Revised Code, means the tax duplicate of only the appropriate | 36249 |
| taxing subdistrict and not the tax duplicate of the entire | 36250 |
| community college district. | 36251 |
| (c) The resolution of the board of trustees proposing a tax | 36252 |
| levy in the Warren county taxing subdistrict is subject to | 36253 |
| approval of a two-thirds vote of the board of county commissioners | 36254 |
| of Warren county. If so approved by the board of county | 36255 |
| commissioners of Warren county, that board shall certify the | 36256 |
| resolution to the Warren county board of elections, which shall | 36257 |
| place on the ballot for the electors of Warren county the question | 36258 |
| of levying the tax proposed in the resolution on all taxable | 36259 |
| property of the county. If approved by the electors of the county, | 36260 |
| the tax shall be levied as provided in section 3354.12 of the | 36261 |
| Revised Code and anticipation notes may be issued by the board of | 36262 |
| trustees in accordance with that section. | 36263 |
| (H)(1) The board of trustees of the community college | 36264 |
| district created by this section may issue bonds in accordance | 36265 |
| with section 3354.11 of the Revised Code; however, the board may | 36266 |
| limit the question of approval of the issue of those bonds to the | 36267 |
| electors of only one of the two taxing subdistricts described in | 36268 |
| division (B)(2) of this section, in which case the board also may | 36269 |
| limit the use of the property or improvements to the residents of | 36270 |
| that subdistrict. | 36271 |
| (2) A resolution of the board of trustees proposing the | 36272 |
| issuance of bonds for only the Warren county taxing subdistrict is | 36273 |
| subject to approval of a two-thirds vote of the board of county | 36274 |
| commissioners of Warren county. If so approved by the board of | 36275 |
| county commissioners of Warren county, that board shall certify | 36276 |
| the resolution to the Warren county board of elections which shall | 36277 |
| place on the ballot for the electors of Warren county the question | 36278 |
| of issuing bonds as proposed in the resolution. | 36279 |
| Sec. 3362.02. The board of trustees of Shawnee state | 36280 |
|
university shall annually elect from their members a | 36281 |
| chairperson and
| 36282 |
| appoint a secretary of the board, a treasurer, and such other | 36283 |
| officers of the university as the interests of the university | 36284 |
| require, who may be members of the board. The treasurer, before | 36285 |
| entering upon the discharge of
| 36286 |
| bond to the state or be insured for the faithful performance of | 36287 |
| 36288 | |
|
moneys coming into | 36289 |
| bond or insurance shall be determined by the board, but shall not | 36290 |
| be for a sum less than the estimated amount which may come into | 36291 |
| the treasurer's sole control at any time, less any reasonable | 36292 |
| deductible. | 36293 |
| Sec. 3365.01. As used in | 36294 |
| 36295 |
| (A) "College" means any state-assisted college or university | 36296 |
| described in section 3333.041 of the Revised Code, any nonprofit | 36297 |
| institution holding a certificate of authorization pursuant to | 36298 |
| Chapter 1713. of the Revised Code, any private institution exempt | 36299 |
| from regulation under Chapter 3332. of the Revised Code as | 36300 |
| prescribed in section 3333.046 of the Revised Code, and any | 36301 |
| institution holding a certificate of registration from the state | 36302 |
| board of career colleges and schools and program authorization for | 36303 |
| an associate or bachelor's degree program issued under section | 36304 |
| 3332.05 of the Revised Code. | 36305 |
| (B) "School district," except as specified in division (G) of | 36306 |
| this section, means any school district to which a student is | 36307 |
| admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of | 36308 |
| the Revised Code and does not include a joint vocational or | 36309 |
| cooperative education school district. | 36310 |
| (C) "Parent" has the same meaning as in section 3313.64 of | 36311 |
| the Revised Code. | 36312 |
| (D) "Participant" means a student enrolled in a college under | 36313 |
| the post-secondary enrollment options program established by this | 36314 |
| chapter. | 36315 |
| (E) "Secondary grade" means the ninth through twelfth grades. | 36316 |
| (F) "School foundation payments" means the amount required to | 36317 |
| be paid to a school district for a fiscal year under Chapter 3317. | 36318 |
| of the Revised Code. | 36319 |
| (G) "Tuition base" means, with respect to a participant's | 36320 |
| school district, the greater of the following: | 36321 |
| (1) The fiscal year 2005 formula amount defined in
| 36322 |
| 36323 | |
| district's fiscal year 2005 cost-of-doing-business factor defined | 36324 |
| in | 36325 |
| (2) The sum of (the current formula amount times the current | 36326 |
| cost-of-doing-business factor defined in section 3317.02 of the | 36327 |
| Revised Code) plus the per pupil amount of the base funding | 36328 |
| supplements specified in divisions (C)(1) to (4) of section | 36329 |
| 3317.012 of the Revised Code. | 36330 |
| The participant's "school district" in the case of a | 36331 |
| participant enrolled in a community school shall be the school | 36332 |
| district in which the student is entitled to attend school under | 36333 |
| section 3313.64 or 3313.65 of the Revised Code. | 36334 |
| (H) "Educational program" means enrollment in one or more | 36335 |
| school districts, in a nonpublic school, or in a college under | 36336 |
| division (B) of section 3365.04 of the Revised Code. | 36337 |
| (I) "Nonpublic school" means a chartered or nonchartered | 36338 |
| school for which minimum standards are prescribed by the state | 36339 |
| board of education pursuant to division (D) of section 3301.07 of | 36340 |
| the Revised Code. | 36341 |
| (J) "School year" means the year beginning on the first day | 36342 |
| of July and ending on the thirtieth day of June. | 36343 |
| (K) "Community school" means any school established pursuant | 36344 |
| to Chapter 3314. of the Revised Code that includes secondary | 36345 |
| grades. | 36346 |
| (L) "Community school payments" means payments made by the | 36347 |
| department of education to a community school pursuant to division | 36348 |
| (D) of section 3314.08 of the Revised Code. | 36349 |
| Sec. 3365.02. There is hereby established the post-secondary | 36350 |
| enrollment options program under which a secondary grade student | 36351 |
| who is a resident of this state may enroll at a college, on a | 36352 |
| full- or part-time basis, and complete nonsectarian courses for | 36353 |
| high school and college credit. The purpose of the program is to | 36354 |
| provide enriched education opportunites to secondary grade | 36355 |
| students that are beyond the opportunities offered by the high | 36356 |
| school in which they are enrolled. | 36357 |
| Secondary grade students in a nonpublic school may | 36358 |
| participate in the post-secondary enrollment options program if | 36359 |
| the chief administrator of such school notifies the department of | 36360 |
| education by the first day of April prior to the school year in | 36361 |
| which the school's students will participate. | 36362 |
| The state board of education, after consulting with the board | 36363 |
| of regents, shall adopt rules governing the program. The rules | 36364 |
| shall include: | 36365 |
| (A) Requirements for school districts, community schools, or | 36366 |
| participating nonpublic schools to provide information about the | 36367 |
| program prior to the first day of March of each year to all | 36368 |
| students enrolled in grades eight through eleven; | 36369 |
| (B) A requirement that a student or the student's parent | 36370 |
| inform the district board of education, the governing authority of | 36371 |
| a community school, or the nonpublic school administrator by the | 36372 |
| thirtieth day of March of the student's intent to participate in | 36373 |
| the program during the following school year. The rule shall | 36374 |
| provide that any student who fails to notify a district board, the | 36375 |
| governing authority of a community school, or the nonpublic school | 36376 |
| administrator by the required date may not participate in the | 36377 |
| program during the following school year without the written | 36378 |
| consent of the district superintendent, the governing authority of | 36379 |
| a community school, or the nonpublic school administrator. | 36380 |
| (C) Requirements that school districts and community schools | 36381 |
| provide counseling services to students in grades eight through | 36382 |
| eleven and to their parents before the students participate in the | 36383 |
| program under this chapter to ensure that students and parents are | 36384 |
| fully aware of the possible risks and consequences of | 36385 |
| participation. Counseling information shall include without | 36386 |
| limitation: | 36387 |
| (1) Program eligibility; | 36388 |
| (2) The process for granting academic credits; | 36389 |
| (3) Financial arrangements for tuition, books, materials, and | 36390 |
| fees; | 36391 |
| (4) Criteria for any transportation aid; | 36392 |
| (5) Available support services; | 36393 |
| (6) Scheduling; | 36394 |
| (7) The consequences of failing or not completing a course in | 36395 |
| which the student enrolls and the effect of the grade attained in | 36396 |
| the course being included in the student's grade point average, if | 36397 |
| applicable; | 36398 |
| (8) The effect of program participation on the student's | 36399 |
| ability to complete the district's, community school's, or | 36400 |
| nonpublic school's graduation requirements; | 36401 |
| (9) The academic and social responsibilities of students and | 36402 |
| parents under the program; | 36403 |
| (10) Information about and encouragement to use the | 36404 |
| counseling services of the college in which the student intends to | 36405 |
| enroll. | 36406 |
| (D) A requirement that the student and the student's parent | 36407 |
| sign a form, provided by the school district or school, stating | 36408 |
| that they have received the counseling required by division (C) of | 36409 |
| this section and that they understand the responsibilities they | 36410 |
| must assume in the program; | 36411 |
| (E) The options required by section 3365.04 of the Revised | 36412 |
| Code; | 36413 |
| (F) A requirement that a student may not enroll in any | 36414 |
| specific college course through the program if the student has | 36415 |
| taken high school courses in the same subject area as that college | 36416 |
| course and has failed to attain a cumulative grade point average | 36417 |
| of at least 3.0 on a 4.0 scale, or the equivalent, in such | 36418 |
| completed high school courses; | 36419 |
| (G) A requirement that a student or the student's parent will | 36420 |
| reimburse the state for the amount of state funds paid to a | 36421 |
| college for a course in which the student is enrolled under this | 36422 |
| chapter if the student does not attain a passing final grade in | 36423 |
| that course. | 36424 |
| Sec. 3365.04. The rules adopted under section 3365.02 of the | 36425 |
| Revised Code shall provide for students to enroll in courses under | 36426 |
| either of the following options: | 36427 |
| (A) The student may elect at the time of enrollment to | 36428 |
| 36429 | |
| tuition and the cost of all textbooks, materials, and fees | 36430 |
| associated with the course. The college shall notify the student | 36431 |
| about payment of tuition and fees in the customary manner followed | 36432 |
| by the college | 36433 |
| 36434 | |
| 36435 | |
| shall elect, at the time of enrollment, whether to receive only | 36436 |
| college credit or high school credit and college credit for the | 36437 |
| course. | 36438 |
| (1) The student may elect to receive only college credit for | 36439 |
| the course. Except as provided in section 3365.041 of the Revised | 36440 |
| Code, if the student successfully completes the course, the | 36441 |
| college shall award the student full credit for the course, but | 36442 |
| the board of education, community school governing authority, or | 36443 |
| nonpublic participating school shall not award the high school | 36444 |
| credit. | 36445 |
| (2) The student may elect to receive both high school credit | 36446 |
| and college credit for the course. Except as provided in section | 36447 |
| 3365.041 of the Revised Code, if the student successfully | 36448 |
| completes the course, the college shall award the student full | 36449 |
| credit for the course and the board of education, community school | 36450 |
| governing authority, or nonpublic school shall award the student | 36451 |
| high school credit. | 36452 |
| (B) The student may elect at the time of enrollment for each | 36453 |
| course to | 36454 |
| 36455 | |
| Except as provided in section 3365.041 of the Revised Code, if the | 36456 |
| student successfully completes the course, the college shall award | 36457 |
| the student full credit for the course, the board of education, | 36458 |
| community school governing authority, or nonpublic school shall | 36459 |
| award the student high school credit, and the college shall be | 36460 |
| reimbursed in accordance with section 3365.07 of the Revised Code. | 36461 |
| When determining a school district's formula ADM under | 36462 |
| section 3317.03 of the Revised Code, the time a participant is | 36463 |
| attending courses under division (A) of this section shall be | 36464 |
| considered as time the participant is not attending or enrolled in | 36465 |
| school anywhere, and the time a participant is attending courses | 36466 |
| under division (B) of this section shall be considered as time the | 36467 |
| participant is attending or enrolled in the district's schools. | 36468 |
| Sec. 3365.041. (A) When a school district superintendent or | 36469 |
| governing authority of a community school expels a student under | 36470 |
| division (B) of section 3313.66 of the Revised Code, the district | 36471 |
| superintendent or board shall send a written notice of the | 36472 |
| expulsion to any college in which the expelled student is enrolled | 36473 |
| under section 3365.03 of the Revised Code at the time the | 36474 |
| expulsion is imposed. The notice shall indicate the date the | 36475 |
| expulsion is scheduled to expire. The notice also shall indicate | 36476 |
| whether the district board of education or community school | 36477 |
| governing authority has adopted a policy under section 3313.613 of | 36478 |
| the Revised Code to deny high school credit for post-secondary | 36479 |
| courses taken during an expulsion. If the expulsion is extended | 36480 |
| under division (F) of section 3313.66 of the Revised Code, the | 36481 |
| district superintendent or governing authority shall notify the | 36482 |
| college of the extension. | 36483 |
| (B) A college may withdraw its acceptance under section | 36484 |
| 3365.03 of the Revised Code of a student who is expelled from | 36485 |
| school under division (B) of section 3313.66 of the Revised Code. | 36486 |
| As provided in section 3365.03 of the Revised Code, regardless of | 36487 |
| whether the college withdraws its acceptance of the student for | 36488 |
| the college term in which the student is expelled, the student is | 36489 |
| ineligible to enroll in a college under that section for | 36490 |
| subsequent college terms during the period of the expulsion, | 36491 |
| unless the student enrolls in another school district or community | 36492 |
| school, or participating nonpublic school during that period. | 36493 |
| If a college withdraws its acceptance of an expelled student | 36494 |
| who
elected | 36495 |
| 3365.04 of the Revised Code, the college shall refund tuition and | 36496 |
| fees paid by the student in the same proportion that it refunds | 36497 |
| tuition and fees to students who voluntarily withdraw from the | 36498 |
| college at the same time in the term. | 36499 |
| If a college withdraws its acceptance of an expelled student | 36500 |
| who elected the option of division (B) of section 3365.04 of the | 36501 |
| Revised Code, the school district or community school shall not | 36502 |
| award high school credit for the college courses in which the | 36503 |
| student was enrolled at the time the college withdrew its | 36504 |
| acceptance, and any reimbursement under section 3365.07 of the | 36505 |
| Revised Code for the student's attendance prior to the withdrawal | 36506 |
| shall be the same as would be paid for a student who voluntarily | 36507 |
| withdrew from the college at the same time in the term. If the | 36508 |
| withdrawal results in the college's receiving no reimbursement, | 36509 |
| the college may require the student to return or pay for the | 36510 |
| textbooks and materials it provided the student free of charge | 36511 |
| under section 3365.08 of the Revised Code. | 36512 |
| (C) When a student who elected the option of division (B) of | 36513 |
| section 3365.04 of the Revised Code is expelled under division (B) | 36514 |
| of section 3313.66 of the Revised Code from a school district or | 36515 |
| community school that has adopted a policy under section 3313.613 | 36516 |
| of the Revised Code, that election is automatically revoked for | 36517 |
| all college courses in which the student is enrolled during the | 36518 |
| college term in which the expulsion is imposed. Any reimbursement | 36519 |
| under section 3365.07 of the Revised Code for the student's | 36520 |
| attendance prior to the expulsion shall be the same as would be | 36521 |
| paid for a student who voluntarily withdrew from the college at | 36522 |
| the same time in the term. If the revocation results in the | 36523 |
| college's receiving no reimbursement, the college may require the | 36524 |
| student to return or pay for the textbooks and materials it | 36525 |
| provided the student free of charge under section 3365.08 of the | 36526 |
| Revised Code. | 36527 |
| No later than five days after receiving an expulsion notice | 36528 |
| from the superintendent of a district or the governing authority | 36529 |
| of a community school that has adopted a policy under section | 36530 |
| 3313.613 of the Revised Code, the college shall send a written | 36531 |
| notice to the expelled student that the student's election of | 36532 |
| division (B) of section 3365.04 of the Revised Code is revoked. If | 36533 |
| the college elects not to withdraw its acceptance of the student, | 36534 |
| the student shall pay all applicable tuition and fees for the | 36535 |
| college courses and shall pay for the textbooks and materials that | 36536 |
| the college provided under section 3365.08 of the Revised Code. | 36537 |
| Sec. 3365.05. High school credit awarded for courses | 36538 |
| successfully completed under this chapter shall count toward the | 36539 |
| graduation requirements and subject area requirements of the | 36540 |
| school district, community school, or nonpublic school. If a | 36541 |
| course comparable to one a student completed at a college is | 36542 |
| offered by the district, community school, or nonpublic school, | 36543 |
| the board or school shall award comparable credit for the course | 36544 |
| completed at the college. If no comparable course is offered by | 36545 |
| the district, community school, or nonpublic school, the board or | 36546 |
| school shall grant an appropriate number of credits in a similar | 36547 |
| subject area to the student. | 36548 |
| If there is a dispute between a school district board or a | 36549 |
| community school governing authority and a student regarding high | 36550 |
| school credits granted for a course, the student may appeal the | 36551 |
| board's or governing authority's decision to the state board of | 36552 |
| education. The state board's decision regarding any high school | 36553 |
|
credits granted under this | 36554 |
| Evidence of successful completion of each course and the high | 36555 |
| school credits awarded by the district, community school, or | 36556 |
| participating nonpublic school shall be included in the student's | 36557 |
| record. The record shall indicate that the credits were earned as | 36558 |
| a participant under this chapter and shall include the name of the | 36559 |
| college at which the credits were earned. The district board, | 36560 |
| community school governing authority, or nonpublic school shall | 36561 |
| determine whether and the manner in which the grade achieved in a | 36562 |
| course completed at a college under division (A)(2) or (B) of | 36563 |
| section 3365.04 of the Revised Code will be counted in any | 36564 |
| cumulative grade point average maintained for the student. | 36565 |
| Sec. 3365.08. (A) A college that expects to receive or | 36566 |
| receives reimbursement under section 3365.07 of the Revised Code | 36567 |
| shall furnish to a participant all textbooks and materials | 36568 |
| directly related to a course taken by the participant under | 36569 |
| division (B) of section 3365.04 of the Revised Code. No college | 36570 |
| shall charge such participant for tuition, textbooks, materials, | 36571 |
| or other fees directly related to any such course. | 36572 |
| (B) No student enrolled under this chapter in a course for | 36573 |
| which credit toward high school graduation is awarded shall | 36574 |
| receive direct financial aid through any state or federal program. | 36575 |
| (C) If a school district provides transportation for resident | 36576 |
| school students in grades eleven and twelve under section 3327.01 | 36577 |
| of the Revised Code, a parent of a pupil enrolled in a course | 36578 |
| under division (A)(2) or (B) of section 3365.04 of the Revised | 36579 |
| Code may apply to the board of education for full or partial | 36580 |
| reimbursement for the necessary costs of transporting the student | 36581 |
| between the secondary school the student attends and the college | 36582 |
| in which the student is enrolled. Reimbursement may be paid solely | 36583 |
| from funds received by the district under division (D) of section | 36584 |
| 3317.022 of the Revised Code. The state board of education shall | 36585 |
| establish guidelines, based on financial need, under which a | 36586 |
| district may provide such reimbursement. | 36587 |
| (D) If a community school provides or arranges transportation | 36588 |
| for its pupils in grades nine through twelve under section | 36589 |
| 3314.091 of the Revised Code, a parent of a pupil of the community | 36590 |
| school who is enrolled in a course under division (A)(2) or (B) of | 36591 |
| section 3365.04 of the Revised Code may apply to the governing | 36592 |
| authority of the community school for full or partial | 36593 |
| reimbursement of the necessary costs of transporting the student | 36594 |
| between the community school and the college. The governing | 36595 |
| authority may pay the reimbursement in accordance with the state | 36596 |
| board's rules adopted under division (C) of this section solely | 36597 |
| from funds paid to it under section 3314.091 of the Revised Code. | 36598 |
| Sec. 3365.11. If the superintendent of the school district | 36599 |
| or the chief administrator of the community school or nonpublic | 36600 |
| school in which the student is enrolled notifies the | 36601 |
| superintendent of public instruction that the student has not | 36602 |
| attained a passing final grade in a college course in which the | 36603 |
| student is enrolled under this chapter, the superintendent of | 36604 |
| public instruction shall initiate proceedings to seek | 36605 |
| reimbursement from the student or the student's parent for the | 36606 |
| amount of state funds calculated for payment to the college on | 36607 |
| behalf of the student for enrollment in that college course. In | 36608 |
| seeking reimbursement, the superintendent of public instruction | 36609 |
| may request that the attorney general bring a civil action in the | 36610 |
| court of common pleas of the county in which the school district, | 36611 |
| community school, or nonpublic school is located, if the | 36612 |
| superintendent of public instruction determines it appropriate to | 36613 |
| bring such an action. | 36614 |
| Upon the collection of any funds from a student or student's | 36615 |
| parent under this section, the superintendent of public | 36616 |
| instruction shall credit the amount collected to the school | 36617 |
| district or community school from which an amount was deducted | 36618 |
| under division (D) of section 3365.07 of the Revised Code for the | 36619 |
| course or, if the student is enrolled in a nonpublic school, to | 36620 |
| the general revenue fund. | 36621 |
| Sec. 3375.40. Each board of library trustees appointed | 36622 |
| pursuant to section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22, | 36623 |
| or 3375.30 of the Revised Code may do the following: | 36624 |
| (A) Hold title to and have the custody of all real and | 36625 |
| personal property of the free public library under its | 36626 |
| jurisdiction; | 36627 |
| (B) Expend for library purposes, and in the exercise of the | 36628 |
| power enumerated in this section, all moneys, whether derived from | 36629 |
| the county library and local government support fund or otherwise, | 36630 |
| credited to the free public library under its jurisdiction and | 36631 |
| generally do all things it considers necessary for the | 36632 |
| establishment, maintenance, and improvement of the free public | 36633 |
| library under its jurisdiction; | 36634 |
| (C) Purchase, lease, construct, remodel, renovate, or | 36635 |
| otherwise improve, equip, and furnish buildings or parts of | 36636 |
| buildings and other real property, and purchase, lease, or | 36637 |
| otherwise acquire motor vehicles and other personal property, | 36638 |
| necessary for the proper maintenance and operation of the free | 36639 |
| public library under its jurisdiction, and pay their costs in | 36640 |
| installments or otherwise. Financing of these costs may be | 36641 |
| provided through the issuance of notes, through an installment | 36642 |
| sale, or through a lease-purchase agreement. Any such notes shall | 36643 |
| be issued pursuant to section 3375.404 of the Revised Code. | 36644 |
| (D) Purchase, lease, lease with an option to purchase, or | 36645 |
| erect buildings or parts of buildings to be used as main | 36646 |
| libraries, branch libraries, or library stations pursuant to | 36647 |
| section 3375.41 of the Revised Code; | 36648 |
| (E) Establish and maintain a main library, branches, library | 36649 |
| stations, and traveling library service within the territorial | 36650 |
| boundaries of the political subdivision or district over which it | 36651 |
| has jurisdiction of free public library service; | 36652 |
| (F) Except as otherwise provided in this division, establish | 36653 |
| and maintain branches, library stations, and traveling library | 36654 |
| service in any school district, outside the territorial boundaries | 36655 |
| of the political subdivision or district over which it has | 36656 |
| jurisdiction of free public library service, upon application to | 36657 |
| and approval of the state library board, pursuant to section | 36658 |
| 3375.05 of the Revised Code. The board of library trustees of any | 36659 |
| free public library maintaining branches, stations, or traveling | 36660 |
| library service, outside the territorial boundaries of the | 36661 |
| political subdivision or district over which it has jurisdiction | 36662 |
| of free public library service, on September 4, 1947, may continue | 36663 |
| to maintain and operate those branches, those stations, and that | 36664 |
| traveling library service without the approval of the state | 36665 |
| library board. | 36666 |
| (G) Appoint and fix the compensation of all of the employees | 36667 |
| of the free public library under its jurisdiction, pay the | 36668 |
| reasonable cost of tuition for any of its employees who enroll in | 36669 |
| a course of study the board considers essential to the duties of | 36670 |
| the employee or to the improvement of the employee's performance, | 36671 |
| and reimburse applicants for employment for any reasonable | 36672 |
| expenses they incur by appearing for a personal interview; | 36673 |
| (H) Make and publish rules for the proper operation and | 36674 |
| management of the free public library and facilities under its | 36675 |
| jurisdiction, including rules pertaining to the provision of | 36676 |
| library services to individuals, corporations, or institutions | 36677 |
| that are not inhabitants of the county; | 36678 |
| (I) Assess uniform fees for the provision of services to | 36679 |
| patrons of the library, but no fee shall be assessed for the | 36680 |
| circulation of printed materials held by the library except for | 36681 |
| the assessment of fines for materials not returned in accordance | 36682 |
| with the board's rules; | 36683 |
| (J) Establish and maintain a museum in connection with and as | 36684 |
| an adjunct to the free public library under its jurisdiction; | 36685 |
| | 36686 |
| gift, or endowment upon the conditions connected with the bequest, | 36687 |
| gift, or endowment. No such bequest, gift, or endowment shall be | 36688 |
| accepted by the board if its conditions remove any portion of the | 36689 |
| free public library under the board's jurisdiction from the | 36690 |
| control of the board or if the conditions, in any manner, limit | 36691 |
| the free use of the library or any part of it by the residents of | 36692 |
| the counties in which the library is located. | 36693 |
| | 36694 |
| its full membership, set aside any unencumbered surplus remaining | 36695 |
| in the general fund of the free public library under its | 36696 |
| jurisdiction for any purpose, including creating or increasing a | 36697 |
| special building and repair fund, or for operating the library or | 36698 |
| acquiring equipment and supplies; | 36699 |
| | 36700 |
| life, hospitalization, surgical, major medical, disability | 36701 |
| benefit, dental care, eye care, hearing aids, or prescription drug | 36702 |
| insurance or coverage, or a combination of any of those types of | 36703 |
| insurance or coverage, whether issued by an insurance company or a | 36704 |
| health insuring corporation duly licensed by the state, covering | 36705 |
| its employees, and, in the case of group term life, | 36706 |
| hospitalization, surgical, major medical, dental care, eye care, | 36707 |
| hearing aids, or prescription drug insurance or coverage, also | 36708 |
| covering the dependents and spouses of its employees, and, in the | 36709 |
| case of disability benefits, also covering the spouses of its | 36710 |
| employees. | 36711 |
| | 36712 |
| library and library trustees in library associations. | 36713 |
| Any instrument by which real property is acquired pursuant to | 36714 |
| this section shall identify the agency of the state that has the | 36715 |
| use and benefit of the real property as specified in section | 36716 |
| 5301.012 of the Revised Code. | 36717 |
| | 36718 |
| 36719 | |
| 36720 | |
| from forfeited bail, under sections 3375.50 to 3375.53 of the | 36721 |
| Revised Code shall furnish to all of the members
of the | 36722 |
| general assembly, the | 36723 |
| association is located, and the judges of the
| 36724 |
| 36725 | |
| and the use of its
books, materials, and equipment free of charge | 36726 |
| 36727 | |
| 36728 | |
| 36729 | |
| additional persons to act as assistant | 36730 |
| the law library. The board shall | 36731 |
| paying the compensation of | 36732 |
| 36733 | |
| Code. | 36734 |
| Sec. 3375.49. | 36735 |
| this section, for the use of the law library referred to in | 36736 |
| section 3375.48 of the Revised Code, the board of county | 36737 |
|
commissioners shall provide | 36738 |
| 36739 | |
|
county courthouse or | 36740 |
| 36741 | |
| located in the county seat | 36742 |
| utilities for that space. | 36743 |
| (B)(1) Subject to division (C) of this section, through | 36744 |
| calendar year 2006, the board of county commissioners shall be | 36745 |
| responsible for paying the compensation of the librarian and up to | 36746 |
| two assistant librarians of the law library appointed by the board | 36747 |
| of trustees of the law library association under section 3375.48 | 36748 |
| of the Revised Code and the costs of the space in the county | 36749 |
| courthouse or other building that the board provides for the use | 36750 |
| of the law library under division (A) of this section, the | 36751 |
| utilities for that space, and furniture and fixtures for the law | 36752 |
| library. | 36753 |
| (2) In calendar years 2007 through 2010, the board of county | 36754 |
| commissioners and the board of trustees shall be responsible for | 36755 |
| paying the compensation of the librarian and up to two assistant | 36756 |
| librarians appointed under section 3375.48 of the Revised Code and | 36757 |
| the costs of the space in the county courthouse or other building | 36758 |
| that the board of county commissioners provides for the use of the | 36759 |
| law library under division (A) of this section, the utilities for | 36760 |
| that space, and furniture and fixtures for the law library as | 36761 |
| follows: | 36762 |
| (a) In calendar year 2007, the board of county commissioners | 36763 |
| shall pay eighty per cent, and the board of trustees shall pay | 36764 |
| twenty per cent. | 36765 |
| (b) In calendar year 2008, the board of county commissioners | 36766 |
| shall pay sixty per cent, and the board of trustees shall pay | 36767 |
| forty per cent. | 36768 |
| (c) In calendar year 2009, the board of county commissioners | 36769 |
| shall pay forty per cent, and the board of trustees shall pay | 36770 |
| sixty per cent. | 36771 |
| (d) In calendar year 2010, the board of county commissioners | 36772 |
| shall pay twenty per cent, and the board of trustees shall pay | 36773 |
| eighty per cent. | 36774 |
| (3) Beginning in calendar year 2011 and thereafter, the board | 36775 |
| of trustees shall be responsible for paying the compensation of | 36776 |
| the librarian and all assistant librarians appointed under section | 36777 |
| 3375.48 of the Revised Code as well as the costs of the space in | 36778 |
| the county courthouse or other building that the board of county | 36779 |
| commissioners provides for the use of the law library under | 36780 |
| division (A) of this section, the utilities for that space, and | 36781 |
| the law library's furniture and fixtures. | 36782 |
| (C) If the board of trustees of a law library association | 36783 |
| referred to in section 3375.48 of the Revised Code rents, leases, | 36784 |
| lease-purchases, or otherwise acquires space for the use of the | 36785 |
| law library, or constructs, enlarges, renovates, or otherwise | 36786 |
| modifies buildings or other structures to provide space for the | 36787 |
| use of the law library, the board of county commissioners of the | 36788 |
| county in which the association is located has no further | 36789 |
| obligation under division (A) of this section to provide space in | 36790 |
| the county courthouse or any other building located in the county | 36791 |
| seat for the use of the law library and utilities for that space, | 36792 |
| and has no further obligation under division (B) of this section | 36793 |
| to make payments for the compensation of the librarian and up to | 36794 |
| two assistant librarians of the law library appointed under | 36795 |
| section 3375.48 of the Revised Code and for the costs of space in | 36796 |
| the county courthouse or an other building for the use of the law | 36797 |
| library, the utilities for that space, and the law library's | 36798 |
| furniture and fixtures. | 36799 |
|
(D)
The librarian | 36800 |
| shall receive and safely keep in | 36801 |
| law reports and other books furnished by the state for use of the | 36802 |
| court and bar. | 36803 |
| 36804 |
| (E) The books, computer communications console that is a | 36805 |
| means of access to a system of computerized legal research, | 36806 |
| microform materials and equipment, videotape materials and | 36807 |
| equipment, audio or visual materials and equipment, other | 36808 |
| materials and equipment utilized in conducting
legal research, | 36809 |
| furniture, and fixtures of the law library association that are | 36810 |
| owned by, and used exclusively in, the law library are exempt from | 36811 |
| taxation. | 36812 |
| Sec. 3375.54. The money that is paid to the board of | 36813 |
| trustees of a law library association under sections 3375.50 to | 36814 |
| 3375.53 of the Revised Code shall be expended in the support and | 36815 |
| operation of the law library association
| 36816 |
| lease, or rental of lawbooks, a computer communications console | 36817 |
| that is a means of access to a system of computerized legal | 36818 |
| research, microform materials and equipment, videotape materials | 36819 |
| and equipment, audio or
visual materials and equipment, | 36820 |
| 36821 | |
| 36822 | |
| and fixtures used in the association's law library; and to pay the | 36823 |
| compensation of any librarian and assistant librarians of the law | 36824 |
| library appointed under section 3375.48 of the Revised Code. | 36825 |
| Sec. 3375.55. | 36826 |
| 36827 | |
| 36828 | |
| receives fines and penalties, and moneys arising from forfeited | 36829 |
| bail, under sections 3375.50 to 3375.53 of the Revised Code is | 36830 |
| located shall have the same free use of the books, materials, and | 36831 |
| equipment of the association's law library | 36832 |
| 36833 | |
| general assembly members and the judges and county officers | 36834 |
| mentioned in section 3375.48 of the Revised Code. | 36835 |
| Sec. 3381.02. A regional arts and cultural district may be | 36836 |
|
created | 36837 |
| any of the following purposes: making grants to support the | 36838 |
| operating or capital expenses of arts or cultural organizations | 36839 |
| located within its district, or acquiring, constructing, | 36840 |
| equipping, furnishing, repairing, remodeling, renovating, | 36841 |
| enlarging, improving, or administering artistic or cultural | 36842 |
| facilities. A regional arts and cultural district is a political | 36843 |
| subdivision of the state and a body corporate, comprised of the | 36844 |
| territory of a county, or two or more counties, municipal | 36845 |
|
corporations, townships, or any combination thereof | 36846 |
| 36847 | |
| cultural district, each county shall be contiguous to a county in | 36848 |
| 36849 | |
| of political subdivisions, | 36850 |
| township shall either be contiguous to a county, municipal | 36851 |
|
corporation, or township in | 36852 |
| district, or each municipal corporation or township shall be | 36853 |
| located in a county that is
contiguous to a county in | 36854 |
| district. | 36855 |
| Sec. 3381.04. (A) In lieu of the procedure set forth in | 36856 |
| section 3381.03 of the Revised Code, any county with a population | 36857 |
| of five hundred thousand or more | 36858 |
| the creation of a regional arts and cultural
district | 36859 |
| under that section | 36860 |
| regional arts and cultural district by adoption of a resolution
| 36861 |
| 36862 | |
| county.
| 36863 |
| | 36864 |
| | 36865 |
| coextensive with the
territory of | 36866 |
| | 36867 |
| known; | 36868 |
| | 36869 |
| or the manner in which the location shall be selected. | 36870 |
| (B) The district provided for in | 36871 |
| 36872 | |
| resolution | 36873 |
| 36874 | |
| 36875 | |
| townships contained | 36876 |
| a part of any other regional arts and cultural district. | 36877 |
| (C) The board of trustees of any regional arts and cultural | 36878 |
| district formed in accordance with this section shall be comprised | 36879 |
| of three members appointed by the | 36880 |
| 36881 |
| Sec. 3381.05. Within sixty days after a regional arts and | 36882 |
|
cultural district has been created | 36883 |
| 36884 | |
| appointed as provided in this section. | 36885 |
| Members of a board of trustees of a regional arts and | 36886 |
| cultural district created by the exclusive action of a county | 36887 |
| shall be appointed by the board of county
commissioners of | 36888 |
| the county. A board of trustees of a district created by two or | 36889 |
| more political subdivisions shall consist of
| 36890 |
| members, and shall be appointed by | 36891 |
| bodies, as shall be provided in the resolutions or ordinances | 36892 |
| creating | 36893 |
| All members of a board of trustees of a regional arts and | 36894 |
|
cultural district | 36895 |
| 36896 | |
| the arts or cultural heritage and shall have other qualifications | 36897 |
|
as are specified in the | 36898 |
| ordinances creating the
district, or any amendments | 36899 |
| them; provided | 36900 |
| shall be persons who devote a major portion of their time to | 36901 |
| practicing, performing, or teaching any of the arts or who are | 36902 |
| professional administrators in any field of the arts or cultural | 36903 |
| heritage, and the | 36904 |
|
creating | 36905 |
| provide. All members of the board of trustees also shall be | 36906 |
| qualified electors in
the district's territory. | 36907 |
| The appointing authority shall consider for appointment as | 36908 |
| members of the board of trustees, but
need not appoint, | 36909 |
| persons | 36910 |
| section 757.03 of the Revised Code, located within the district; | 36911 |
| provided that all | 36912 |
| specified in this section and the
| 36913 |
| 36914 | |
| resolutions or
| 36915 |
| need not, provide that the members of an area arts council located | 36916 |
| within the district shall constitute the board of trustees of the | 36917 |
| district. | 36918 |
| The
appointing authority | 36919 |
| 36920 | |
| nonfeasance, or malfeasance in office. | 36921 |
| The initially appointed members of the board of trustees of | 36922 |
| any regional arts and cultural district | 36923 |
| 36924 | |
| two, and three years. Thereafter, each | 36925 |
| 36926 | |
| fill a vacancy shall be appointed to only the unexpired term. Any | 36927 |
| 36928 | |
| otherwise provided in the | 36929 |
| ordinances creating | 36930 |
| them. | 36931 |
| Sec. 3381.06. All the power and authority granted to a | 36932 |
| regional arts and
cultural district | 36933 |
| 36934 | |
| its board of trustees, which shall manage and conduct its affairs. | 36935 |
| The board | 36936 |
| provide, by rules, the procedure for its actions, the manner of | 36937 |
| selection of its president, vice-president, executive director, | 36938 |
| and other officers and employees, their titles, terms of office, | 36939 |
| compensation, duties, number, and qualifications, and any other | 36940 |
| lawful subject necessary or desirable to the operation and | 36941 |
| administration of the district and the exercise of the powers | 36942 |
| granted to it. | 36943 |
| Sec. 3381.07. Upon the creation of a regional arts and | 36944 |
|
cultural district | 36945 |
| 36946 | |
| election of a president and a vice-president, the district shall | 36947 |
| exercise in its own name all the rights, powers, and duties vested | 36948 |
| in and conferred upon it by this chapter. A regional arts and | 36949 |
| cultural district: | 36950 |
| (A) May sue or be sued in its corporate name; | 36951 |
| (B) May make contracts in the exercise of the rights, powers, | 36952 |
| and duties conferred upon it; | 36953 |
| (C) May adopt and alter a seal and use | 36954 |
| causing it to be impressed, affixed, reproduced, or otherwise | 36955 |
| used, but failure to affix the seal shall not affect the validity | 36956 |
| of any instrument; | 36957 |
| (D) May make, adopt, amend, and repeal bylaws for the | 36958 |
| administration of its affairs and rules for the administration and | 36959 |
| operation of any artistic or cultural facilities under its control | 36960 |
| and for the exercise of all of its rights of ownership
| 36961 |
| those facilities, provided, however, that it may not be directly | 36962 |
| involved in any programatic activities; | 36963 |
| (E) May make grants, on such terms and conditions as it may | 36964 |
| deem advisable, to any arts or cultural organization within its | 36965 |
| district as provided in section 3381.17 of the Revised Code; | 36966 |
| (F) May fix, alter, and collect rentals and other charges for | 36967 |
| the use of any artistic or cultural facilities under its control, | 36968 |
| to be determined exclusively by it for the purpose of providing | 36969 |
| for the payment of the expenses of the district, the acquisition, | 36970 |
| construction, equipping, improvement, extension, repair, | 36971 |
| maintenance, renovation, enlargement, administration, and | 36972 |
| operation of artistic or cultural facilities under its control, | 36973 |
| and the payment of principal and interest on its obligations, and | 36974 |
| 36975 | |
| purchasers or holders of any such obligations, or with any person | 36976 |
| or political subdivision; | 36977 |
| (G) Shall have jurisdiction, control, possession, and | 36978 |
| supervision over the use and disposition of all property, rights, | 36979 |
| licenses, moneys, contracts, accounts, liens, books, records, or | 36980 |
| other property rights and interests conveyed, delivered, | 36981 |
| transferred, or assigned to it; | 36982 |
| (H) May acquire, construct, improve, extend, repair, remodel, | 36983 |
| renovate, furnish, equip, enlarge, lease, or maintain artistic or | 36984 |
| cultural facilities within its territory as it considers necessary | 36985 |
| to accomplish the purposes of this chapter, and make charges for | 36986 |
| the use of artistic or cultural facilities; | 36987 |
| (I) May levy and collect taxes as provided in section 3381.16 | 36988 |
| of the Revised Code; | 36989 |
| (J) May issue bonds secured by its general credit as provided | 36990 |
| in section 3381.08 of the Revised Code; | 36991 |
| (K) May hold, encumber, control, acquire by donation, | 36992 |
| purchase, construct, own, lease as lessee or lessor, use, and sell | 36993 |
| real and personal property, or any interest or right
| 36994 |
| real or personal property, within or without its territory; | 36995 |
| (L) May employ or retain and fix the compensation of | 36996 |
|
employees, | 36997 |
| or
advisors | 36998 |
| accomplishment of its purposes; | 36999 |
| (M) May procure insurance against loss to it by reason of | 37000 |
| damages to its properties resulting from fire, theft, accident, or | 37001 |
| other casualties or by reason of its liability for any damages to | 37002 |
| persons or property; | 37003 |
| (N) May maintain | 37004 |
| desirable for the efficient performance of its duties; | 37005 |
| (O) May procure a policy or policies insuring members of its | 37006 |
| board of trustees, and its officers, employees, and agents, | 37007 |
| against liability on account of damages or injury to persons and | 37008 |
|
property resulting from any act or omission of such person in | 37009 |
| the person's
official capacity or resulting solely out of | 37010 |
| person's
service to | 37011 |
| (P) May receive and expend gifts, grants, bequests, or | 37012 |
| devices, or grants, including, but not limited to, grants of | 37013 |
| public funds. | 37014 |
| Sec. 3381.15. (A) The board of county commissioners of any | 37015 |
| county, the legislative authority of any municipal corporation, | 37016 |
| and the board of township trustees of any township, included | 37017 |
| within a regional arts and cultural district may appropriate | 37018 |
| annually, from moneys to the credit of the general fund of the | 37019 |
| county, the municipal corporation, or the township and not | 37020 |
| otherwise appropriated, that portion of the expense of the | 37021 |
| district to be paid
by | 37022 |
| township as provided in the resolution creating or enlarging the | 37023 |
| district adopted under section 3381.03 of the Revised Code, or by | 37024 |
| any amendment | 37025 |
| (B) In addition to the authority granted to a board of county | 37026 |
| commissioners under division (A) of this section, a board of | 37027 |
| county commissioners in a county with a population of one million | 37028 |
| two hundred thousand or more may establish and provide local | 37029 |
| funding options for the support of arts and cultural organizations | 37030 |
| operating within the regional arts and cultural district in which | 37031 |
| the county is included. | 37032 |
| Sec. 3383.02. (A) There is hereby created the Ohio cultural | 37033 |
| facilities commission. The commission shall engage in and provide | 37034 |
| for the development, performance, and presentation or making | 37035 |
| available of culture and professional sports and athletics to the | 37036 |
| public in this state, and the provision of training or education | 37037 |
| in culture, by the exercise of its powers under this chapter, | 37038 |
| including the provision, operation, management, and cooperative | 37039 |
| use of Ohio cultural facilities and Ohio sports facilities. The | 37040 |
| commission is a body corporate and politic, an agency of state | 37041 |
| government and an instrumentality of the state, performing | 37042 |
| essential governmental functions of this state. The carrying out | 37043 |
| of the purposes and the exercise by the commission of its powers | 37044 |
| conferred by this chapter are essential public functions and | 37045 |
| public purposes of the state and of state government. The | 37046 |
| commission may, in its own name, sue and be sued, enter into | 37047 |
| contracts, and perform all the powers and duties given to it by | 37048 |
| this chapter; however, it does not have and shall not exercise the | 37049 |
| power of eminent domain. | 37050 |
| (B) The commission shall consist of
| 37051 |
| nine of whom shall be voting members and three of whom shall be | 37052 |
|
nonvoting
members. The
| 37053 |
| appointed by the governor, with the advice and consent of the | 37054 |
| senate, from different geographical regions of the state. In | 37055 |
| addition, one of the voting members shall represent the state | 37056 |
|
architect. Not more
than
| 37057 |
| governor shall be affiliated with the same political party. The | 37058 |
| nonvoting members shall be the staff director of the Ohio arts | 37059 |
| council, a member of the senate appointed by the president of the | 37060 |
| senate, and a member of the house of representatives appointed by | 37061 |
| the speaker of the house. | 37062 |
| (C) Of the five initial appointments made by the governor, | 37063 |
| one shall be for a term expiring December 31, 1989, two shall be | 37064 |
| for terms expiring December 31, 1990, and two shall be for terms | 37065 |
| expiring December 31, 1991. Of the initial appointments of the | 37066 |
| sixth and seventh voting members made by the governor, one shall | 37067 |
| be for a term expiring December 31, 2003, and one shall be for a | 37068 |
| term expiring December 31, 2004. Of the initial appointments of | 37069 |
| the eighth and ninth voting members made by the governor, one | 37070 |
| shall be for a term expiring December 31, 2007, and one shall be | 37071 |
| for a term expiring December 31, 2008. These voting members shall | 37072 |
| be appointed within sixty days after the effective date of this | 37073 |
| amendment. Thereafter, each such term shall be for three years, | 37074 |
| commencing on the first day of January and ending on the | 37075 |
| thirty-first day of December. Each appointment by the president of | 37076 |
| the senate and by the speaker of the house of representatives | 37077 |
| shall be for the balance of the then legislative biennium. Each | 37078 |
| member shall hold office from the date of the member's appointment | 37079 |
| until the end of the term for which the member was appointed. Any | 37080 |
| member appointed to fill a vacancy occurring prior to the | 37081 |
| expiration of the term for which the member's predecessor was | 37082 |
| appointed shall hold office for the remainder of such term. Any | 37083 |
| member shall continue in office subsequent to the expiration date | 37084 |
| of the member's term until the member's successor takes office, or | 37085 |
| until a period of sixty days has elapsed, whichever occurs first. | 37086 |
| (D) Members of the commission shall serve without | 37087 |
| compensation. | 37088 |
| (E) Organizational meetings of the commission shall be held | 37089 |
| at the first meeting of each calendar year. At each organizational | 37090 |
| meeting, the commission shall elect from among its voting members | 37091 |
| a chairperson, a vice-chairperson, and a secretary-treasurer, who | 37092 |
| shall serve until the next annual meeting. The commission shall | 37093 |
| adopt rules pursuant to section 111.15 of the Revised Code for the | 37094 |
| conduct of its internal business and shall keep a journal of its | 37095 |
| proceedings. | 37096 |
| (F)
| 37097 |
|
quorum, and the affirmative vote of
| 37098 |
| for approval of any action taken by the commission. A vacancy in | 37099 |
| the membership of the commission does not impair a quorum from | 37100 |
| exercising all the rights and performing all the duties of the | 37101 |
| commission. Meetings of the commission may be held anywhere in the | 37102 |
| state, and shall be held in compliance with section 121.22 of the | 37103 |
| Revised Code. | 37104 |
| (G) All expenses incurred in carrying out this chapter are | 37105 |
| payable solely from money accrued under this chapter or | 37106 |
| appropriated for these purposes by the general assembly, and the | 37107 |
| commission shall incur no liability or obligation beyond such | 37108 |
| money. | 37109 |
| (H) The commission shall file an annual report of its | 37110 |
| activities and finances with the governor, director of budget and | 37111 |
| management, speaker of the house of representatives, president of | 37112 |
| the senate, and chairpersons of the house and senate finance | 37113 |
| committees. | 37114 |
| (I) There is hereby established in the state treasury the | 37115 |
| Ohio cultural facilities commission administration fund. All | 37116 |
| revenues of the commission shall be credited to that fund and to | 37117 |
| any
accounts created in | 37118 |
| approval. All expenses of the commission, including reimbursement | 37119 |
| of, or payment to, any other fund or any governmental agency for | 37120 |
| advances made or services rendered to or on behalf of the | 37121 |
|
commission, shall be paid from | 37122 |
| 37123 | |
| to
directions of the commission. All investment earnings of | 37124 |
| 37125 | |
| shall be allocated among any accounts created in the fund in the | 37126 |
| manner determined by the commission. | 37127 |
| (J) Title to all real property and lesser interests in real | 37128 |
| property acquired by the commission, including leasehold and other | 37129 |
| interests, pursuant to this chapter shall be taken in the name of | 37130 |
| the state and shall be held for the use and benefit of the | 37131 |
| commission. The commission shall not mortgage such real property | 37132 |
| and interests in real property. Title to other property and | 37133 |
| interests in it acquired by the commission pursuant to this | 37134 |
| chapter shall be taken in its name. | 37135 |
| Sec. 3383.09. (A) There is hereby created in the state | 37136 |
| treasury the cultural and sports facilities building fund, which | 37137 |
| shall consist of proceeds of obligations authorized to pay costs | 37138 |
| of Ohio cultural facilities and Ohio sports facilities for which | 37139 |
| appropriations are made by the general assembly. All investment | 37140 |
| earnings of the fund shall be credited to the fund. | 37141 |
| (B) The director of budget and management may transfer | 37142 |
|
the Ohio cultural facilities commission administration
fund | 37143 |
| investment earnings credited, or the premium paid on any bonds | 37144 |
| issued on behalf of the commission and credited, to the cultural | 37145 |
| and sports facilities building fund that exceed the amounts | 37146 |
| required to meet estimated federal arbitrage rebate requirements | 37147 |
| when requested of the director of budget and management by the | 37148 |
| chairperson or executive director of the commission. | 37149 |
| Sec. 3501.141. (A) The board of elections of any county may | 37150 |
| contract, purchase, or otherwise procure and pay all or any part | 37151 |
| of the cost of group insurance policies that may provide benefits | 37152 |
| for hospitalization, surgical care, major medical care, | 37153 |
| disability, dental care, eye care, medical care, hearing aids, or | 37154 |
| prescription drugs, and that may provide sickness and accident | 37155 |
| insurance, or group life insurance, or a combination of any of the | 37156 |
| foregoing types of insurance or coverage for the full-time | 37157 |
| employees of such board and their immediate dependents, whether | 37158 |
| issued by an insurance company or a health insuring corporation, | 37159 |
| duly authorized to do business in this state. The authority | 37160 |
| granted under this division applies only when the board of county | 37161 |
| commissioners, by resolution, denies coverage described in this | 37162 |
| division to full-time employees of the board of elections. | 37163 |
| (B) The board of elections of any county, with the approval | 37164 |
| of the board of county commissioners, may procure and pay all or | 37165 |
| any part of the cost of group hospitalization, surgical, major | 37166 |
| medical, or sickness and accident insurance or a combination of | 37167 |
| any of the foregoing types of insurance or coverage for the | 37168 |
| members appointed to the board of elections under section 3501.06 | 37169 |
| of the Revised Code and their immediate dependents when each | 37170 |
| member's term begins, whether issued by an insurance company or a | 37171 |
| health insuring corporation, duly authorized to do business in | 37172 |
| this state. | 37173 |
| Sec. 3501.17. (A) The expenses of the board of elections | 37174 |
| shall be paid from the county treasury, in pursuance of | 37175 |
| appropriations by the board of county commissioners, in the same | 37176 |
| manner as other county expenses are paid. If the board of county | 37177 |
| commissioners fails to appropriate an amount sufficient to provide | 37178 |
| for the necessary and proper expenses of the board of elections | 37179 |
| pertaining to the conduct of elections, other than expenses for | 37180 |
| employee compensation and benefits incurred in the conduct of | 37181 |
| elections, | 37182 |
| common pleas within the county, which shall fix the amount | 37183 |
| necessary to be appropriated and | 37184 |
| appropriated. Payments shall be made upon vouchers of the board of | 37185 |
| elections certified to by its chairperson or acting chairperson | 37186 |
| and the director or deputy director, upon warrants of the county | 37187 |
| auditor. | 37188 |
| The board of elections shall not incur any obligation | 37189 |
| involving the expenditure of money unless there are moneys | 37190 |
| sufficient in the funds appropriated therefor to
meet | 37191 |
| 37192 | |
| 5705.41 of the Revised Code. | 37193 |
| requests a transfer of funds from one of its appropriation items | 37194 |
| to another, the board of county commissioners shall adopt a | 37195 |
| resolution providing for the transfer except as otherwise provided | 37196 |
| in section 5705.40 of the Revised Code.The expenses of the board | 37197 |
| of elections shall be apportioned among the county and the various | 37198 |
| subdivisions as provided in this section, and the amount | 37199 |
| chargeable to each subdivision shall be withheld by the auditor | 37200 |
| from the moneys payable thereto at the time of the next tax | 37201 |
| settlement. At the time of submitting budget estimates in each | 37202 |
| year, the board of elections shall submit to the taxing authority | 37203 |
| of each subdivision, upon the request of the subdivision, an | 37204 |
| estimate of the amount to be
withheld | 37205 |
| subdivision during the next fiscal year. | 37206 |
| (B) Except as otherwise provided in division (F) of this | 37207 |
| section, the entire compensation of the members of the board of | 37208 |
| elections and of the director, deputy director, and other | 37209 |
| employees in the board's offices; the expenditures for the rental, | 37210 |
| furnishing, and equipping of the office of the board and for the | 37211 |
| necessary office supplies for the use of the board; the | 37212 |
| expenditures for the acquisition, repair, care, and custody of the | 37213 |
| polling places, booths, guardrails, and other equipment for | 37214 |
| polling places; the cost of pollbooks, tally sheets, maps, flags, | 37215 |
| ballot boxes, and all other permanent records and equipment; the | 37216 |
| cost of all elections held in and for the state and county; and | 37217 |
| all other expenses of the board which are not chargeable to a | 37218 |
| political subdivision in accordance with this section shall be | 37219 |
| paid in the same manner as other county expenses are paid. | 37220 |
| (C) The compensation of judges and clerks of elections; the | 37221 |
| cost of renting, moving, heating, and lighting polling places and | 37222 |
| of placing and removing ballot boxes and other fixtures and | 37223 |
| equipment thereof; the cost of printing and delivering ballots, | 37224 |
| cards of instructions, and other election supplies; and all other | 37225 |
| expenses of conducting primaries and elections in the odd-numbered | 37226 |
| years shall be charged to the subdivisions in and for which such | 37227 |
| primaries or elections are held. The charge for each primary or | 37228 |
| general election in odd-numbered years for each subdivision shall | 37229 |
| be determined in the following manner: first, the total cost of | 37230 |
| all chargeable items used in conducting such elections shall be | 37231 |
| ascertained; second, the total charge shall be divided by the | 37232 |
| number of precincts participating in such election, in order to | 37233 |
| fix the cost per precinct; third, the cost per precinct shall be | 37234 |
| prorated by the board of elections to the subdivisions conducting | 37235 |
| elections for the nomination or election of offices in such | 37236 |
| precinct; fourth, the total cost for each subdivision shall be | 37237 |
| determined by adding the charges prorated to it in each precinct | 37238 |
| within the subdivision. | 37239 |
| (D) The entire cost of special elections held on a day other | 37240 |
| than the day of a primary or general election, both in | 37241 |
| odd-numbered or in even-numbered years, shall be charged to the | 37242 |
| subdivision. Where a special election is held on the same day as a | 37243 |
| primary or general election in an even-numbered year, the | 37244 |
| subdivision submitting the special election shall be charged only | 37245 |
| for the cost of ballots and advertising. Where a special election | 37246 |
| is held on the same day as a primary or general election in an | 37247 |
| odd-numbered year, the subdivision submitting the special election | 37248 |
| shall be charged for the cost of ballots and advertising for such | 37249 |
| special election, in addition to the charges prorated to such | 37250 |
| subdivision for the election or nomination of candidates in each | 37251 |
| precinct within the subdivision, as set forth in the preceding | 37252 |
| paragraph. | 37253 |
| (E) Where a special election is held on the day specified by | 37254 |
| division (E) of section 3501.01 of the Revised Code for the | 37255 |
| holding of a primary election, for the purpose of submitting to | 37256 |
| the voters of the state constitutional amendments proposed by the | 37257 |
| general assembly, and a subdivision conducts a special election on | 37258 |
| the same day, the entire cost of the special election shall be | 37259 |
| divided proportionally between the state and the subdivision based | 37260 |
| upon a ratio determined by the number of issues placed on the | 37261 |
| ballot by each, except as otherwise provided in division (G) of | 37262 |
| this section. Such proportional division of cost shall be made | 37263 |
| only to the extent funds are available for such purpose from | 37264 |
| amounts appropriated by the general assembly to the secretary of | 37265 |
| state. If a primary election is also being conducted in the | 37266 |
| subdivision, the costs shall be apportioned as otherwise provided | 37267 |
| in this section. | 37268 |
| (F) When a precinct is open during a general, primary, or | 37269 |
| special election solely for the purpose of submitting to the | 37270 |
| voters a statewide ballot issue, the state shall bear the entire | 37271 |
| cost of the election in that precinct and shall reimburse the | 37272 |
| county for all expenses incurred in opening the precinct. | 37273 |
| (G) The state shall bear the entire cost of advertising in | 37274 |
| newspapers statewide ballot issues, explanations of those issues, | 37275 |
| and arguments for or against those issues, as required by Section | 37276 |
| 1g of Article II and Section 1 of Article XVI, Ohio Constitution, | 37277 |
| and any other section of law and shall reimburse the counties for | 37278 |
| all expenses they incur for such advertising. | 37279 |
| (H) The cost of renting, heating, and lighting registration | 37280 |
| places; the cost of the necessary books, forms, and supplies for | 37281 |
| the conduct of registration; and the cost of printing and posting | 37282 |
| precinct registration lists shall be charged to the subdivision in | 37283 |
| which such registration is held. | 37284 |
| (I) As used in this section, "statewide ballot issue" means | 37285 |
| any ballot issue, whether proposed by the general assembly or by | 37286 |
| initiative or referendum, that is submitted to the voters | 37287 |
| throughout the state. | 37288 |
| Sec. 3513.04. Candidates for party nominations to state, | 37289 |
| district, county, and municipal offices or positions, for which | 37290 |
| party nominations are provided by law, and for election as members | 37291 |
| of party controlling committees shall have their names printed on | 37292 |
| the official primary ballot by filing a declaration of candidacy | 37293 |
| and paying the fees specified for the office under divisions (A) | 37294 |
| and (B) of section 3513.10 of the Revised Code, except that the | 37295 |
| joint candidates for party nomination to the offices of governor | 37296 |
| and lieutenant governor shall, for the two of them, file one | 37297 |
| declaration of candidacy. The joint candidates also shall pay the | 37298 |
| fees specified for the joint candidates under divisions (A) and | 37299 |
| (B) of section 3513.10 of the Revised Code. | 37300 |
| The secretary of state shall not accept for filing the | 37301 |
| declaration of candidacy of a candidate for party nomination to | 37302 |
| the office of governor unless the declaration of candidacy also | 37303 |
| shows a joint candidate for the same party's nomination to the | 37304 |
| office of lieutenant governor, shall not accept for filing the | 37305 |
| declaration of candidacy of a candidate for party nomination to | 37306 |
| the office of lieutenant governor unless the declaration of | 37307 |
| candidacy also shows a joint candidate for the same party's | 37308 |
| nomination to the office of governor, and shall not accept for | 37309 |
| filing a declaration of candidacy that shows a candidate for party | 37310 |
| nomination to the office of governor or lieutenant governor who, | 37311 |
| for the same election, has already filed a declaration of | 37312 |
| candidacy or a declaration of intent to be a write-in candidate, | 37313 |
| or has become a candidate by the filling of a vacancy under | 37314 |
| section 3513.30 of the Revised Code for any other state office or | 37315 |
| any federal or county office. | 37316 |
| No person who seeks party nomination for an office or | 37317 |
| position at a primary election by declaration of candidacy or by | 37318 |
| declaration of intent to be a write-in candidate and no person who | 37319 |
| is a first choice for president of candidates seeking election as | 37320 |
| delegates and alternates to the national conventions of the | 37321 |
| different major political parties who are chosen by direct vote of | 37322 |
| the electors as provided in this chapter shall be permitted to | 37323 |
| become a candidate by nominating petition or by declaration of | 37324 |
| intent to be a write-in candidate at the following general | 37325 |
| election for any office other than the office of member of the | 37326 |
| state board of education, office of member of a city, local, or | 37327 |
| exempted village board of education, office of member of a | 37328 |
| governing board of an educational service center, or office of | 37329 |
| township trustee. | 37330 |
| Sec. 3513.041. A write-in space shall be provided on the | 37331 |
| ballot for every office, except in an election for which the board | 37332 |
| of elections has received no valid declarations of intent to be a | 37333 |
| write-in candidate under this section. Write-in votes shall not be | 37334 |
| counted for any candidate who has not filed a declaration of | 37335 |
| intent to be a write-in candidate pursuant to this section. A | 37336 |
| qualified person who has filed a declaration of intent may receive | 37337 |
| write-in votes at either a primary or general election. Any | 37338 |
|
candidate | 37339 |
| 37340 | |
| intent to be a write-in candidate before four p.m. of the fiftieth | 37341 |
| day preceding the election at which such candidacy is to be | 37342 |
| considered. If the election is to be determined by electors of a | 37343 |
| county or a district or subdivision within the county, such | 37344 |
| declaration shall be filed with the board of elections of that | 37345 |
| county. If the election is to be determined by electors of a | 37346 |
| subdivision located in more than one county, such declaration | 37347 |
| shall be filed with the board of elections of the county in which | 37348 |
| the major portion of the population of such subdivision is | 37349 |
| located. If the election is to be determined by electors of a | 37350 |
| district comprised of more than one county but less than all of | 37351 |
| the counties of the state, such declaration shall be filed with | 37352 |
| the board of elections of the most populous county in such | 37353 |
| district. Any candidate for an office to be voted upon by electors | 37354 |
| throughout the entire state shall file a declaration of intent to | 37355 |
| be a write-in candidate with the secretary of state before four | 37356 |
| p.m. of the fiftieth day preceding the election at which such | 37357 |
| candidacy is to be considered. In addition, candidates for | 37358 |
| president and vice-president of the United States shall also file | 37359 |
| with the secretary of state by said fiftieth day a slate of | 37360 |
| presidential electors sufficient in number to satisfy the | 37361 |
| requirements of the United States constitution. | 37362 |
| A board of elections shall not accept for filing the | 37363 |
| declaration of intent to be a write-in candidate of a person | 37364 |
| seeking to become a candidate if that person, for the same | 37365 |
| election, has already filed a declaration of candidacy, a | 37366 |
| declaration of intent to be a write-in candidate, or a nominating | 37367 |
| petition, or has become a candidate through party nomination at a | 37368 |
| primary election or by the filling of a vacancy under section | 37369 |
| 3513.30 or 3513.31 of the Revised Code, for any federal, state, or | 37370 |
| county office, if the declaration of intent to be a write-in | 37371 |
| candidate is for a state or county office, or for any municipal or | 37372 |
| township office, for member of a city, local, or exempted village | 37373 |
| board of education, or for member of a governing board of an | 37374 |
| educational service center, if the declaration of intent to be a | 37375 |
| write-in candidate is for a municipal or township office, or for | 37376 |
| member of a city, local, or exempted village board of education, | 37377 |
| or for member of a governing board of an educational service | 37378 |
| center. | 37379 |
| No person shall file a declaration of intent to be a write-in | 37380 |
| candidate for the office of governor unless the declaration also | 37381 |
| shows the intent of another person to be a write-in candidate for | 37382 |
| the office of lieutenant governor. No person shall file a | 37383 |
| declaration of intent to be a write-in candidate for the office of | 37384 |
| lieutenant governor unless the declaration also shows the intent | 37385 |
| of another person to be a write-in candidate for the office of | 37386 |
| governor. No person shall file a declaration of intent to be a | 37387 |
| write-in candidate for the office of governor or lieutenant | 37388 |
| governor if the person has previously filed a declaration of | 37389 |
| intent to be a write-in candidate to the office of governor or | 37390 |
| lieutenant governor at the same primary or general election. A | 37391 |
| write-in vote for the two candidates who file such a declaration | 37392 |
| shall be counted as a vote for them as joint candidates for the | 37393 |
| offices of governor and lieutenant governor. | 37394 |
| The secretary of state shall not accept for filing the | 37395 |
| declaration of intent to be a write-in candidate of a person for | 37396 |
| the office of governor unless the declaration also shows the | 37397 |
| intent of another person to be a write-in candidate for the office | 37398 |
| of lieutenant governor, shall not accept for filing the | 37399 |
| declaration of intent to be a write-in candidate of a person for | 37400 |
| the office of lieutenant governor unless the declaration also | 37401 |
| shows the intent of another person to be a write-in candidate for | 37402 |
| the office of governor, and shall not accept for filing the | 37403 |
| declaration of intent to be a write-in candidate of a person to | 37404 |
| the office of governor or lieutenant governor if that person, for | 37405 |
| the same election, has already filed a declaration of candidacy, a | 37406 |
| declaration of intent to be a write-in candidate, or a nominating | 37407 |
| petition, or has become a candidate through party nomination at a | 37408 |
| primary election or by the filling of a vacancy under section | 37409 |
| 3513.30 or 3513.31 of the Revised Code, for any other state office | 37410 |
| or any federal or county office. | 37411 |
| Protests against the candidacy of any person filing a | 37412 |
| declaration of intent to be a write-in candidate may be filed by | 37413 |
| any qualified elector who is eligible to vote in the election at | 37414 |
| which the candidacy is to be considered. The protest shall be in | 37415 |
| writing and shall be filed not later than four p.m. of the | 37416 |
| forty-fifth day before the day of the election. The protest shall | 37417 |
| be filed with the board of elections with which the declaration of | 37418 |
| intent to be a write-in candidate was filed. Upon the filing of | 37419 |
| the protest, the board with which it is filed shall promptly fix | 37420 |
| the time for hearing it and shall proceed in regard to the hearing | 37421 |
| in the same manner as for hearings set for protests filed under | 37422 |
| section 3513.05 of the Revised Code. At the time fixed, the board | 37423 |
| shall hear the protest and determine the validity or invalidity of | 37424 |
| the declaration of intent to be a write-in candidate. If the board | 37425 |
| finds that the candidate is not an elector of the state, district, | 37426 |
| county, or political subdivision in which the candidate seeks | 37427 |
| election to office or has not fully complied with the requirements | 37428 |
| of Title XXXV of the Revised Code in regard to the candidate's | 37429 |
| candidacy, the candidate's declaration of intent to be a write-in | 37430 |
| candidate shall be determined to be invalid and shall be rejected; | 37431 |
| otherwise, it shall be determined to be valid. The determination | 37432 |
| of the board is final. | 37433 |
| The secretary of state shall prescribe the form of the | 37434 |
| declaration of intent to be a write-in candidate. | 37435 |
| Sec. 3513.05. Each person desiring to become a candidate for | 37436 |
| a party nomination or for election to an office or position to be | 37437 |
| voted for at a primary election, except persons desiring to become | 37438 |
| joint candidates for the offices of governor and lieutenant | 37439 |
| governor and except as otherwise provided in section 3513.051 of | 37440 |
| the Revised Code, shall, not later than four p.m. of the | 37441 |
| seventy-fifth day before the day of the primary election, or if | 37442 |
| the primary election is a presidential primary election, not later | 37443 |
| than four p.m. of the sixtieth day before the day of the | 37444 |
| presidential primary election, file a declaration of candidacy and | 37445 |
| petition and pay the fees required under divisions (A) and (B) of | 37446 |
| section 3513.10 of the Revised Code. The declaration of candidacy | 37447 |
| and all separate petition papers shall be filed at the same time | 37448 |
| as one instrument. When the offices are to be voted for at a | 37449 |
| primary election, persons desiring to become joint candidates for | 37450 |
| the offices of governor and lieutenant governor shall, not later | 37451 |
| than four p.m. of the seventy-fifth day before the day of the | 37452 |
| primary election, comply with section 3513.04 of the Revised Code. | 37453 |
| The prospective joint candidates' declaration of candidacy and all | 37454 |
| separate petition papers of candidacies shall be filed at the same | 37455 |
| time as one instrument. The secretary of state or a board of | 37456 |
| elections shall not accept for filing a declaration of candidacy | 37457 |
| and petition of a person seeking to become a candidate if that | 37458 |
| person, for the same election, has already filed a declaration of | 37459 |
| candidacy or a declaration of intent to be a write-in candidate, | 37460 |
| or has become a candidate by the filling of a vacancy under | 37461 |
| section 3513.30 of the Revised Code for any federal, state, or | 37462 |
| county office, if the declaration of candidacy is for a state or | 37463 |
| county office, or for any municipal or township office, if the | 37464 |
| declaration of candidacy is for a municipal or township office. | 37465 |
| If the declaration of candidacy declares a candidacy which is | 37466 |
| to be submitted to electors throughout the entire state, the | 37467 |
| petition, including a petition for joint candidates for the | 37468 |
| offices of governor and lieutenant governor, shall be signed by at | 37469 |
| least one thousand qualified electors who are members of the same | 37470 |
| political party as the candidate or joint candidates, and the | 37471 |
| declaration of candidacy and petition shall be filed with the | 37472 |
| secretary of state; provided that the secretary of state shall not | 37473 |
| accept or file any such petition appearing on its face to contain | 37474 |
| signatures of more than three thousand electors. | 37475 |
| Except as otherwise provided in this paragraph, if the | 37476 |
| declaration of candidacy is of one that is to be submitted only to | 37477 |
| electors within a district, political subdivision, or portion | 37478 |
| thereof, the petition shall be signed by not less than fifty | 37479 |
| qualified electors who are members of the same political party as | 37480 |
| the political party of which the candidate is a member. If the | 37481 |
| declaration of candidacy is for party nomination as a candidate | 37482 |
| for member of the legislative authority of a municipal corporation | 37483 |
| elected by ward, the petition shall be signed by not less than | 37484 |
| twenty-five qualified electors who are members of the political | 37485 |
| party of which the candidate is a member. | 37486 |
| No such petition, except the petition for a candidacy that is | 37487 |
| to be submitted to electors throughout the entire state, shall be | 37488 |
| accepted for filing if it appears to contain on its face | 37489 |
| signatures of more than three times the minimum number of | 37490 |
| signatures. When a petition of a candidate has been accepted for | 37491 |
| filing by a board of elections, the petition shall not be deemed | 37492 |
| invalid if, upon verification of signatures contained in the | 37493 |
| petition, the board of elections finds the number of signatures | 37494 |
| accepted exceeds three times the minimum number of signatures | 37495 |
| required. A board of elections may discontinue verifying | 37496 |
| signatures on petitions when the number of verified signatures | 37497 |
| equals the minimum required number of qualified signatures. | 37498 |
| If the declaration of candidacy declares a candidacy for | 37499 |
| party nomination or for election as a candidate of an intermediate | 37500 |
| or minor party, the minimum number of signatures on such petition | 37501 |
| is one-half the minimum number provided in this section, except | 37502 |
| that, when the candidacy is one for election as a member of the | 37503 |
| state central committee or the county central committee of a | 37504 |
| political party, the minimum number shall be the same for an | 37505 |
| intermediate or minor party as for a major party. | 37506 |
| If a declaration of candidacy is one for election as a member | 37507 |
| of the state central committee or the county central committee of | 37508 |
| a political party, the petition shall be signed by five qualified | 37509 |
| electors of the district, county, ward, township, or precinct | 37510 |
| within which electors may vote for such candidate. The electors | 37511 |
| signing such petition shall be members of the same political party | 37512 |
| as the political party of which the candidate is a member. | 37513 |
| For purposes of signing or circulating a petition of | 37514 |
| candidacy for party nomination or election, an elector is | 37515 |
| considered to be a member of a political party if the elector | 37516 |
| voted in that party's primary election within the preceding two | 37517 |
| calendar years, or if the elector did not vote in any other | 37518 |
| party's primary election within the preceding two calendar years. | 37519 |
| If the declaration of candidacy is of one that is to be | 37520 |
| submitted only to electors within a county, or within a district | 37521 |
| or subdivision or part thereof smaller than a county, the petition | 37522 |
| shall be filed with the board of elections of the county. If the | 37523 |
| declaration of candidacy is of one that is to be submitted only to | 37524 |
| electors of a district or subdivision or part thereof that is | 37525 |
| situated in more than one county, the petition shall be filed with | 37526 |
| the board of elections of the county within which the major | 37527 |
| portion of the population thereof, as ascertained by the next | 37528 |
| preceding federal census, is located. | 37529 |
| A petition shall consist of separate petition papers, each of | 37530 |
| which shall contain signatures of electors of only one county. | 37531 |
| Petitions or separate petition papers containing signatures of | 37532 |
| electors of more than one county shall not thereby be declared | 37533 |
| invalid. In case petitions or separate petition papers containing | 37534 |
| signatures of electors of more than one county are filed, the | 37535 |
| board shall determine the county from which the majority of | 37536 |
| signatures came, and only signatures from such county shall be | 37537 |
| counted. Signatures from any other county shall be invalid. | 37538 |
| Each separate petition paper shall be circulated by one | 37539 |
| person only, who shall be the candidate or a joint candidate or a | 37540 |
| member of the same political party as the candidate or joint | 37541 |
| candidates, and each separate petition paper shall be governed by | 37542 |
| the rules set forth in section 3501.38 of the Revised Code. | 37543 |
| The secretary of state shall promptly transmit to each board | 37544 |
| such separate petition papers of each petition accompanying a | 37545 |
| declaration of candidacy filed with the secretary of state as | 37546 |
| purport to contain signatures of electors of the county of such | 37547 |
| board. The board of the most populous county of a district shall | 37548 |
| promptly transmit to each board within such district such separate | 37549 |
| petition papers of each petition accompanying a declaration of | 37550 |
| candidacy filed with it as purport to contain signatures of | 37551 |
| electors of the county of each such board. The board of a county | 37552 |
| within which the major portion of the population of a subdivision, | 37553 |
| situated in more than one county, is located, shall promptly | 37554 |
| transmit to the board of each other county within which a portion | 37555 |
| of such subdivision is located such separate petition papers of | 37556 |
| each petition accompanying a declaration of candidacy filed with | 37557 |
| it as purport to contain signatures of electors of the portion of | 37558 |
| such subdivision in the county of each such board. | 37559 |
| All petition papers so transmitted to a board and all | 37560 |
|
petitions accompanying declarations of candidacy filed with | 37561 |
| board shall, under proper regulations, be open to public | 37562 |
| inspection until four p.m. of the seventieth day before the day of | 37563 |
| the next primary election, or if that next primary election is a | 37564 |
| presidential primary election, the fifty-fifth day before that | 37565 |
| presidential primary election. Each board shall, not later than | 37566 |
|
the sixty-eighth day before the day of | 37567 |
| or if the primary election is a presidential primary election, not | 37568 |
| later than the fifty-third day before such presidential primary | 37569 |
| election, examine and determine the validity or invalidity of the | 37570 |
| signatures on the petition papers so transmitted to or filed with | 37571 |
| it and shall return to the secretary of state all petition papers | 37572 |
| transmitted to it by the secretary of state, together with its | 37573 |
| certification of its determination as to the validity or | 37574 |
| invalidity of signatures thereon, and shall return to each other | 37575 |
| board all petition papers transmitted to it by such board, | 37576 |
| together with its certification of its determination as to the | 37577 |
| validity or invalidity of the signatures thereon. All other | 37578 |
| matters affecting the validity or invalidity of such petition | 37579 |
| papers shall be determined by the secretary of state or the board | 37580 |
| with whom such petition papers were filed. | 37581 |
| Protests against the candidacy of any person filing a | 37582 |
| declaration of candidacy for party nomination or for election to | 37583 |
| an office or position, as provided in this section, may be filed | 37584 |
| by any qualified elector who is a member of the same political | 37585 |
| party as the candidate and who is eligible to vote at the primary | 37586 |
| election for the candidate whose declaration of candidacy the | 37587 |
|
elector
objects to, or by the controlling committee of | 37588 |
| political party.
| 37589 |
| 37590 | |
| day before the day of the primary election, or if the primary | 37591 |
| election is a presidential primary election, not later than four | 37592 |
| p.m. of the forty-ninth day before the day of the presidential | 37593 |
| primary election. | 37594 |
| election officials with whom the declaration of candidacy and | 37595 |
| petition was filed. Upon the filing of | 37596 |
| election officials with whom it is filed shall promptly fix the | 37597 |
| time for hearing it, and shall forthwith mail notice of the filing | 37598 |
| of | 37599 |
| whose candidacy is so protested. They shall also forthwith mail | 37600 |
| notice of the time fixed for such hearing to the person who filed | 37601 |
| the protest. At the time fixed, such election officials shall hear | 37602 |
| the protest and determine the validity or invalidity of the | 37603 |
| declaration of candidacy and petition. If they find that such | 37604 |
| candidate is not an elector of the state, district, county, or | 37605 |
| political subdivision in which the candidate seeks a party | 37606 |
| nomination or election to an office or position, or has not fully | 37607 |
| complied with this chapter, the candidate's declaration of | 37608 |
| candidacy and petition shall be determined to be invalid and shall | 37609 |
| be rejected | 37610 |
| That determination shall be final. | 37611 |
| A protest against the candidacy of any persons filing a | 37612 |
| declaration of candidacy for joint party nomination to the offices | 37613 |
| of governor and lieutenant governor shall be filed, heard, and | 37614 |
| determined in the same manner as a protest against the candidacy | 37615 |
| of any person filing a declaration of candidacy singly. | 37616 |
| The secretary of state shall, on the sixtieth day before the | 37617 |
| day of a primary election, or if the primary election is a | 37618 |
| presidential primary election, on the forty-fifth day before the | 37619 |
| day of the presidential primary election, certify to each board in | 37620 |
|
the state the forms of the official ballots to be used at | 37621 |
| primary election, together with the names of the candidates to be | 37622 |
|
printed | 37623 |
| be determined by electors throughout the entire state and who | 37624 |
| filed valid declarations of candidacy and petitions. | 37625 |
| The board of the most populous county in a district comprised | 37626 |
| of more than one county but less than all of the counties of the | 37627 |
| state shall, on the sixtieth day before the day of a primary | 37628 |
| election, or if the primary election is a presidential primary | 37629 |
| election, on the forty-fifth day before the day of a presidential | 37630 |
| primary election, certify to the board of each county in the | 37631 |
| district the names of the candidates to be printed on the official | 37632 |
|
ballots to be used at | 37633 |
| or
election is to be determined only by electors
within | 37634 |
| district and who filed valid declarations of candidacy and | 37635 |
| petitions. | 37636 |
| The board of a county within which the major portion of the | 37637 |
| population of a subdivision smaller than the county and situated | 37638 |
| in more than one county is located shall, on the sixtieth day | 37639 |
| before the day of a primary election, or if the primary election | 37640 |
| is a presidential primary election, on the forty-fifth day before | 37641 |
| the day of a presidential primary election, certify to the board | 37642 |
|
of each county in which a portion of | 37643 |
| located the names of the candidates to be printed on the official | 37644 |
| ballots
to be used at | 37645 |
| or election
is to be determined only by electors within | 37646 |
| subdivision and who filed valid declarations of candidacy and | 37647 |
| petitions. | 37648 |
| Sec. 3513.052. (A) No person shall seek nomination or | 37649 |
| election to any of the following offices or positions at the same | 37650 |
| election by filing a declaration of candidacy and petition, a | 37651 |
| declaration of intent to be a write-in candidate, or a nominating | 37652 |
| petition, or by becoming a candidate through party nomination in a | 37653 |
| primary election, or by the filling of a vacancy under section | 37654 |
| 3513.30 or 3513.31 of the Revised Code: | 37655 |
| (1) Two or more state offices; | 37656 |
| (2) Two or more county offices; | 37657 |
| (3) A state office and a county office; | 37658 |
| (4) A federal office and a state or county office; | 37659 |
| (5) Any combination of two or more municipal or township | 37660 |
| offices, positions as a member of a city, local, or exempted | 37661 |
| village board of education, or positions as a member of a | 37662 |
| governing board of an educational service center. | 37663 |
| (B) The secretary of state or a board of elections shall not | 37664 |
| accept for filing a declaration of candidacy and petition, a | 37665 |
| declaration of intent to be a write-in candidate, or a nominating | 37666 |
| petition of a person seeking to become a candidate if that person, | 37667 |
| for the same election, has already filed a declaration of | 37668 |
| candidacy, a declaration of intent to be a write-in candidate, or | 37669 |
| a nominating petition, or has become a candidate through party | 37670 |
| nomination at a primary election or by the filling of a vacancy | 37671 |
| under section 3513.30 or 3513.31 of the Revised Code for: | 37672 |
| (1) Any federal, state, or county office, if the declaration | 37673 |
| of candidacy, declaration of intent to be a write-in candidate, or | 37674 |
| nominating petition is for a state or county office; | 37675 |
| (2) Any municipal or township office, or for member of a | 37676 |
| city, local, or exempted village board of education, or for member | 37677 |
| of a governing board of an educational service center, if the | 37678 |
| declaration of candidacy, declaration of intent to be a write-in | 37679 |
| candidate, or nominating petition is for a municipal or township | 37680 |
| office, or for member of a city, local, or exempted village board | 37681 |
| of education, or for member of a governing board of an educational | 37682 |
| service center. | 37683 |
| (C)(1) If the secretary of state determines, before the day | 37684 |
| of the primary election, that a person is seeking nomination to | 37685 |
| more than one office at that election in violation of division (A) | 37686 |
| of this section, the secretary of state shall do one of the | 37687 |
| following: | 37688 |
| (a) If each office or the district for each office for which | 37689 |
| the person is seeking nomination is wholly within a single county | 37690 |
| and none of those offices is a federal office, the secretary of | 37691 |
| state shall notify the board of elections of that county. The | 37692 |
| board then shall determine the date on which the person first | 37693 |
| sought to become a candidate for each of those offices by filing a | 37694 |
| declaration of candidacy or a declaration of intent to be a | 37695 |
| write-in candidate or by the filling of a vacancy under section | 37696 |
| 3513.30 of the Revised Code. The board shall vote promptly to | 37697 |
| disqualify that person as a candidate for each office for which | 37698 |
| the person sought to become a candidate after the date on which | 37699 |
| the person first sought to become a candidate for any of those | 37700 |
| offices. If the board determines that the person sought to become | 37701 |
| a candidate for more than one of those offices on the same date, | 37702 |
| the board shall vote promptly to disqualify that person as a | 37703 |
| candidate for each office that would be listed on the ballot below | 37704 |
| the highest office for which that person seeks nomination, | 37705 |
| according to the ballot order prescribed under section 3505.03 of | 37706 |
| the Revised Code. | 37707 |
| (b) If one or more of the offices for which the person is | 37708 |
| seeking nomination is a state office or an office with a district | 37709 |
| larger than a single county and none of the offices for which the | 37710 |
| person is seeking nomination is a federal office, the secretary of | 37711 |
| state shall determine the date on which the person first sought to | 37712 |
| become a candidate for each of those offices by filing a | 37713 |
| declaration of candidacy or a declaration of intent to be a | 37714 |
| write-in candidate or by the filling of a vacancy under section | 37715 |
| 3513.30 of the Revised Code. The secretary of state shall order | 37716 |
| the board of elections of each county in which the person is | 37717 |
| seeking to appear on the ballot to disqualify that person as a | 37718 |
| candidate for each office for which the person sought to become a | 37719 |
| candidate after the date on which the person first sought to | 37720 |
| become a candidate for any of those offices. If the secretary of | 37721 |
| state determines that the person sought to become a candidate for | 37722 |
| more than one of those offices on the same date, the secretary of | 37723 |
| state shall order the board of elections of each county in which | 37724 |
| the person is seeking to appear on the ballot to disqualify that | 37725 |
| person as a candidate for each office that would be listed on the | 37726 |
| ballot below the highest office for which that person seeks | 37727 |
| nomination, according to the ballot order prescribed under section | 37728 |
| 3505.03 of the Revised Code. Each board of elections so notified | 37729 |
| shall vote promptly to disqualify the person as a candidate in | 37730 |
| accordance with the order of the secretary of state. | 37731 |
| (c) If each office or the district for each office for which | 37732 |
| the person is seeking nomination is wholly within a single county | 37733 |
| and any of those offices is a federal office, the secretary of | 37734 |
| state shall notify the board of elections of that county. The | 37735 |
| board then shall vote promptly to disqualify that person as a | 37736 |
| candidate for each office that is not a federal office. | 37737 |
| (d) If one or more of the offices for which the person is | 37738 |
| seeking nomination is a state office and any of the offices for | 37739 |
| which the person is seeking nomination is a federal office, the | 37740 |
| secretary of state shall order the board of elections of each | 37741 |
| county in which the person is seeking to appear on the ballot to | 37742 |
| disqualify that person as a candidate for each office that is not | 37743 |
| a federal office. Each board of elections so notified shall vote | 37744 |
| promptly to disqualify the person as a candidate in accordance | 37745 |
| with the order of the secretary of state. | 37746 |
| (2) If a board of elections determines, before the day of the | 37747 |
| primary election, that a person is seeking nomination to more than | 37748 |
| one office at that election in violation of division (A) of this | 37749 |
| section, the board shall do one of the following: | 37750 |
| (a) If each office or the district for each office for which | 37751 |
| the person is seeking nomination is wholly within that county and | 37752 |
| none of those offices is a federal office, the board shall | 37753 |
| determine the date on which the person first sought to become a | 37754 |
| candidate for each of those offices by filing a declaration of | 37755 |
| candidacy or a declaration of intent to be a write-in candidate or | 37756 |
| by the filling of a vacancy under section 3513.30 of the Revised | 37757 |
| Code. The board shall vote promptly to disqualify that person as a | 37758 |
| candidate for each office for which the person sought to become a | 37759 |
| candidate after the date on which the person first sought to | 37760 |
| become a candidate for any of those offices. If the board | 37761 |
| determines that the person sought to become a candidate for more | 37762 |
| than one of those offices on the same date, the board shall vote | 37763 |
| promptly to disqualify that person as a candidate for each office | 37764 |
| that would be listed on the ballot below the highest office for | 37765 |
| which that person seeks nomination, according to the ballot order | 37766 |
| prescribed under section 3505.03 of the Revised Code. | 37767 |
| (b) If one or more of the offices for which the person is | 37768 |
| seeking nomination is a state office or an office with a district | 37769 |
| larger than a single county and none of the offices for which the | 37770 |
| person is seeking nomination is a federal office, the board shall | 37771 |
| notify the secretary of state. The secretary of state then shall | 37772 |
| determine the date on which the person first sought to become a | 37773 |
| candidate for each of those offices by filing a declaration of | 37774 |
| candidacy or a declaration of intent to be a write-in candidate or | 37775 |
| by the filling of a vacancy under section 3513.30 of the Revised | 37776 |
| Code. The secretary of state shall order the board of elections of | 37777 |
| each county in which the person is seeking to appear on the ballot | 37778 |
| to disqualify that person as a candidate for each office for which | 37779 |
| the person sought to become a candidate after the date on which | 37780 |
| the person first sought to become a candidate for any of those | 37781 |
| offices. If the secretary of state determines that the person | 37782 |
| sought to become a candidate for more than one of those offices on | 37783 |
| the same date, the secretary of state shall order the board of | 37784 |
| elections of each county in which the person is seeking to appear | 37785 |
| on the ballot to disqualify that person as a candidate for each | 37786 |
| office that would be listed on the ballot below the highest office | 37787 |
| for which that person seeks nomination, according to the ballot | 37788 |
| order prescribed under section 3505.03 of the Revised Code. Each | 37789 |
| board of elections so notified shall vote promptly to disqualify | 37790 |
| the person as a candidate in accordance with the order of the | 37791 |
| secretary of state. | 37792 |
| (c) If each office or the district for each office for which | 37793 |
| the person is seeking nomination is wholly within a single county | 37794 |
| and any of those offices is a federal office, the board shall vote | 37795 |
| promptly to disqualify that person as a candidate for each office | 37796 |
| that is not a federal office. | 37797 |
| (d) If one or more of the offices for which the person is | 37798 |
| seeking nomination is a state office and any of the offices for | 37799 |
| which the person is seeking nomination is a federal office, the | 37800 |
| board shall notify the secretary of state. The secretary of state | 37801 |
| then shall order the board of elections of each county in which | 37802 |
| the person is seeking to appear on the ballot to disqualify that | 37803 |
| person as a candidate for each office that is not a federal | 37804 |
| office. Each board of elections so notified shall vote promptly to | 37805 |
| disqualify the person as a candidate in accordance with the order | 37806 |
| of the secretary of state. | 37807 |
| (D)(1) If the secretary of state determines, after the day of | 37808 |
| the primary election and before the day of the general election, | 37809 |
| that a person is seeking election to more than one office at that | 37810 |
| election in violation of division (A) of this section, the | 37811 |
| secretary of state shall do one of the following: | 37812 |
| (a) If each office or the district for each office for which | 37813 |
| the person is seeking election is wholly within a single county | 37814 |
| and none of those offices is a federal office, the secretary of | 37815 |
| state shall notify the board of elections of that county. The | 37816 |
| board then shall determine the offices for which the person seeks | 37817 |
| to appear as a candidate on the ballot. The board shall vote | 37818 |
| promptly to disqualify that person as a candidate for each office | 37819 |
| that would be listed on the ballot below the highest office for | 37820 |
| which that person seeks election, according to the ballot order | 37821 |
| prescribed under section 3505.03 of the Revised Code. If the | 37822 |
| person sought nomination at a primary election and has not yet | 37823 |
| been issued a certificate of nomination, the board shall not issue | 37824 |
| that certificate for that person for any office that would be | 37825 |
| listed on the ballot below the highest office for which that | 37826 |
| person seeks election, according to the ballot order prescribed | 37827 |
| under section 3505.03 of the Revised Code. | 37828 |
| (b) If one or more of the offices for which the person is | 37829 |
| seeking election is a state office or an office with a district | 37830 |
| larger than a single county and none of the offices for which the | 37831 |
| person is seeking election is a federal office, the secretary of | 37832 |
| state shall promptly investigate and determine the offices for | 37833 |
| which the person seeks to appear as a candidate on the ballot. The | 37834 |
| secretary of state shall order the board of elections of each | 37835 |
| county in which the person is seeking to appear on the ballot to | 37836 |
| disqualify that person as a candidate for each office that would | 37837 |
| be listed on the ballot below the highest office for which that | 37838 |
| person seeks election, according to the ballot order prescribed | 37839 |
| under section 3505.03 of the Revised Code. Each board of elections | 37840 |
| so notified shall vote promptly to disqualify the person as a | 37841 |
| candidate in accordance with the order of the secretary of state. | 37842 |
| If the person sought nomination at a primary election and has not | 37843 |
| yet been issued a certificate of nomination, the board shall not | 37844 |
| issue that certificate for that person for any office that would | 37845 |
| be listed on the ballot below the highest office for which that | 37846 |
| person seeks election, according to the ballot order prescribed | 37847 |
| under section 3505.03 of the Revised Code. | 37848 |
| (c) If each office or the district for each office for which | 37849 |
| the person is seeking election is wholly within a single county | 37850 |
| and any of those offices is a federal office, the secretary of | 37851 |
| state shall notify the board of elections of that county. The | 37852 |
| board then shall vote promptly to disqualify that person as a | 37853 |
| candidate for each office that is not a federal office. If the | 37854 |
| person sought nomination at a primary election and has not yet | 37855 |
| been issued a certificate of nomination, the board shall not issue | 37856 |
| that certificate for that person for any office that is not a | 37857 |
| federal office. | 37858 |
| (d) If one or more of the offices for which the person is | 37859 |
| seeking election is a state office and any of the offices for | 37860 |
| which the person is seeking election is a federal office, the | 37861 |
| secretary of state shall order the board of elections of each | 37862 |
| county in which the person is seeking to appear on the ballot to | 37863 |
| disqualify that person as a candidate for each office that is not | 37864 |
| a federal office. Each board of elections so notified shall vote | 37865 |
| promptly to disqualify the person as a candidate in accordance | 37866 |
| with the order of the secretary of state. If the person sought | 37867 |
| nomination at a primary election and has not yet been issued a | 37868 |
| certificate of nomination, the board shall not issue that | 37869 |
| certificate for that person for any office that is not a federal | 37870 |
| office. | 37871 |
| (2) If a board of elections determines, after the day of the | 37872 |
| primary election and before the day of the general election, that | 37873 |
| a person is seeking election to more than one office at that | 37874 |
| election in violation of division (A) of this section, the board | 37875 |
| of elections shall do one of the following: | 37876 |
| (a) If each office or the district for each office for which | 37877 |
| the person is seeking election is wholly within that county and | 37878 |
| none of those offices is a federal office, the board shall | 37879 |
| determine the offices for which the person seeks to appear as a | 37880 |
| candidate on the ballot. The board shall vote promptly to | 37881 |
| disqualify that person as a candidate for each office that would | 37882 |
| be listed on the ballot below the highest office for which that | 37883 |
| person seeks election, according to the ballot order prescribed | 37884 |
| under section 3505.03 of the Revised Code. If the person sought | 37885 |
| nomination at a primary election and has not yet been issued a | 37886 |
| certificate of nomination, the board shall not issue that | 37887 |
| certificate for that person for any office that would be listed on | 37888 |
| the ballot below the highest office for which that person seeks | 37889 |
| election, according to the ballot order prescribed under section | 37890 |
| 3505.03 of the Revised Code. | 37891 |
| (b) If one or more of the offices for which the person is | 37892 |
| seeking election is a state office or an office with a district | 37893 |
| larger than a single county and none of the offices for which the | 37894 |
| person is seeking election is a federal office, the board shall | 37895 |
| notify the secretary of state. The secretary of state promptly | 37896 |
| shall investigate and determine the offices for which the person | 37897 |
| seeks to appear as a candidate on the ballot. The secretary of | 37898 |
| state shall order the board of elections of each county in which | 37899 |
| the person is seeking to appear on the ballot to disqualify that | 37900 |
| person as a candidate for each office that would be listed on the | 37901 |
| ballot below the highest office for which that person seeks | 37902 |
| election, according to the ballot order prescribed under section | 37903 |
| 3505.03 of the Revised Code. Each board of elections so notified | 37904 |
| shall vote promptly to disqualify the person as a candidate in | 37905 |
| accordance with the order of the secretary of state. If the person | 37906 |
| sought nomination at a primary election and has not yet been | 37907 |
| issued a certificate of nomination, the board shall not issue that | 37908 |
| certificate for that person for any office that would be listed on | 37909 |
| the ballot below the highest office for which that person seeks | 37910 |
| election, according to the ballot order prescribed under section | 37911 |
| 3505.03 of the Revised Code. | 37912 |
| (c) If each office or the district for each office for which | 37913 |
| the person is seeking election is wholly within that county and | 37914 |
| any of those offices is a federal office, the board shall vote | 37915 |
| promptly to disqualify that person as a candidate for each office | 37916 |
| that is not a federal office. If the person sought nomination at a | 37917 |
| primary election and has not yet been issued a certificate of | 37918 |
| nomination, the board shall not issue that certificate for that | 37919 |
| person for any office that is not a federal office. | 37920 |
| (d) If one or more of the offices for which the person is | 37921 |
| seeking election is a state office and any of the offices for | 37922 |
| which the person is seeking election is a federal office, the | 37923 |
| board shall notify the secretary of state. The secretary of state | 37924 |
| shall order the board of elections of each county in which the | 37925 |
| person is seeking to appear on the ballot to disqualify that | 37926 |
| person as a candidate for each office that is not a federal | 37927 |
| office. Each board of elections so notified shall vote promptly to | 37928 |
| disqualify the person as a candidate in accordance with the order | 37929 |
| of the secretary of state. If the person sought nomination at a | 37930 |
| primary election and has not yet been issued a certificate of | 37931 |
| nomination, the board shall not issue that certificate for that | 37932 |
| person for any office that is not a federal office. | 37933 |
| (E) When a person is disqualified as a candidate under | 37934 |
| division (C) or (D) of this section, that person's name shall not | 37935 |
| appear on the ballots for any office for which that person has | 37936 |
| been disqualified as a candidate. If the ballots have already been | 37937 |
| prepared, the board of elections shall remove the name of the | 37938 |
| disqualified candidate from the ballots to the extent practicable | 37939 |
| in the time remaining before the election and according to the | 37940 |
| directions of the secretary of state. If the name is not removed | 37941 |
| from the ballots before the day of the election, the votes for the | 37942 |
| disqualified candidate are void and shall not be counted. | 37943 |
| (F) Any vacancy created by the disqualification of a person | 37944 |
| as a candidate under division (C) or (D) of this section may be | 37945 |
| filled in the manner provided for in sections 3513.30 and 3513.31 | 37946 |
| of the Revised Code. | 37947 |
| (G) Nothing in this section or section 3513.04, 3513.041, | 37948 |
| 3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257, | 37949 |
| 3513.259, or 3513.261 of the Revised Code prohibits, and the | 37950 |
| secretary of state or a board of elections shall not disqualify, a | 37951 |
| person from being a candidate for an office, if that person timely | 37952 |
| withdraws as a candidate for any offices specified in division (A) | 37953 |
| of this section for which that person first sought to become a | 37954 |
| candidate by filing a declaration of candidacy and petition, a | 37955 |
| declaration of intent to be a write-in candidate, or a nominating | 37956 |
| petition, by party nomination in a primary election, or by the | 37957 |
| filling of a vacancy under section 3513.30 or 3513.31 of the | 37958 |
| Revised Code. | 37959 |
| (H) As used in this section: | 37960 |
| (1) "State office" means the offices of governor, lieutenant | 37961 |
| governor, secretary of state, auditor of state, treasurer of | 37962 |
| state, attorney general, member of the state board of education, | 37963 |
| member of the general assembly, chief justice of the supreme | 37964 |
| court, and justice of the supreme court. | 37965 |
| (2) "Timely withdraws" means either of the following: | 37966 |
| (a) Withdrawing as a candidate before the applicable deadline | 37967 |
| for filing a declaration of candidacy, declaration of intent to be | 37968 |
| a write-in candidate, or nominating petition for the subsequent | 37969 |
| office for which the person is seeking to become a candidate at | 37970 |
| the same election; | 37971 |
| (b) Withdrawing as a candidate before the applicable deadline | 37972 |
| for the filling of a vacancy under section 3513.30 or 3513.31 of | 37973 |
| the Revised Code, if the person is seeking to become a candidate | 37974 |
| for a subsequent office at the same election under either of those | 37975 |
| sections. | 37976 |
| Sec. 3513.257. Each person desiring to become an independent | 37977 |
| candidate for an office for which candidates may be nominated at a | 37978 |
| primary election, except persons desiring to become independent | 37979 |
| joint candidates for the offices of governor and lieutenant | 37980 |
| governor and for the offices of president and vice-president of | 37981 |
| the United States, shall file no later than four p.m. of the day | 37982 |
| before the day of the primary election immediately preceding the | 37983 |
| general election at which such candidacy is to be voted for by the | 37984 |
| voters, a statement of candidacy and nominating petition as | 37985 |
| provided in section 3513.261 of the Revised Code. Persons desiring | 37986 |
| to become independent joint candidates for the offices of governor | 37987 |
| and lieutenant governor shall file, not later than four p.m. of | 37988 |
| the day before the day of the primary election, one statement of | 37989 |
| candidacy and one nominating petition for the two of them. Persons | 37990 |
| desiring to become independent joint candidates for the offices of | 37991 |
| president and vice-president of the United States shall file, not | 37992 |
| later than four p.m. of the seventy-fifth day before the day of | 37993 |
| the general election at which the president and vice-president are | 37994 |
| to be elected, one statement of candidacy and one nominating | 37995 |
| petition for the two of them. The prospective independent joint | 37996 |
| candidates' statement of candidacy shall be filed with the | 37997 |
| nominating petition as one instrument. | 37998 |
| The statement of candidacy and separate petition papers of | 37999 |
| each candidate or pair of joint candidates shall be filed at the | 38000 |
| same time as one instrument. | 38001 |
| The nominating petition shall contain signatures of qualified | 38002 |
| electors of the district, political subdivision, or portion of a | 38003 |
| political subdivision in which the candidacy is to be voted on in | 38004 |
| an amount to be determined as follows: | 38005 |
| (A) If the candidacy is to be voted on by electors throughout | 38006 |
| the entire state, the nominating petition, including the | 38007 |
| nominating petition of independent joint candidates for the | 38008 |
| offices of governor and lieutenant governor, shall be signed by no | 38009 |
| less than five thousand qualified electors, provided that no | 38010 |
| petition shall be accepted for filing if it purports to contain | 38011 |
| more than fifteen thousand signatures. | 38012 |
| (B) If the candidacy is to be voted on by electors in any | 38013 |
| district, political subdivision, or part thereof in which less | 38014 |
| than five thousand electors voted for the office of governor at | 38015 |
| the most recent election for that office, the nominating petition | 38016 |
| shall contain signatures of not less than twenty-five qualified | 38017 |
| electors of the district, political subdivision, or part thereof, | 38018 |
| or a number of qualified signatures equal to at least five per | 38019 |
| cent of that vote, if this number is less than twenty-five. | 38020 |
| (C) If the candidacy is to be voted on by electors in any | 38021 |
| district, political subdivision, or part thereof in which five | 38022 |
| thousand or more electors voted for the office of governor at the | 38023 |
| most recent election for that office, the nominating petition | 38024 |
| shall contain a number of signatures equal to at least one per | 38025 |
| cent of those electors. | 38026 |
| All nominating petitions of candidates for offices to be | 38027 |
| voted on by electors throughout the entire state shall be filed in | 38028 |
| the office of the secretary of state. No nominating petition for | 38029 |
| the offices of president and vice-president of the United States | 38030 |
| shall be accepted for filing unless there is submitted to the | 38031 |
| secretary of state, at the time of filing the petition, a slate of | 38032 |
| presidential electors sufficient in number to satisfy the | 38033 |
| requirement of the United States Constitution. The secretary of | 38034 |
| state shall not accept for filing the statement of candidacy of a | 38035 |
| person who desires to be an independent candidate for the office | 38036 |
| of governor unless it also shows the joint candidacy of a person | 38037 |
| who desires to be an independent candidate for the office of | 38038 |
| lieutenant governor, shall not accept for filing the statement of | 38039 |
| candidacy of a person who desires to be an independent candidate | 38040 |
| for the office of lieutenant governor unless it also shows the | 38041 |
| joint candidacy of a person who desires to be an independent | 38042 |
| candidate for the office of governor, and shall not accept for | 38043 |
| filing the statement of candidacy of a person who desires to be an | 38044 |
| independent candidate to the office of governor or lieutenant | 38045 |
| governor who, for the same election, has already filed a | 38046 |
| declaration of candidacy, a declaration of intent to be a write-in | 38047 |
| candidate, or a statement of candidacy, or has become a candidate | 38048 |
| by the filling of a vacancy under section 3513.30 of the Revised | 38049 |
| Code for any other state office or any federal or county office. | 38050 |
| Nominating petitions of candidates for offices to be voted on | 38051 |
| by electors within a district or political subdivision comprised | 38052 |
| of more than one county but less than all counties of the state | 38053 |
| shall be filed with the boards of elections of that county or part | 38054 |
| of a county within the district or political subdivision which had | 38055 |
| a population greater than that of any other county or part of a | 38056 |
| county within the district or political subdivision according to | 38057 |
| the last federal decennial census. | 38058 |
| Nominating petitions for offices to be voted on by electors | 38059 |
| within a county or district smaller than a county shall be filed | 38060 |
| with the board of elections for such county. | 38061 |
| No petition other than the petition of a candidate whose | 38062 |
| candidacy is to be considered by electors throughout the entire | 38063 |
| state shall be accepted for filing if it appears on its face to | 38064 |
| contain more than three times the minimum required number of | 38065 |
| signatures. A board of elections shall not accept for filing a | 38066 |
| nominating petition of a person seeking to become a candidate if | 38067 |
| that person, for the same election, has already filed a | 38068 |
| declaration of candidacy, a declaration of intent to be a write-in | 38069 |
| candidate, or a nominating petition, or has become a candidate by | 38070 |
| the filling of a vacancy under section 3513.30 of the Revised Code | 38071 |
| for any federal, state, or county office, if the nominating | 38072 |
| petition is for a state or county office, or for any municipal or | 38073 |
| township office, for member of a city, local, or exempted village | 38074 |
| board of education, or for member of a governing board of an | 38075 |
| educational service center, if the nominating petition is for a | 38076 |
| municipal or township office, or for member of a city, local, or | 38077 |
| exempted village board of education, or for member of a governing | 38078 |
| board of an educational service center. When a petition of a | 38079 |
| candidate has been accepted for filing by a board of elections, | 38080 |
| the petition shall not be deemed invalid if, upon verification of | 38081 |
| signatures contained in the petition, the board of elections finds | 38082 |
| the number of signatures accepted exceeds three times the minimum | 38083 |
| number of signatures required. A board of elections may | 38084 |
| discontinue verifying signatures when the number of verified | 38085 |
| signatures on a petition equals the minimum required number of | 38086 |
| qualified signatures. | 38087 |
| Any nonjudicial candidate who files a nominating petition may | 38088 |
| request, at the time of filing, that the candidate be designated | 38089 |
| on the ballot as a nonparty candidate or as an other-party | 38090 |
| candidate, or may request that the candidate's name be placed on | 38091 |
| the ballot without any designation. Any such candidate who fails | 38092 |
| to request a designation either as a nonparty candidate or as an | 38093 |
| other-party candidate shall have the candidate's name placed on | 38094 |
| the ballot without any designation. | 38095 |
| The purpose of establishing a filing deadline for independent | 38096 |
| candidates prior to the primary election immediately preceding the | 38097 |
| general election at which the candidacy is to be voted on by the | 38098 |
| voters is to recognize that the state has a substantial and | 38099 |
| compelling interest in protecting its electoral process by | 38100 |
| encouraging political stability, ensuring that the winner of the | 38101 |
| election will represent a majority of the community, providing the | 38102 |
| electorate with an understandable ballot, and enhancing voter | 38103 |
| education, thus fostering informed and educated expressions of the | 38104 |
| popular will in a general election. The filing deadline for | 38105 |
| independent candidates required in this section prevents | 38106 |
| splintered parties and unrestrained factionalism, avoids political | 38107 |
| fragmentation, and maintains the integrity of the ballot. The | 38108 |
| deadline, one day prior to the primary election, is the least | 38109 |
| drastic or restrictive means of protecting these state interests. | 38110 |
| The general assembly finds that the filing deadline for | 38111 |
| independent candidates in primary elections required in this | 38112 |
| section is reasonably related to the state's purpose of ensuring | 38113 |
| fair and honest elections while leaving unimpaired the political, | 38114 |
| voting, and associational rights secured by the first and | 38115 |
| fourteenth amendments to the United States Constitution. | 38116 |
| Sec. 3513.259. Nominations of candidates for the office of | 38117 |
| member of the state board of education shall be made only by | 38118 |
| nominating petition. The nominating petition of a candidate for | 38119 |
| the office of member of the state board of education shall be | 38120 |
| signed by not less than one hundred qualified electors. | 38121 |
| No such nominating petition shall be accepted for filing if | 38122 |
| it appears on its face to contain signatures aggregating in number | 38123 |
| more than three times the minimum number of signatures required by | 38124 |
| this section. A board of elections shall not accept for filing a | 38125 |
| nominating petition of a person if that person, for the same | 38126 |
| election, has already filed a declaration of candidacy, a | 38127 |
| declaration of intent to be a write-in candidate, or a nominating | 38128 |
| petition, or has become a candidate through party nomination at a | 38129 |
| primary election or by the filling of a vacancy under section | 38130 |
| 3513.30 or 3513.31 of the Revised Code, to be a candidate for any | 38131 |
| other state office or any federal or county office. When a | 38132 |
| petition of a candidate has been accepted for filing by a board of | 38133 |
| elections, the petition shall not be deemed invalid if, upon | 38134 |
| verification of signatures contained in the petition, the board of | 38135 |
| elections finds the number of signatures accepted exceeds three | 38136 |
| times the minimum number of signatures required. A board of | 38137 |
| elections may discontinue verifying signatures when the number of | 38138 |
| verified signatures equals the minimum required number of | 38139 |
| signatures. Such petition shall be filed with the board of | 38140 |
| elections of the most populous county in such district not later | 38141 |
| than four p.m. of the seventy-fifth day before the day of the | 38142 |
| general election at which state board of education members are | 38143 |
| elected. | 38144 |
| Each nominating petition shall be signed by qualified | 38145 |
| electors residing in the district in which the candidate | 38146 |
| designated therein would be a candidate for election to the office | 38147 |
| of member of the state board of education. Each candidate shall be | 38148 |
| a qualified elector residing in the district in which the | 38149 |
| candidate seeks election to such office. | 38150 |
| As the word "district" is used in this section, it refers to | 38151 |
| a district created under section 3301.01 of the Revised Code. | 38152 |
| Sec. 3513.261. A nominating petition may consist of one or | 38153 |
| more separate petition papers, each of which shall be | 38154 |
| substantially in the form prescribed in this section. If the | 38155 |
| petition consists of more than one separate petition paper, the | 38156 |
| statement of candidacy of the candidate or joint candidates named | 38157 |
| need be signed by the candidate or joint candidates on only one of | 38158 |
| such separate petition papers, but the statement of candidacy so | 38159 |
| signed shall be copied on each other separate petition paper | 38160 |
| before the signatures of electors are placed on it. Each | 38161 |
| nominating petition containing signatures of electors of more than | 38162 |
| one county shall consist of separate petition papers each of which | 38163 |
| shall contain signatures of electors of only one county; provided | 38164 |
| that petitions containing signatures of electors of more than one | 38165 |
| county shall not thereby be declared invalid. In case petitions | 38166 |
| containing signatures of electors of more than one county are | 38167 |
| filed, the board of elections shall determine the county from | 38168 |
| which the majority of the signatures came, and only signatures | 38169 |
| from this county shall be counted. Signatures from any other | 38170 |
| county shall be invalid. | 38171 |
| All signatures on nominating petitions shall be written in | 38172 |
| ink or indelible pencil. | 38173 |
| At the time of filing a nominating petition, the candidate | 38174 |
| designated in the nominating petition, and joint candidates for | 38175 |
| governor and lieutenant governor, shall pay to the election | 38176 |
| officials with whom it is filed the fees specified for the office | 38177 |
| under divisions (A) and (B) of section 3513.10 of the Revised | 38178 |
| Code. The fees shall be disposed of by those election officials in | 38179 |
| the manner that is provided in section 3513.10 of the Revised Code | 38180 |
| for the disposition of other fees, and in no case shall a fee | 38181 |
| required under that section be returned to a candidate. | 38182 |
| Candidates or joint candidates whose names are written on the | 38183 |
| ballot, and who are elected, shall pay the same fees under section | 38184 |
| 3513.10 of the Revised Code that candidates who file nominating | 38185 |
| petitions pay. Payment of these fees shall be a condition | 38186 |
| precedent to the granting of their certificates of election. | 38187 |
| Each nominating petition shall contain a statement of | 38188 |
| candidacy that shall be signed by the candidate or joint | 38189 |
| candidates named in it. Such statement of candidacy shall contain | 38190 |
| a declaration made under penalty of election falsification that | 38191 |
| the candidate desires to be a candidate for the office named in | 38192 |
| it, and that the candidate is an elector qualified to vote for the | 38193 |
| office the candidate seeks. | 38194 |
| The form of the nominating petition and statement of | 38195 |
| candidacy shall be substantially as follows: | 38196 |
| 38197 |
| I, ................................... (Name of candidate), | 38198 |
| the undersigned, hereby declare under penalty of election | 38199 |
| falsification that my voting residence is in ................ | 38200 |
| .......... Precinct of the ......................... (Township) or | 38201 |
| (Ward and City, or Village) in the county of ............... Ohio; | 38202 |
| that my post-office address is ............................ | 38203 |
| (Street and Number, if any, or Rural Route and Number) of the | 38204 |
| ............................... (City, Village, or post office) of | 38205 |
| ...................., Ohio; and that I am a qualified elector in | 38206 |
| the precinct in which my voting residence is located. I hereby | 38207 |
| declare that I desire to be a candidate for election to the office | 38208 |
| of .............. in the ........................ (State, | 38209 |
| District, County, City, Village, Township, or School District) for | 38210 |
| the ...................................... (Full term or unexpired | 38211 |
| term ending ................) at the General Election to be held | 38212 |
| on the ........... day of ..............., .... | 38213 |
| I further declare that I am an elector qualified to vote for | 38214 |
| the office I seek. Dated this ....... day of .............., .... | 38215 |
| 38216 | |||
| (Signature of candidate) | 38217 |
| WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY | 38218 |
| OF THE FIFTH DEGREE. | 38219 |
| I, ................................., hereby constitute the | 38220 |
| persons named below a committee to represent me: | 38221 |
| Name | Residence | 38222 |
| 38223 | |
| 38224 | |
| 38225 | |
| 38226 | |
| 38227 |
| 38228 |
| We, the undersigned, qualified electors of the state of Ohio, | 38229 |
| whose voting residence is in the County, City, Village, Ward, | 38230 |
| Township or Precinct set opposite our names, hereby nominate | 38231 |
| .................... as a candidate for election to the office of | 38232 |
| ........................... in the ............................ | 38233 |
| (State, District, County, City, Village, Township, or School | 38234 |
| District) for the ................. (Full term or unexpired term | 38235 |
| ending ...................) to be voted for at the general | 38236 |
| election next hereafter to be held, and certify that this person | 38237 |
| is, in our opinion, well qualified to perform the duties of the | 38238 |
| office or position to which the person desires to be elected. | 38239 |
| 38240 | ||||||||
| Street | 38241 | |||||||
| Address | 38242 | |||||||
| or R.F.D. | 38243 | |||||||
| (Must use | 38244 | |||||||
| address on | City, | 38245 | ||||||
| file with | Village | 38246 | ||||||
| the board of | or | Date of | 38247 | |||||
| Signature | elections) | Township | Ward | Precinct | County | Signing | 38248 | |
| 38249 | ||||||||
| 38250 | ||||||||
| 38251 | ||||||||
| 38252 |
| ..........................., declares under penalty of election | 38253 |
| falsification that such person is a qualified elector of the state | 38254 |
| of Ohio and resides at the address appearing below such person's | 38255 |
| signature hereto; that such person is the circulator of the | 38256 |
| foregoing petition paper containing ................ signatures; | 38257 |
| that such person witnessed the affixing of every signature; that | 38258 |
| all signers were to the best of such person's knowledge and belief | 38259 |
| qualified to sign; and that every signature is to the best of such | 38260 |
| person's knowledge and belief the signature of the person whose | 38261 |
| signature it purports to be. | 38262 |
| 38263 | |||
| (Signature of circulator) | 38264 | ||
| 38265 | |||
| (Address) | 38266 | ||
| 38267 | |||
| (If petition is for a statewide | 38268 | ||
| candidate, the name and address | 38269 | ||
| of person employing circulator | 38270 | ||
| to circulate petition, if any) | 38271 |
| WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY | 38272 |
| OF THE FIFTH DEGREE." | 38273 |
| The secretary of state shall prescribe a form of nominating | 38274 |
| petition for a group of candidates for the office of member of a | 38275 |
| board of education, township office, and offices of municipal | 38276 |
| corporations of under two thousand population. | 38277 |
| The secretary of state shall prescribe a form of statement of | 38278 |
| candidacy and nominating petition, which shall be substantially | 38279 |
| similar to the form of statement of candidacy and nominating | 38280 |
| petition set forth in this section, that will be suitable for | 38281 |
| joint candidates for the offices of governor and lieutenant | 38282 |
| governor. | 38283 |
| If such petition nominates a candidate whose election is to | 38284 |
| be determined by the electors of a county or a district or | 38285 |
| subdivision within the county, it shall be filed with the board of | 38286 |
| such county. If the petition nominates a candidate whose election | 38287 |
| is to be determined by the voters of a subdivision located in more | 38288 |
| than one county, it shall be filed with the board of the county in | 38289 |
| which the major portion of the population of such subdivision is | 38290 |
| located. | 38291 |
| If the petition nominates a candidate whose election is to be | 38292 |
| determined by the electors of a district comprised of more than | 38293 |
| one county but less than all of the counties of the state, it | 38294 |
| shall be filed with the board of elections of the most populous | 38295 |
| county in such district. If the petition nominates a candidate | 38296 |
| whose election is to be determined by the electors of the state at | 38297 |
| large, it shall be filed with the secretary of state. | 38298 |
| The secretary of state or a board of elections shall not | 38299 |
| accept for filing a nominating petition of a person seeking to | 38300 |
| become a candidate if that person, for the same election, has | 38301 |
| already filed a declaration of candidacy, a declaration of intent | 38302 |
| to be a write-in candidate, or a nominating petition, or has | 38303 |
| become a candidate through party nomination at a primary election | 38304 |
| or by the filling of a vacancy under section 3513.30 or 3513.31 of | 38305 |
| the Revised Code for any federal, state, or county office, if the | 38306 |
| nominating petition is for a state or county office, or for any | 38307 |
| municipal or township office, for member of a city, local, or | 38308 |
| exempted village board of education, or for member of a governing | 38309 |
| board of an educational service center, if the nominating petition | 38310 |
| is for a municipal or township office, or for member of a city, | 38311 |
| local, or exempted village board of education, or for member of a | 38312 |
| governing board of an educational service center. | 38313 |
| Sec. 3517.13. (A)(1) No campaign committee of a statewide | 38314 |
| candidate shall fail to file a complete and accurate statement | 38315 |
| required under division (A)(1) of section 3517.10 of the Revised | 38316 |
| Code. | 38317 |
| (2) No campaign committee of a statewide candidate shall fail | 38318 |
| to file a complete and accurate monthly statement, and no campaign | 38319 |
| committee of a statewide candidate or a candidate for the office | 38320 |
| of chief justice or justice of the supreme court shall fail to | 38321 |
| file a complete and accurate two-business-day statement, as | 38322 |
| required under section 3517.10 of the Revised Code. | 38323 |
| As used in this division, "statewide candidate" has the same | 38324 |
| meaning as in division (F)(2) of section 3517.10 of the Revised | 38325 |
| Code. | 38326 |
| (B) No campaign committee shall fail to file a complete and | 38327 |
| accurate statement required under division (A)(1) of section | 38328 |
| 3517.10 of the Revised Code. | 38329 |
| (C) No campaign committee shall fail to file a complete and | 38330 |
| accurate statement required under division (A)(2) of section | 38331 |
| 3517.10 of the Revised Code. | 38332 |
| (D) No campaign committee shall fail to file a complete and | 38333 |
| accurate statement required under division (A)(3) or (4) of | 38334 |
| section 3517.10 of the Revised Code. | 38335 |
| (E) No person other than a campaign committee shall knowingly | 38336 |
| fail to file a statement required under section 3517.10 or | 38337 |
| 3517.107 of the Revised Code. | 38338 |
| (F) No person shall make cash contributions to any person | 38339 |
| totaling more than one hundred dollars in each primary, special, | 38340 |
| or general election. | 38341 |
| (G)(1) No person shall knowingly conceal or misrepresent | 38342 |
| contributions given or received, expenditures made, or any other | 38343 |
| information required to be reported by a provision in sections | 38344 |
| 3517.08 to 3517.13 and 3517.17 of the Revised Code. | 38345 |
| (2)(a) No person shall make a contribution to a campaign | 38346 |
| committee, political action committee, political contributing | 38347 |
| entity, legislative campaign fund, political party, or person | 38348 |
| making disbursements to pay the direct costs of producing or | 38349 |
| airing electioneering communications in the name of another | 38350 |
| person. | 38351 |
| (b) A person does not make a contribution in the name of | 38352 |
| another when either of the following applies: | 38353 |
| (i) An individual makes a contribution from a partnership or | 38354 |
| other unincorporated business account, if the contribution is | 38355 |
| reported by listing both the name of the partnership or other | 38356 |
| unincorporated business and the name of the partner or owner | 38357 |
| making the contribution as required under division (I) of section | 38358 |
| 3517.10 of the Revised Code. | 38359 |
| (ii) A person makes a contribution in that person's spouse's | 38360 |
| name or in both of their names. | 38361 |
| (H) No person within this state, publishing a newspaper or | 38362 |
| other periodical, shall charge a campaign committee for political | 38363 |
| advertising a rate in excess of the rate such person would charge | 38364 |
| if the campaign committee were a general rate advertiser whose | 38365 |
| advertising was directed to promoting its business within the same | 38366 |
| area as that encompassed by the particular office that the | 38367 |
| candidate of the campaign committee is seeking. The rate shall | 38368 |
| take into account the amount of space used, as well as the type of | 38369 |
| advertising copy submitted by or on behalf of the campaign | 38370 |
| committee. All discount privileges otherwise offered by a | 38371 |
| newspaper or periodical to general rate advertisers shall be | 38372 |
| available upon equal terms to all campaign committees. | 38373 |
| No person within this state, operating a radio or television | 38374 |
| station or network of stations in this state, shall charge a | 38375 |
| campaign committee for political broadcasts a rate that exceeds: | 38376 |
| (1) During the forty-five days preceding the date of a | 38377 |
| primary election and during the sixty days preceding the date of a | 38378 |
| general or special election in which the candidate of the campaign | 38379 |
| committee is seeking office, the lowest unit charge of the station | 38380 |
| for the same class and amount of time for the same period; | 38381 |
| (2) At any other time, the charges made for comparable use of | 38382 |
| that station by its other users. | 38383 |
| (I) Subject to divisions (K), (L), (M), and (N) of this | 38384 |
| section, no agency or department of this state or any political | 38385 |
| subdivision shall award any contract, other than one let by | 38386 |
| competitive bidding or a contract incidental to such contract or | 38387 |
| which is by force account, for the purchase of goods costing more | 38388 |
| than five hundred dollars or services costing more than five | 38389 |
| hundred dollars to any individual, partnership, association, | 38390 |
| including, without limitation, a professional association | 38391 |
| organized under Chapter 1785. of the Revised Code, estate, or | 38392 |
| trust if the individual has made or the individual's spouse has | 38393 |
| made, or any partner, shareholder, administrator, executor, or | 38394 |
| trustee or the spouse of any of them has made, as an individual, | 38395 |
| within the two previous calendar years, one or more contributions | 38396 |
| totaling in excess of one thousand dollars to the holder of the | 38397 |
| public office having ultimate responsibility for the award of the | 38398 |
| contract or to the public officer's campaign committee. | 38399 |
| (J) Subject to divisions (K), (L), (M), and (N) of this | 38400 |
| section, no agency or department of this state or any political | 38401 |
| subdivision shall award any contract, other than one let by | 38402 |
| competitive bidding or a contract incidental to such contract or | 38403 |
| which is by force account, for the purchase of goods costing more | 38404 |
| than five hundred dollars or services costing more than five | 38405 |
| hundred dollars to a corporation or business trust, except a | 38406 |
| professional association organized under Chapter 1785. of the | 38407 |
| Revised Code, if an owner of more than twenty per cent of the | 38408 |
| corporation or business trust or the spouse of that person has | 38409 |
| made, as an individual, within the two previous calendar years, | 38410 |
| taking into consideration only owners for all of that period, one | 38411 |
| or more contributions totaling in excess of one thousand dollars | 38412 |
| to the holder of a public office having ultimate responsibility | 38413 |
| for the award of the contract or to the public officer's campaign | 38414 |
| committee. | 38415 |
| (K) For purposes of divisions (I) and (J) of this section, if | 38416 |
| a public officer who is responsible for the award of a contract is | 38417 |
| appointed by the governor, whether or not the appointment is | 38418 |
| subject to the advice and consent of the senate, excluding members | 38419 |
| of boards, commissions, committees, authorities, councils, boards | 38420 |
| of trustees, task forces, and other such entities appointed by the | 38421 |
| governor, the office of the governor is considered to have | 38422 |
| ultimate responsibility for the award of the contract. | 38423 |
| (L) For purposes of divisions (I) and (J) of this section, if | 38424 |
| a public officer who is responsible for the award of a contract is | 38425 |
| appointed by the elected chief executive officer of a municipal | 38426 |
| corporation, or appointed by the elected chief executive officer | 38427 |
| of a county operating under an alternative form of county | 38428 |
| government or county charter, excluding members of boards, | 38429 |
| commissions, committees, authorities, councils, boards of | 38430 |
| trustees, task forces, and other such entities appointed by the | 38431 |
| chief executive officer, the office of the chief executive officer | 38432 |
| is considered to have ultimate responsibility for the award of the | 38433 |
| contract. | 38434 |
| (M)(1) Divisions (I) and (J) of this section do not apply to | 38435 |
| contracts awarded by the board of commissioners of the sinking | 38436 |
| fund, municipal legislative authorities, boards of education, | 38437 |
| boards of county commissioners, boards of township trustees, or | 38438 |
| other boards, commissions, committees, authorities, councils, | 38439 |
| boards of trustees, task forces, and other such entities created | 38440 |
| by law, by the supreme court or courts of appeals, by county | 38441 |
| courts consisting of more than one judge, courts of common pleas | 38442 |
| consisting of more than one judge, or municipal courts consisting | 38443 |
| of more than one judge, or by a division of any court if the | 38444 |
| division consists of more than one judge. This division shall | 38445 |
| apply to the specified entity only if the members of the entity | 38446 |
| act collectively in the award of a contract for goods or services. | 38447 |
| (2) Divisions (I) and (J) of this section do not apply to | 38448 |
| actions of the controlling board. | 38449 |
| (N)(1) Divisions (I) and (J) of this section apply to | 38450 |
| contributions made to the holder of a public office having | 38451 |
| ultimate responsibility for the award of a contract, or to the | 38452 |
| public officer's campaign committee, during the time the person | 38453 |
| holds the office and during any time such person was a candidate | 38454 |
| for the office. Those divisions do not apply to contributions made | 38455 |
| to, or to the campaign committee of, a candidate for or holder of | 38456 |
| the office other than the holder of the office at the time of the | 38457 |
| award of the contract. | 38458 |
| (2) Divisions (I) and (J) of this section do not apply to | 38459 |
| contributions of a partner, shareholder, administrator, executor, | 38460 |
| trustee, or owner of more than twenty per cent of a corporation or | 38461 |
| business trust made before the person held any of those positions | 38462 |
| or after the person ceased to hold any of those positions in the | 38463 |
| partnership, association, estate, trust, corporation, or business | 38464 |
| trust whose eligibility to be awarded a contract is being | 38465 |
| determined, nor to contributions of the person's spouse made | 38466 |
| before the person held any of those positions, after the person | 38467 |
| ceased to hold any of those positions, before the two were | 38468 |
| married, after the granting of a decree of divorce, dissolution of | 38469 |
| marriage, or annulment, or after the granting of an order in an | 38470 |
| action brought solely for legal separation. Those divisions do not | 38471 |
| apply to contributions of the spouse of an individual whose | 38472 |
| eligibility to be awarded a contract is being determined made | 38473 |
| before the two were married, after the granting of a decree of | 38474 |
| divorce, dissolution of marriage, or annulment, or after the | 38475 |
| granting of an order in an action brought solely for legal | 38476 |
| separation. | 38477 |
| (O) No beneficiary of a campaign fund or other person shall | 38478 |
| convert for personal use, and no person shall knowingly give to a | 38479 |
| beneficiary of a campaign fund or any other person, for the | 38480 |
| beneficiary's or any other person's personal use, anything of | 38481 |
| value from the beneficiary's campaign fund, including, without | 38482 |
| limitation, payments to a beneficiary for services the beneficiary | 38483 |
| personally performs, except as reimbursement for any of the | 38484 |
| following: | 38485 |
| (1) Legitimate and verifiable prior campaign expenses | 38486 |
| incurred by the beneficiary; | 38487 |
| (2) Legitimate and verifiable ordinary and necessary prior | 38488 |
| expenses incurred by the beneficiary in connection with duties as | 38489 |
| the holder of a public office, including, without limitation, | 38490 |
| expenses incurred through participation in nonpartisan or | 38491 |
| bipartisan events if the participation of the holder of a public | 38492 |
| office would normally be expected; | 38493 |
| (3) Legitimate and verifiable ordinary and necessary prior | 38494 |
| expenses incurred by the beneficiary while doing any of the | 38495 |
| following: | 38496 |
| (a) Engaging in activities in support of or opposition to a | 38497 |
| candidate other than the beneficiary, political party, or ballot | 38498 |
| issue; | 38499 |
| (b) Raising funds for a political party, political action | 38500 |
| committee, political contributing entity, legislative campaign | 38501 |
| fund, campaign committee, or other candidate; | 38502 |
| (c) Participating in the activities of a political party, | 38503 |
| political action committee, political contributing entity, | 38504 |
| legislative campaign fund, or campaign committee; | 38505 |
| (d) Attending a political party convention or other political | 38506 |
| meeting. | 38507 |
| For purposes of this division, an expense is incurred | 38508 |
| whenever a beneficiary has either made payment or is obligated to | 38509 |
| make payment, as by the use of a credit card or other credit | 38510 |
| procedure or by the use of goods or services received on account. | 38511 |
| (P) No beneficiary of a campaign fund shall knowingly accept, | 38512 |
| and no person shall knowingly give to the beneficiary of a | 38513 |
| campaign fund, reimbursement for an expense under division (O) of | 38514 |
| this section to the extent that the expense previously was | 38515 |
| reimbursed or paid from another source of funds. If an expense is | 38516 |
| reimbursed under division (O) of this section and is later paid or | 38517 |
| reimbursed, wholly or in part, from another source of funds, the | 38518 |
| beneficiary shall repay the reimbursement received under division | 38519 |
| (O) of this section to the extent of the payment made or | 38520 |
| reimbursement received from the other source. | 38521 |
| (Q) No candidate or public official or employee shall accept | 38522 |
| for personal or business use anything of value from a political | 38523 |
| party, political action committee, political contributing entity, | 38524 |
| legislative campaign fund, or campaign committee other than the | 38525 |
| candidate's or public official's or employee's own campaign | 38526 |
| committee, and no person shall knowingly give to a candidate or | 38527 |
| public official or employee anything of value from a political | 38528 |
| party, political action committee, political contributing entity, | 38529 |
| legislative campaign fund, or such a campaign committee, except | 38530 |
| for the following: | 38531 |
| (1) Reimbursement for legitimate and verifiable ordinary and | 38532 |
| necessary prior expenses not otherwise prohibited by law incurred | 38533 |
| by the candidate or public official or employee while engaged in | 38534 |
| any legitimate activity of the political party, political action | 38535 |
| committee, political contributing entity, legislative campaign | 38536 |
| fund, or such campaign committee. Without limitation, reimbursable | 38537 |
| expenses under this division include those incurred while doing | 38538 |
| any of the following: | 38539 |
| (a) Engaging in activities in support of or opposition to | 38540 |
| another candidate, political party, or ballot issue; | 38541 |
| (b) Raising funds for a political party, legislative campaign | 38542 |
| fund, campaign committee, or another candidate; | 38543 |
| (c) Attending a political party convention or other political | 38544 |
| meeting. | 38545 |
| (2) Compensation not otherwise prohibited by law for actual | 38546 |
| and valuable personal services rendered under a written contract | 38547 |
| to the political party, political action committee, political | 38548 |
| contributing entity, legislative campaign fund, or such campaign | 38549 |
| committee for any legitimate activity of the political party, | 38550 |
| political action committee, political contributing entity, | 38551 |
| legislative campaign fund, or such campaign committee. | 38552 |
| Reimbursable expenses under this division do not include, and | 38553 |
| it is a violation of this division for a candidate or public | 38554 |
| official or employee to accept, or for any person to knowingly | 38555 |
| give to a candidate or public official or employee from a | 38556 |
| political party, political action committee, political | 38557 |
| contributing entity, legislative campaign fund, or campaign | 38558 |
| committee other than the candidate's or public official's or | 38559 |
| employee's own campaign committee, anything of value for | 38560 |
| activities primarily related to the candidate's or public | 38561 |
| official's or employee's own campaign for election, except for | 38562 |
| contributions to the candidate's or public official's or | 38563 |
| employee's campaign committee. | 38564 |
| For purposes of this division, an expense is incurred | 38565 |
| whenever a candidate or public official or employee has either | 38566 |
| made payment or is obligated to make payment, as by the use of a | 38567 |
| credit card or other credit procedure, or by the use of goods or | 38568 |
| services on account. | 38569 |
| (R)(1) Division (O) or (P) of this section does not prohibit | 38570 |
| a campaign committee from making direct advance or post payment | 38571 |
| from contributions to vendors for goods and services for which | 38572 |
| reimbursement is permitted under division (O) of this section, | 38573 |
| except that no campaign committee shall pay its candidate or other | 38574 |
| beneficiary for services personally performed by the candidate or | 38575 |
| other beneficiary. | 38576 |
| (2) If any expense that may be reimbursed under division (O), | 38577 |
| (P), or (Q) of this section is part of other expenses that may not | 38578 |
| be paid or reimbursed, the separation of the two types of expenses | 38579 |
| for the purpose of allocating for payment or reimbursement those | 38580 |
| expenses that may be paid or reimbursed may be by any reasonable | 38581 |
| accounting method, considering all of the surrounding | 38582 |
| circumstances. | 38583 |
| (3) For purposes of divisions (O), (P), and (Q) of this | 38584 |
| section, mileage allowance at a rate not greater than that allowed | 38585 |
| by the internal revenue service at the time the travel occurs may | 38586 |
| be paid instead of reimbursement for actual travel expenses | 38587 |
| allowable. | 38588 |
| (S)(1) As used in division (S) of this section: | 38589 |
| (a) "State elective office" has the same meaning as in | 38590 |
| section 3517.092 of the Revised Code. | 38591 |
| (b) "Federal office" means a federal office as defined in the | 38592 |
| Federal Election Campaign Act. | 38593 |
| (c) "Federal campaign committee" means a principal campaign | 38594 |
| committee or authorized committee as defined in the Federal | 38595 |
| Election Campaign Act. | 38596 |
| (2) No person who is a candidate for state elective office | 38597 |
| and who previously sought nomination or election to a federal | 38598 |
| office shall transfer any funds or assets from that person's | 38599 |
| federal campaign committee for nomination or election to the | 38600 |
| federal office to that person's campaign committee as a candidate | 38601 |
| for state elective office. | 38602 |
| (3) No campaign committee of a person who is a candidate for | 38603 |
| state elective office and who previously sought nomination or | 38604 |
| election to a federal office shall accept any funds or assets from | 38605 |
| that person's federal campaign committee for that person's | 38606 |
| nomination or election to the federal office. | 38607 |
| (T)(1) Except as otherwise provided in division (B)(6)(c) of | 38608 |
| section 3517.102 of the Revised Code, a state or county political | 38609 |
| party shall not disburse moneys from any account other than a | 38610 |
| state candidate fund to make contributions to any of the | 38611 |
| following: | 38612 |
| (a) A state candidate fund; | 38613 |
| (b) A legislative campaign fund; | 38614 |
| (c) A campaign committee of a candidate for the office of | 38615 |
| governor, lieutenant governor, secretary of state, auditor of | 38616 |
| state, treasurer of state, attorney general, member of the state | 38617 |
| board of education, or member of the general assembly. | 38618 |
| (2) No state candidate fund, legislative campaign fund, or | 38619 |
| campaign committee of a candidate for any office described in | 38620 |
| division (T)(1)(c) of this section shall knowingly accept a | 38621 |
| contribution in violation of division (T)(1) of this section. | 38622 |
| (U) No person shall fail to file the statement required under | 38623 |
| section 3517.12 of the Revised Code. | 38624 |
| (V) No campaign committee shall fail to file a statement | 38625 |
| required under division (K)(3) of section 3517.10 of the Revised | 38626 |
| Code. | 38627 |
| (W)(1) No foreign national shall, directly or indirectly | 38628 |
| through any other person or entity, make a contribution, | 38629 |
| expenditure, or independent expenditure or promise, either | 38630 |
| expressly or implicitly, to make a contribution, expenditure, or | 38631 |
| independent expenditure in support of or opposition to a candidate | 38632 |
| for any elective office in this state, including an office of a | 38633 |
| political party. | 38634 |
| (2) No candidate, campaign committee, political action | 38635 |
| committee, political contributing entity, legislative campaign | 38636 |
| fund, state candidate fund, political party, or separate | 38637 |
| segregated fund shall solicit or accept a contribution, | 38638 |
| expenditure, or independent expenditure from a foreign national. | 38639 |
| The secretary of state may direct any candidate, committee, | 38640 |
| entity, fund, or party that accepts a contribution, expenditure, | 38641 |
| or independent expenditure in violation of this division to return | 38642 |
| the contribution, expenditure, or independent expenditure or, if | 38643 |
| it is not possible to return the contribution, expenditure, or | 38644 |
| independent expenditure, then to return instead the value of it, | 38645 |
| to the contributor. | 38646 |
| (3) As used in division (W) of this section, "foreign | 38647 |
| national" has the same meaning as in section 441e(b) of the | 38648 |
| Federal Election Campaign Act. | 38649 |
| (X)(1) No state or county political party shall transfer any | 38650 |
| moneys from its restricted fund to any account of the political | 38651 |
| party into which contributions may be made or from which | 38652 |
| contributions or expenditures may be made. | 38653 |
| (2)(a) No state or county political party shall deposit a | 38654 |
| contribution or contributions that it receives into its restricted | 38655 |
| fund. | 38656 |
| (b) No state or county political party shall make a | 38657 |
| contribution or an expenditure from its restricted fund. | 38658 |
| (3)(a) No corporation or labor organization shall make a gift | 38659 |
| or gifts from the corporation's or labor organization's money or | 38660 |
| property aggregating more than ten thousand dollars to any one | 38661 |
| state or county political party for the party's restricted fund in | 38662 |
| a calendar year. | 38663 |
| (b) No state or county political party shall accept a gift or | 38664 |
| gifts for the party's restricted fund aggregating more than ten | 38665 |
| thousand dollars from any one corporation or labor organization in | 38666 |
| a calendar year. | 38667 |
| (4) No state or county political party shall transfer any | 38668 |
| moneys in the party's restricted fund to any other state or county | 38669 |
| political party. | 38670 |
| (5) No state or county political party shall knowingly fail | 38671 |
| to file a statement required under section 3517.1012 of the | 38672 |
| Revised Code. | 38673 |
| (Y) The administrator of workers' compensation and the | 38674 |
| employees of the bureau of workers' compensation shall not conduct | 38675 |
| any business with or award any contract, other than one awarded by | 38676 |
| competitive bidding, for the purchase of goods costing more than | 38677 |
| five hundred dollars or services costing more than five hundred | 38678 |
| dollars to any individual, partnership, association, including, | 38679 |
| without limitation, a professional association organized under | 38680 |
| Chapter 1785. of the Revised Code, estate, or trust, if the | 38681 |
| individual has made, or the individual's spouse has made, or any | 38682 |
| partner, shareholder, administrator, executor, or trustee, or the | 38683 |
| spouses of any of those individuals has made, as an individual, | 38684 |
| within the two previous calendar years, one or more contributions | 38685 |
| totaling in excess of one thousand dollars to the campaign | 38686 |
| committee of the governor or lieutenant governor or to the | 38687 |
| campaign committee of any candidate for the office of governor or | 38688 |
| lieutenant governor. | 38689 |
| (Z) The administrator of workers' compensation and the | 38690 |
| employees of the bureau of workers' compensation shall not conduct | 38691 |
| business with or award any contract, other than one awarded by | 38692 |
| competitive bidding, for the purchase of goods costing more than | 38693 |
| five hundred dollars or services costing more than five hundred | 38694 |
| dollars to a corporation or business trust, except a professional | 38695 |
| association organized under Chapter 1785. of the Revised Code, if | 38696 |
| an owner of more than twenty per cent of the corporation or | 38697 |
| business trust, or the spouse of the owner, has made, as an | 38698 |
| individual, within the two previous calendar years, taking into | 38699 |
| consideration only owners for all of such period, one or more | 38700 |
| contributions totaling in excess of one thousand dollars to the | 38701 |
| campaign committee of the governor or lieutenant governor or to | 38702 |
| the campaign committee of any candidate for the office of governor | 38703 |
| or lieutenant governor. | 38704 |
| Sec. 3517.151. (A) On and after January 1, 1996, complaints | 38705 |
| with respect to acts or failures to act under the sections listed | 38706 |
| in division (A) of section 3517.153 of the Revised Code shall be | 38707 |
| filed with the Ohio elections commission created under section | 38708 |
| 3517.152 of the Revised Code. | 38709 |
| (B)(1) If a complaint filed with the Ohio elections | 38710 |
| commission created under section 3517.152 of the Revised Code | 38711 |
| alleges an act or failure to act that occurred before August 24, | 38712 |
| 1995, and the commission imposes a fine, sections 3517.99 and | 38713 |
| 3517.991 of the Revised Code, and not sections 3517.992 and | 38714 |
| 3517.993 of the Revised Code, shall apply. | 38715 |
| (2) If a complaint filed with the Ohio elections commission | 38716 |
| created under section 3517.152 of the Revised Code alleges an act | 38717 |
| or failure to act that is a violation of section 3517.13 of the | 38718 |
| Revised Code, former divisions (A) to (R) of that section apply to | 38719 |
| the act or failure to act if it occurred before August 24, 1995, | 38720 |
| former divisions (A) to (U) of that section apply to the act or | 38721 |
| failure to act if it occurs on or after August 24, 1995, but | 38722 |
| before July 13, 1998, former divisions (A) to (V) of that section | 38723 |
| apply to the act or failure to act if it occurs on or after July | 38724 |
| 13, 1998, but before December 22, 1999, former divisions (A) to | 38725 |
| (W) of that section apply to the act or failure to act if it | 38726 |
| occurs on or
after
December 22, 1999, but before | 38727 |
| 38728 | |
| (X) of that section apply to the act or failure to act if it | 38729 |
| occurs on or after | 38730 |
| 2005, and divisions (A) to (Z) of that section apply to the act or | 38731 |
| failure to act if it occurs on or after the effective date of this | 38732 |
| amendment. | 38733 |
| (C) The Ohio elections commission created under section | 38734 |
| 3517.14 of the Revised Code is abolished at the close of business | 38735 |
| on December 31, 1995. | 38736 |
| Sec. 3701.023. (A) The department of health shall review | 38737 |
| applications for eligibility for the program for medically | 38738 |
| handicapped children that are submitted to the department by city | 38739 |
| and general health districts and physician providers approved in | 38740 |
| accordance with division (C) of this section. The department shall | 38741 |
| determine whether the applicants meet the medical and financial | 38742 |
| eligibility requirements established by the public health council | 38743 |
| pursuant to division (A)(1) of section 3701.021 of the Revised | 38744 |
| Code, and by the department in the manual of operational | 38745 |
| procedures and guidelines for the program for medically | 38746 |
| handicapped children developed pursuant to division (B) of that | 38747 |
| section. Referrals of potentially eligible children for the | 38748 |
| program may be submitted to the department on behalf of the child | 38749 |
| by parents, guardians, public health nurses, or any other | 38750 |
| interested person. The department of health may designate other | 38751 |
| agencies to refer applicants to the department of health. | 38752 |
| (B) In accordance with the procedures established in rules | 38753 |
| adopted under division (A)(4) of section 3701.021 of the Revised | 38754 |
| Code, the department of health shall authorize a provider or | 38755 |
| providers to provide to any Ohio resident under twenty-one years | 38756 |
| of age, without charge to the resident or the resident's family | 38757 |
| and without restriction as to the economic status of the resident | 38758 |
| or the resident's family, diagnostic services necessary to | 38759 |
|
determine whether the resident | 38760 |
| handicapping or potentially medically handicapping condition. | 38761 |
| (C) The department of health shall review the applications of | 38762 |
| health professionals, hospitals, medical equipment suppliers, and | 38763 |
| other individuals, groups, or agencies that apply to become | 38764 |
| providers. The department shall enter into a written agreement | 38765 |
| with each applicant who is determined, pursuant to the | 38766 |
| requirements set forth in rules adopted under division (A)(2) of | 38767 |
| section 3701.021 of the Revised Code, to be eligible to be a | 38768 |
| provider in accordance with the provider agreement required by the | 38769 |
| medical assistance program established under section 5111.01 of | 38770 |
| the Revised Code. No provider shall charge a medically handicapped | 38771 |
| child or the child's parent or guardian for services authorized by | 38772 |
| the department under division (B) or (D) of this section. | 38773 |
| The department, in accordance with rules adopted under | 38774 |
| division (A)(3) of section 3701.021 of the Revised Code, may | 38775 |
| disqualify any provider from further participation in the program | 38776 |
| for violating any requirement set forth in rules adopted under | 38777 |
| division (A)(2) of that section. The disqualification shall not | 38778 |
| take effect until a written notice, specifying the requirement | 38779 |
| violated and describing the nature of the violation, has been | 38780 |
| delivered to the provider and the department has afforded the | 38781 |
| provider an opportunity to appeal the disqualification under | 38782 |
| division (H) of this section. | 38783 |
| (D) The department of health shall evaluate applications from | 38784 |
| city and general health districts and approved physician providers | 38785 |
| for authorization to provide treatment services, service | 38786 |
| coordination, and related goods to children determined to be | 38787 |
| eligible for the program for medically handicapped children | 38788 |
| pursuant to division (A) of this section. The department shall | 38789 |
| authorize necessary treatment services, service coordination, and | 38790 |
| related goods for each eligible child in accordance with an | 38791 |
| individual plan of treatment for the child. As an alternative, the | 38792 |
| department may authorize payment of health insurance premiums on | 38793 |
| behalf of eligible children when the department determines, in | 38794 |
| accordance with criteria set forth in rules adopted under division | 38795 |
| (A)(9) of section 3701.021 of the Revised Code, that payment of | 38796 |
| the premiums is cost-effective. | 38797 |
| (E) The department of health shall pay, from appropriations | 38798 |
| to the department, any necessary expenses, including but not | 38799 |
| limited to, expenses for diagnosis, treatment, service | 38800 |
| coordination, supportive services, transportation, and accessories | 38801 |
| and their upkeep, provided to medically handicapped children, | 38802 |
| provided that the provision of the goods or services is authorized | 38803 |
| by the department under division (B) or (D) of this section. Money | 38804 |
| appropriated to the department of health may also be expended for | 38805 |
| reasonable administrative costs incurred by the program. The | 38806 |
| department of health also may purchase liability insurance | 38807 |
| covering the provision of services under the program for medically | 38808 |
| handicapped children by physicians and other health care | 38809 |
| professionals. | 38810 |
| Payments made to providers by the department of health | 38811 |
| pursuant to this division for inpatient hospital care, outpatient | 38812 |
| care, and all
other medical assistance furnished | 38813 |
| eligible
recipients | 38814 |
| 38815 | |
| 38816 | |
| 38817 | |
| 38818 | |
| 38819 | |
| 38820 | |
| 38821 | |
| made in accordance with rules adopted by the public health council | 38822 |
| pursuant to division (A) of section 3701.021 of the Revised Code. | 38823 |
| The departments of health and job and family services shall | 38824 |
| jointly implement procedures to ensure that duplicate payments are | 38825 |
| not made under the program for medically handicapped children and | 38826 |
| the medical assistance program established under section 5111.01 | 38827 |
| of the Revised Code and to identify and recover duplicate | 38828 |
| payments. | 38829 |
| (F) | 38830 |
| program for medically handicapped children, a medically | 38831 |
| handicapped child or the child's parent or guardian shall disclose | 38832 |
| the identity of any third party against whom the child or the | 38833 |
| child's parent or guardian has or may have a right of recovery for | 38834 |
| goods and services provided under division (B) or (D) of this | 38835 |
|
section.
| 38836 |
| 38837 | |
| child who receives services from the program or the child's parent | 38838 |
| or guardian to apply for all third-party benefits for which the | 38839 |
| child may be eligible and require the child, parent, or guardian | 38840 |
| to apply all third-party benefits received to the amount | 38841 |
| determined under division (E) of this section as the amount | 38842 |
| payable for goods and services authorized under division (B) or | 38843 |
| (D) of this section. The department is the payer of last resort | 38844 |
| and shall pay for authorized goods or services, up to the amount | 38845 |
| determined under division (E) of this section for the authorized | 38846 |
| goods or services, only to the extent that payment for the | 38847 |
| authorized goods or services is not made through third-party | 38848 |
| benefits. When a third party fails to act on an application or | 38849 |
| claim for benefits by a medically handicapped child or the child's | 38850 |
| parent or guardian, the department shall pay for the goods or | 38851 |
| services only after ninety days have elapsed since the date the | 38852 |
| child, parents, or guardians made an application or claim for all | 38853 |
|
third-party
benefits | 38854 |
| 38855 | |
| the amount determined under division (E) of this section. | 38856 |
| Third-party payments for goods and services not authorized under | 38857 |
| division (B) or (D) of this section shall not be applied to | 38858 |
| payment amounts determined under division (E) of this section. | 38859 |
| Payment made by the department shall be considered payment in full | 38860 |
| of the amount determined under division (E) of this section. | 38861 |
| Medicaid payments for persons eligible for the medical assistance | 38862 |
| program established under section 5111.01 of the Revised Code | 38863 |
| shall be considered payment in full of the amount determined under | 38864 |
| division (E) of this section. | 38865 |
| | 38866 |
| 38867 | |
| 38868 | |
| 38869 | |
| 38870 | |
| 38871 | |
| 38872 | |
| 38873 |
| (G) The department of health shall administer a program to | 38874 |
| provide services to Ohio residents who are twenty-one or more | 38875 |
|
years of age who | 38876 |
| meet the eligibility requirements established by the rules of the | 38877 |
| public health council pursuant to division (A)(7) of section | 38878 |
| 3701.021 of the Revised Code, subject to all provisions of this | 38879 |
| section, but not subject to section 3701.024 of the Revised Code. | 38880 |
| (H) The department of health shall provide for appeals, in | 38881 |
| accordance with rules adopted under section 3701.021 of the | 38882 |
| Revised Code, of denials of applications for the program for | 38883 |
| medically handicapped children under division (A) or (D) of this | 38884 |
| section, disqualification of providers, or amounts paid under | 38885 |
| division (E) of this section. Appeals under this division are not | 38886 |
| subject to Chapter 119. of the Revised Code. | 38887 |
| The department may designate ombudspersons to assist | 38888 |
| medically handicapped children or their parents or guardians, upon | 38889 |
| the request of the children, parents, or guardians, in filing | 38890 |
| appeals under this division and to serve as children's, parents', | 38891 |
| or guardians' advocates in matters pertaining to the | 38892 |
| administration of the program for medically handicapped children | 38893 |
| and eligibility for program services. The ombudspersons shall | 38894 |
| receive no compensation but shall be reimbursed by the department, | 38895 |
| in accordance with rules of the office of budget and management, | 38896 |
| for their actual and necessary travel expenses incurred in the | 38897 |
| performance of their duties. | 38898 |
| (I) The department of health, and city and general health | 38899 |
| districts providing service coordination pursuant to division | 38900 |
| (A)(2) of section 3701.024 of the Revised Code, shall provide | 38901 |
| service coordination in accordance with the standards set forth in | 38902 |
| the rules adopted under section 3701.021 of the Revised Code, | 38903 |
| without charge, and without restriction as to economic status. | 38904 |
| Sec. 3701.073. (A) The department of health is hereby | 38905 |
| designated as the state agency responsible for administering the | 38906 |
| medicare rural hospital flexibility program, as established in 42 | 38907 |
| U.S.C. 1395i-4, as amended. | 38908 |
| (B) The director of health shall designate as a critical | 38909 |
| access hospital a hospital registered as an acute care hospital | 38910 |
| with the department under section 3701.07 of the Revised Code if | 38911 |
| the hospital meets the following requirements: | 38912 |
| (1) Has not more than twenty-five acute care and swing beds | 38913 |
| in use at any time for the furnishing of extended care or acute | 38914 |
| care inpatient services; | 38915 |
| (2) Has a length of stay not more than ninety-six hours per | 38916 |
| patient, on an annual average basis; | 38917 |
| (3) Provides inpatient, outpatient, emergency, laboratory, | 38918 |
| radiology, and twenty-four hour emergency care services; | 38919 |
| (4) Has network agreements in place for patient referral and | 38920 |
| transfer, a communication system for telemetry systems, electronic | 38921 |
| sharing of patient data, provision for emergency and non-emergency | 38922 |
| transportation, and assures credentialing and quality assurance; | 38923 |
| (5) Was certified as a critical access hospital by the | 38924 |
| centers for medicare and medicaid services between January 1, | 38925 |
| 2001, and December 31, 2005, or is located in a rural area as | 38926 |
| identified below: | 38927 |
| (a) An area within an Ohio metropolitan area designated as a | 38928 |
| rural area by the United States department of health and human | 38929 |
| services, office of rural health policy, in accordance with 42 | 38930 |
| C.F.R. 412.103 regarding rural urban commuting area codes four | 38931 |
| through ten in effect on the effective date of this section; | 38932 |
| (b) A non-metropolitan county as designated in United States | 38933 |
| office of management and budget bulletin no. 93-17, June 30, 1993, | 38934 |
| and its attachments; | 38935 |
| (c) A rural zip code within a metropolitan county as | 38936 |
| designated in United States office of management and budget | 38937 |
| bulletin no. 93-17, June 30, 1993, and its attachments. | 38938 |
| Sec. 3701.146. (A) In taking actions regarding tuberculosis, | 38939 |
| the director of health has all of the following duties and powers: | 38940 |
| (1) | 38941 |
| 38942 | |
| 38943 |
| | 38944 |
| clinics, physicians, or other care providers to whom the director | 38945 |
| shall refer persons who make inquiries to the department of health | 38946 |
| regarding possible exposure to tuberculosis. | 38947 |
| | 38948 |
| activities, including the collection and analysis of | 38949 |
| epidemiological information relative to the frequency of | 38950 |
| tuberculosis infection, demographic and geographic distribution of | 38951 |
| tuberculosis cases, and trends pertaining to tuberculosis. | 38952 |
| | 38953 |
| record the incidence of tuberculosis in this state. | 38954 |
| | 38955 |
| tuberculosis consultants for geographic regions of the state | 38956 |
| specified by the director. Each tuberculosis consultant shall act | 38957 |
| in accordance with rules the director establishes and shall be | 38958 |
| responsible for advising and assisting physicians and other health | 38959 |
| care practitioners who participate in tuberculosis control | 38960 |
| activities and for reviewing medical records pertaining to the | 38961 |
| treatment provided to individuals with tuberculosis. | 38962 |
| (B)(1) The public health council shall adopt rules | 38963 |
| establishing standards for the following: | 38964 |
| (a) Performing tuberculosis screenings; | 38965 |
| (b) Performing examinations of individuals who have been | 38966 |
| exposed to tuberculosis and individuals who are suspected of | 38967 |
| having tuberculosis; | 38968 |
| (c) Providing treatment to individuals with tuberculosis; | 38969 |
| (d) Preventing individuals with communicable tuberculosis | 38970 |
| from infecting other individuals; | 38971 |
| (e) Performing laboratory tests for tuberculosis and studies | 38972 |
| of the resistance of tuberculosis to one or more drugs; | 38973 |
| (f) Selecting laboratories that provide in a timely fashion | 38974 |
| the results of a laboratory test for tuberculosis. The standards | 38975 |
| shall include a requirement that first consideration be given to | 38976 |
| laboratories located in this state. | 38977 |
| (2) Rules adopted pursuant to this section shall be adopted | 38978 |
| in accordance with Chapter 119. of the Revised Code and may be | 38979 |
| consistent with any recommendations or guidelines on tuberculosis | 38980 |
| issued by the United States centers for disease control and | 38981 |
| prevention or by the American thoracic society. The rules shall | 38982 |
| apply to county or district tuberculosis control units, physicians | 38983 |
| who examine and treat individuals for tuberculosis, and | 38984 |
| laboratories that perform tests for tuberculosis. | 38985 |
| Sec. 3701.65. (A) There is hereby created in the state | 38986 |
| treasury the "choose life" fund. The fund shall consist of the | 38987 |
| contributions that are paid to the registrar of motor vehicles by | 38988 |
| applicants who voluntarily elect to obtain "choose life" license | 38989 |
| plates pursuant to section 4503.91 of the Revised Code and any | 38990 |
| money returned to the fund under division (E)(1)(d) of this | 38991 |
| section. All investment earnings of the fund shall be credited to | 38992 |
| the fund. | 38993 |
| (B)(1) At least annually, the director of health shall | 38994 |
| distribute the money in the fund to any private, nonprofit | 38995 |
| organization that is eligible to receive funds under this section | 38996 |
| and that applies for funding under division (C) of this section. | 38997 |
| (2) The director shall distribute the funds based on the | 38998 |
| county in which the organization applying for funding is located | 38999 |
| and in proportion to the number of "choose life" license plates | 39000 |
| issued during the preceding year to vehicles registered in each | 39001 |
| county. Within each county, eligible organizations that apply for | 39002 |
| funding shall share equally in the funds available for | 39003 |
| distribution to organizations located within that county. | 39004 |
| (C) Any organization seeking funds under this section | 39005 |
| annually shall apply for distribution of the funds. The director | 39006 |
| shall develop an application form and may determine the schedule | 39007 |
| and procedures that an organization shall follow when annually | 39008 |
| applying for funds. The application shall inform the applicant of | 39009 |
| the conditions for receiving and using funds under division (E) of | 39010 |
| this section. The application shall require evidence that the | 39011 |
| organization meets all of the following requirements: | 39012 |
| (1) Is a private, nonprofit organization; | 39013 |
| (2) Is committed to counseling pregnant women about the | 39014 |
| option of adoption; | 39015 |
| (3) Provides services within the state to pregnant women who | 39016 |
| are planning to place their children for adoption, including | 39017 |
| counseling and meeting the material needs of the women; | 39018 |
| (4) Does not charge women for any services received; | 39019 |
| (5) Is not involved or associated with any abortion | 39020 |
| activities, including counseling for or referrals to abortion | 39021 |
| clinics, providing medical abortion-related procedures, or | 39022 |
| pro-abortion advertising; | 39023 |
| (6) Does not discriminate in its provision of any services on | 39024 |
| the basis of race, religion, color, age, marital status, national | 39025 |
| origin, handicap, gender, or age. | 39026 |
| (D) The director shall not distribute funds to an | 39027 |
| organization that does not provide verifiable evidence of the | 39028 |
| requirements specified in the application under division (C) of | 39029 |
| this section and shall not provide additional funds to any | 39030 |
| organization that fails to comply with division (E) of this | 39031 |
| section in regard to its previous receipt of funds under this | 39032 |
| section. | 39033 |
| (E)(1) An organization receiving funds under this section | 39034 |
| shall do all of the following: | 39035 |
| (a) Use not more than sixty per cent of the funds distributed | 39036 |
| to it for the material needs of pregnant women who are planning to | 39037 |
| place their children for adoption or for infants awaiting | 39038 |
| placement with adoptive parents, including clothing, housing, | 39039 |
| medical care, food, utilities, and transportation; | 39040 |
| (b) Use not more than forty per cent of the funds distributed | 39041 |
| to it for counseling, training, or advertising; | 39042 |
| (c) Not use any of the funds distributed to it for | 39043 |
| administrative expenses, legal expenses, or capital expenditures; | 39044 |
| (d) Annually return to the fund created under division (A) of | 39045 |
| this section any unused money that exceeds ten per cent of the | 39046 |
| money distributed to the organization. | 39047 |
| (2) The organization annually shall submit to the director an | 39048 |
| audited financial statement verifying its compliance with division | 39049 |
| (E)(1) of this section. | 39050 |
| (F) The director, in accordance with Chapter 119. of the | 39051 |
| Revised Code, shall adopt rules to implement this section. | 39052 |
| It is not the intent of the general assembly that the | 39053 |
| department create a new position within the department to | 39054 |
| implement and administer this section. It is the intent of the | 39055 |
| general assembly that the implementation and administration of | 39056 |
| this section be accomplished by existing department personnel. | 39057 |
| Sec. 3702.141. (A) As
used in this section | 39058 |
| (1) " | 39059 |
| health care facility that is licensed or otherwise approved to | 39060 |
| practice in this state, in accordance with applicable law, is | 39061 |
| staffed and equipped to provide health care services, and actively | 39062 |
| provides health services or has not been actively providing health | 39063 |
| services for less than twelve consecutive months. | 39064 |
| (2) "Health care facility" and "health service" have the same | 39065 |
| 39066 |
| (B) Section 3702.14 of the Revised Code shall not be | 39067 |
| construed to require any existing health care facility that is | 39068 |
| conducting an activity specified in section 3702.11 of the Revised | 39069 |
| Code, which activity was initiated on or before March 20, 1997, to | 39070 |
| alter, upgrade, or otherwise improve the structure or fixtures of | 39071 |
| the facility in order to comply with any rule adopted under | 39072 |
| section 3702.11 of the Revised Code relating to that activity, | 39073 |
| unless one of the following applies: | 39074 |
| (1) The facility initiates a construction, renovation, or | 39075 |
| reconstruction project that involves a capital expenditure of at | 39076 |
| least fifty thousand dollars, not including expenditures for | 39077 |
| equipment or staffing or operational costs, and that directly | 39078 |
| involves the area in which the existing service is conducted. | 39079 |
| (2) The facility initiates another activity specified in | 39080 |
| section 3702.11 of the Revised Code. | 39081 |
| (3) The facility initiates a service level designation change | 39082 |
| for obstetric and newborn care. | 39083 |
| (4) The facility proposes to add a cardiac catheterization | 39084 |
| laboratory to an existing cardiac catheterization service. | 39085 |
| (5) The facility proposes to add an open-heart operating room | 39086 |
| to an existing open-heart surgery service. | 39087 |
| (6) The director of health determines, by clear and | 39088 |
| convincing evidence, that failure to comply with the rule would | 39089 |
| create an imminent risk to the health and welfare of any patient. | 39090 |
| (C) If division (B)(4) or (5) of this section applies, any | 39091 |
| alteration, upgrade, or other improvement required shall apply | 39092 |
| only to the proposed addition to the existing service if the cost | 39093 |
| of the addition is less than the capital expenditure threshold set | 39094 |
| forth in division (B)(1) of this section. | 39095 |
| (D) No person or government entity shall divide or otherwise | 39096 |
| segment a construction, renovation, or reconstruction project in | 39097 |
| order to evade application of the capital expenditure threshold | 39098 |
| set forth in division (B)(1) of this section. | 39099 |
| Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the | 39100 |
| Revised Code: | 39101 |
| (A) "Applicant" means any person that submits an application | 39102 |
| for a certificate of need and who is designated in the application | 39103 |
| as the applicant. | 39104 |
| (B) "Person" means any individual, corporation, business | 39105 |
| trust, estate, firm, partnership, association, joint stock | 39106 |
| company, insurance company, government unit, or other entity. | 39107 |
| (C) "Certificate of need" means a written approval granted by | 39108 |
| the director of health to an applicant to authorize conducting a | 39109 |
| reviewable activity. | 39110 |
| (D) "Health service area" means a geographic region | 39111 |
| designated by the director of health under section 3702.58 of the | 39112 |
| Revised Code. | 39113 |
| (E) "Health service" means a clinically related service, such | 39114 |
| as a diagnostic, treatment, rehabilitative, or preventive service. | 39115 |
| (F) "Health service agency" means an agency designated to | 39116 |
| serve a health service area in accordance with section 3702.58 of | 39117 |
| the Revised Code. | 39118 |
| (G) "Health care facility" means: | 39119 |
| (1) A hospital registered under section 3701.07 of the | 39120 |
| Revised Code; | 39121 |
| (2) A nursing home licensed under section 3721.02 of the | 39122 |
| Revised Code, or by a political subdivision certified under | 39123 |
| section 3721.09 of the Revised Code; | 39124 |
| (3) A county home or a county nursing home as defined in | 39125 |
| section 5155.31 of the Revised Code that is certified under Title | 39126 |
| XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 | 39127 |
| U.S.C.A. 301, as amended; | 39128 |
| (4) A freestanding dialysis center; | 39129 |
| (5) A freestanding inpatient rehabilitation facility; | 39130 |
| (6) An ambulatory surgical facility; | 39131 |
| (7) A freestanding cardiac catheterization facility; | 39132 |
| (8) A freestanding birthing center; | 39133 |
| (9) A freestanding or mobile diagnostic imaging center; | 39134 |
| (10) A freestanding radiation therapy center. | 39135 |
| A health care facility does not include the offices of | 39136 |
| private physicians and dentists whether for individual or group | 39137 |
| practice, residential facilities licensed under section 5123.19 of | 39138 |
|
the Revised Code, | 39139 |
| 39140 | |
| 39141 | |
| the sick that is operated exclusively for patients who use | 39142 |
| spiritual means for healing and for whom the acceptance of medical | 39143 |
| care is inconsistent with their religious beliefs, accredited by a | 39144 |
| national accrediting organization, exempt from federal income | 39145 |
| taxation under section 501 of the Internal Revenue Code of 1986, | 39146 |
| 100 Stat. 2085, 26 U.S.C.A. 1, as amended, and providing | 39147 |
| twenty-four hour nursing care pursuant to the exemption in | 39148 |
| division (E) of section 4723.32 of the Revised Code from the | 39149 |
| licensing requirements of Chapter 4723. of the Revised Code. | 39150 |
| (H) "Medical equipment" means a single unit of medical | 39151 |
| equipment or a single system of components with related functions | 39152 |
| that is used to provide health services. | 39153 |
| (I) "Third-party payer" means a health insuring corporation | 39154 |
| licensed under Chapter 1751. of the Revised Code, a health | 39155 |
| maintenance organization as defined in division (K) of this | 39156 |
| section, an insurance company that issues sickness and accident | 39157 |
| insurance in conformity with Chapter 3923. of the Revised Code, a | 39158 |
| state-financed health insurance program under Chapter 3701., | 39159 |
| 4123., or 5111. of the Revised Code, or any self-insurance plan. | 39160 |
| (J) "Government unit" means the state and any county, | 39161 |
| municipal corporation, township, or other political subdivision of | 39162 |
| the state, or any department, division, board, or other agency of | 39163 |
| the state or a political subdivision. | 39164 |
| (K) "Health maintenance organization" means a public or | 39165 |
| private organization organized under the law of any state that is | 39166 |
| qualified under section 1310(d) of Title XIII of the "Public | 39167 |
| Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9. | 39168 |
| (L)
"Existing health care facility" means | 39169 |
| following: | 39170 |
| (1) A health care facility that is licensed or otherwise | 39171 |
| 39172 | |
| accordance with applicable law, is staffed and equipped to provide | 39173 |
| health care services, and is actively | 39174 |
| services | 39175 |
| 39176 |
| (2) A health care facility that is licensed or has beds | 39177 |
| registered under section 3701.07 of the Revised Code as skilled | 39178 |
| nursing beds or long-term care beds and has provided services for | 39179 |
| at least three hundred sixty-five consecutive days within the | 39180 |
| twenty-four months immediately preceding the date a certificate of | 39181 |
| need application is filed with the director of health. | 39182 |
| (M) "State" means the state of Ohio, including, but not | 39183 |
| limited to, the general assembly, the supreme court, the offices | 39184 |
| of all elected state officers, and all departments, boards, | 39185 |
| offices, commissions, agencies, institutions, and other | 39186 |
| instrumentalities of the state of Ohio. "State" does not include | 39187 |
| political subdivisions. | 39188 |
| (N) "Political subdivision" means a municipal corporation, | 39189 |
| township, county, school district, and all other bodies corporate | 39190 |
| and politic responsible for governmental activities only in | 39191 |
| geographic areas smaller than that of the state to which the | 39192 |
| sovereign immunity of the state attaches. | 39193 |
| (O) "Affected person" means: | 39194 |
| (1) An applicant for a certificate of need, including an | 39195 |
| applicant whose application was reviewed comparatively with the | 39196 |
| application in question; | 39197 |
| (2) The person that requested the reviewability ruling in | 39198 |
| question; | 39199 |
| (3) Any person that resides or regularly uses health care | 39200 |
| facilities within the geographic area served or to be served by | 39201 |
| the health care services that would be provided under the | 39202 |
| certificate of need or reviewability ruling in question; | 39203 |
| (4) Any health care facility that is located in the health | 39204 |
| service area where the health care services would be provided | 39205 |
| under the certificate of need or reviewability ruling in question; | 39206 |
| (5) Third-party payers that reimburse health care facilities | 39207 |
| for services in the health service area where the health care | 39208 |
| services would be provided under the certificate of need or | 39209 |
| reviewability ruling in question; | 39210 |
| (6) Any other person who testified at a public hearing held | 39211 |
| under division (B) of section 3702.52 of the Revised Code or | 39212 |
| submitted written comments in the course of review of the | 39213 |
| certificate of need application in question. | 39214 |
| (P) "Osteopathic hospital" means a hospital registered under | 39215 |
| section 3701.07 of the Revised Code that advocates osteopathic | 39216 |
| principles and the practice and perpetuation of osteopathic | 39217 |
| medicine by doing any of the following: | 39218 |
| (1) Maintaining a department or service of osteopathic | 39219 |
| medicine or a committee on the utilization of osteopathic | 39220 |
| principles and methods, under the supervision of an osteopathic | 39221 |
| physician; | 39222 |
| (2) Maintaining an active medical staff, the majority of | 39223 |
| which is comprised of osteopathic physicians; | 39224 |
| (3) Maintaining a medical staff executive committee that has | 39225 |
| osteopathic physicians as a majority of its members. | 39226 |
| (Q) "Ambulatory surgical facility" has the same meaning as in | 39227 |
| section 3702.30 of the Revised Code. | 39228 |
| (R) Except as otherwise provided in division (T) of this | 39229 |
| section, and until the termination date specified in section | 39230 |
| 3702.511 of the Revised Code, "reviewable activity" means any of | 39231 |
| the following: | 39232 |
| (1) The addition by any person of any of the following health | 39233 |
| services, regardless of the amount of operating costs or capital | 39234 |
| expenditures: | 39235 |
| (a) A heart, heart-lung, lung, liver, kidney, bowel, | 39236 |
| pancreas, or bone marrow transplantation service, a stem cell | 39237 |
| harvesting and reinfusion service, or a service for | 39238 |
| transplantation of any other organ unless transplantation of the | 39239 |
| organ is designated by public health council rule not to be a | 39240 |
| reviewable activity; | 39241 |
| (b) A cardiac catheterization service; | 39242 |
| (c) An open-heart surgery service; | 39243 |
| (d) Any new, experimental medical technology that is | 39244 |
| designated by rule of the public health council. | 39245 |
| (2) The acceptance of high-risk patients, as defined in rules | 39246 |
| adopted under section 3702.57 of the Revised Code, by any cardiac | 39247 |
| catheterization service that was initiated without a certificate | 39248 |
| of need pursuant to division (R)(3)(b) of the version of this | 39249 |
| section in effect immediately prior to April 20, 1995; | 39250 |
| (3)(a) The establishment, development, or construction of a | 39251 |
| new health care facility other than a new long-term care facility | 39252 |
| or a new hospital; | 39253 |
| (b) The establishment, development, or construction of a new | 39254 |
| hospital or the relocation of an existing hospital; | 39255 |
| (c) The relocation of hospital beds, other than long-term | 39256 |
| care, perinatal, or pediatric intensive care beds, into or out of | 39257 |
| a rural area. | 39258 |
| (4)(a) The replacement of an existing hospital; | 39259 |
| (b) The replacement of an existing hospital obstetric or | 39260 |
| newborn care unit or freestanding birthing center. | 39261 |
| (5)(a) The renovation of a hospital that involves a capital | 39262 |
|
expenditure, obligated on or after
| 39263 |
| 39264 | |
| including expenditures for equipment, staffing, or operational | 39265 |
| costs. For purposes of division (R)(5)(a) of this section, a | 39266 |
| capital expenditure is obligated: | 39267 |
| (i) When a contract enforceable under Ohio law is entered | 39268 |
| into for the construction, acquisition, lease, or financing of a | 39269 |
| capital asset; | 39270 |
| (ii) When the governing body of a hospital takes formal | 39271 |
| action to commit its own funds for a construction project | 39272 |
| undertaken by the hospital as its own contractor; | 39273 |
| (iii) In the case of donated property, on the date the gift | 39274 |
| is completed under applicable Ohio law. | 39275 |
| (b) The renovation of a hospital obstetric or newborn care | 39276 |
| unit or freestanding birthing center that involves a capital | 39277 |
| expenditure of five million dollars or more, not including | 39278 |
| expenditures for equipment, staffing, or operational costs. | 39279 |
| (6) Any change in the health care services, bed capacity, or | 39280 |
| site, or any other failure to conduct the reviewable activity in | 39281 |
| substantial accordance with the approved application for which a | 39282 |
| certificate of need was granted, if the change is made prior to | 39283 |
| the date the activity for which the certificate was issued ceases | 39284 |
| to be a reviewable activity; | 39285 |
| (7) Any of the following changes in perinatal bed capacity or | 39286 |
| pediatric intensive care bed capacity: | 39287 |
| (a) An increase in bed capacity; | 39288 |
| (b) A change in service or service-level designation of | 39289 |
| newborn care beds or obstetric beds in a hospital or freestanding | 39290 |
| birthing center, other than a change of service that is provided | 39291 |
| within the service-level designation of newborn care or obstetric | 39292 |
| beds as registered by the department of health; | 39293 |
| (c) A relocation of perinatal or pediatric intensive care | 39294 |
| beds from one physical facility or site to another, excluding the | 39295 |
| relocation of beds within a hospital or freestanding birthing | 39296 |
| center or the relocation of beds among buildings of a hospital or | 39297 |
| freestanding birthing center at the same site. | 39298 |
| (8) The expenditure of more than one hundred ten per cent of | 39299 |
| the maximum expenditure specified in a certificate of need; | 39300 |
| (9) Any transfer of a certificate of need issued prior to | 39301 |
| April 20, 1995, from the person to whom it was issued to another | 39302 |
| person before the project that constitutes a reviewable activity | 39303 |
| is completed, any agreement that contemplates the transfer of a | 39304 |
| certificate of need issued prior to that date upon completion of | 39305 |
| the project, and any transfer of the controlling interest in an | 39306 |
| entity that holds a certificate of need issued prior to that date. | 39307 |
| However, the transfer of a certificate of need issued prior to | 39308 |
| that date or agreement to transfer such a certificate of need from | 39309 |
| the person to whom the certificate of need was issued to an | 39310 |
| affiliated or related person does not constitute a reviewable | 39311 |
| transfer of a certificate of need for the purposes of this | 39312 |
| division, unless the transfer results in a change in the person | 39313 |
| that holds the ultimate controlling interest in the certificate of | 39314 |
| need. | 39315 |
| (10)(a) The acquisition by any person of any of the following | 39316 |
| medical equipment, regardless of the amount of operating costs or | 39317 |
| capital expenditure: | 39318 |
| (i) A cobalt radiation therapy unit; | 39319 |
| (ii) A linear accelerator; | 39320 |
| (iii) A gamma knife unit. | 39321 |
| (b) The acquisition by any person of medical equipment with a | 39322 |
| cost of two million dollars or more. The cost of acquiring medical | 39323 |
| equipment includes the sum of the following: | 39324 |
| (i) The greater of its fair market value or the cost of its | 39325 |
| lease or purchase; | 39326 |
| (ii) The cost of installation and any other activities | 39327 |
| essential to the acquisition of the equipment and its placement | 39328 |
| into service. | 39329 |
| (11) The addition of another cardiac catheterization | 39330 |
| laboratory to an existing cardiac catheterization service. | 39331 |
| (S) Except as provided in division (T) of this section, | 39332 |
| "reviewable activity" also means any of the following activities, | 39333 |
| none of which are subject to a termination date: | 39334 |
| (1) The establishment, development, or construction of a new | 39335 |
| long-term care facility; | 39336 |
| (2) The replacement of an existing long-term care facility; | 39337 |
| (3) The renovation of a long-term care facility that involves | 39338 |
| a capital expenditure of two million dollars or more, not | 39339 |
| including expenditures for equipment, staffing, or operational | 39340 |
| costs; | 39341 |
| (4) Any of the following changes in long-term care bed | 39342 |
| capacity: | 39343 |
| (a) An increase in bed capacity; | 39344 |
| (b) A relocation of beds from one physical facility or site | 39345 |
| to another, excluding the relocation of beds within a long-term | 39346 |
| care facility or among buildings of a long-term care facility at | 39347 |
| the same site; | 39348 |
| (c) A recategorization of hospital beds registered under | 39349 |
| section 3701.07 of the Revised Code from another registration | 39350 |
| category to skilled nursing beds or long-term care beds. | 39351 |
| (5) Any change in the health services, bed capacity, or site, | 39352 |
| or any other failure to conduct the reviewable activity in | 39353 |
| substantial accordance with the approved application for which a | 39354 |
| certificate of need concerning long-term care beds was granted, if | 39355 |
| the change is made within five years after the implementation of | 39356 |
| the reviewable activity for which the certificate was granted; | 39357 |
| (6) The expenditure of more than one hundred ten per cent of | 39358 |
| the maximum expenditure specified in a certificate of need | 39359 |
| concerning long-term care beds; | 39360 |
| (7) Any transfer of a certificate of need that concerns | 39361 |
| long-term care beds and was issued prior to April 20, 1995, from | 39362 |
| the person to whom it was issued to another person before the | 39363 |
| project that constitutes a reviewable activity is completed, any | 39364 |
| agreement that contemplates the transfer of such a certificate of | 39365 |
| need upon completion of the project, and any transfer of the | 39366 |
| controlling interest in an entity that holds such a certificate of | 39367 |
| need. However, the transfer of a certificate of need that concerns | 39368 |
| long-term care beds and was issued prior to April 20, 1995, or | 39369 |
| agreement to transfer such a certificate of need from the person | 39370 |
| to whom the certificate was issued to an affiliated or related | 39371 |
| person does not constitute a reviewable transfer of a certificate | 39372 |
| of need for purposes of this division, unless the transfer results | 39373 |
| in a change in the person that holds the ultimate controlling | 39374 |
| interest in the certificate of need. | 39375 |
| (T) "Reviewable activity" does not include any of the | 39376 |
| following activities: | 39377 |
| (1) Acquisition of computer hardware or software; | 39378 |
| (2) Acquisition of a telephone system; | 39379 |
| (3) Construction or acquisition of parking facilities; | 39380 |
| (4) Correction of cited deficiencies that are in violation of | 39381 |
| federal, state, or local fire, building, or safety laws and rules | 39382 |
| and that constitute an imminent threat to public health or safety; | 39383 |
| (5) Acquisition of an existing health care facility that does | 39384 |
| not involve a change in the number of the beds, by service, or in | 39385 |
| the number or type of health services; | 39386 |
| (6) Correction of cited deficiencies identified by | 39387 |
| accreditation surveys of the joint commission on accreditation of | 39388 |
| healthcare organizations or of the American osteopathic | 39389 |
| association; | 39390 |
| (7) Acquisition of medical equipment to replace the same or | 39391 |
| similar equipment for which a certificate of need has been issued | 39392 |
| if the replaced equipment is removed from service; | 39393 |
| (8) Mergers, consolidations, or other corporate | 39394 |
| reorganizations of health care facilities that do not involve a | 39395 |
| change in the number of beds, by service, or in the number or type | 39396 |
| of health services; | 39397 |
| (9) Construction, repair, or renovation of bathroom | 39398 |
| facilities; | 39399 |
| (10) Construction of laundry facilities, waste disposal | 39400 |
| facilities, dietary department projects, heating and air | 39401 |
| conditioning projects, administrative offices, and portions of | 39402 |
| medical office buildings used exclusively for physician services; | 39403 |
| (11) Acquisition of medical equipment to conduct research | 39404 |
| required by the United States food and drug administration or | 39405 |
| clinical trials sponsored by the national institute of health. Use | 39406 |
| of medical equipment that was acquired without a certificate of | 39407 |
| need under division (T)(11) of this section and for which | 39408 |
| premarket approval has been granted by the United States food and | 39409 |
| drug administration to provide services for which patients or | 39410 |
| reimbursement entities will be charged shall be a reviewable | 39411 |
| activity. | 39412 |
| (12) Removal of asbestos from a health care facility. | 39413 |
| Only that portion of a project that meets the requirements of | 39414 |
| division (T) of this section is not a reviewable activity. | 39415 |
| (U) "Small rural hospital" means a hospital that is located | 39416 |
| within a rural area, has fewer than one hundred beds, and to which | 39417 |
| fewer than four thousand persons were admitted during the most | 39418 |
| recent calendar year. | 39419 |
| (V) "Children's hospital" means any of the following: | 39420 |
| (1) A hospital registered under section 3701.07 of the | 39421 |
| Revised Code that provides general pediatric medical and surgical | 39422 |
| care, and in which at least seventy-five per cent of annual | 39423 |
| inpatient discharges for the preceding two calendar years were | 39424 |
| individuals less than eighteen years of age; | 39425 |
| (2) A distinct portion of a hospital registered under section | 39426 |
| 3701.07 of the Revised Code that provides general pediatric | 39427 |
| medical and surgical care, has a total of at least one hundred | 39428 |
| fifty registered pediatric special care and pediatric acute care | 39429 |
| beds, and in which at least seventy-five per cent of annual | 39430 |
| inpatient discharges for the preceding two calendar years were | 39431 |
| individuals less than eighteen years of age; | 39432 |
| (3) A distinct portion of a hospital, if the hospital is | 39433 |
| registered under section 3701.07 of the Revised Code as a | 39434 |
| children's hospital and the children's hospital meets all the | 39435 |
| requirements of division (V)(1) of this section. | 39436 |
| (W) "Long-term care facility" means any of the following: | 39437 |
| (1) A nursing home licensed under section 3721.02 of the | 39438 |
| Revised Code or by a political subdivision certified under section | 39439 |
| 3721.09 of the Revised Code; | 39440 |
| (2) The portion of any facility, including a county home or | 39441 |
| county nursing home, that is certified as a skilled nursing | 39442 |
| facility or a nursing facility under Title XVIII or XIX of the | 39443 |
| "Social Security Act"; | 39444 |
| (3) The portion of any hospital that contains beds registered | 39445 |
| under section 3701.07 of the Revised Code as skilled nursing beds | 39446 |
| or long-term care beds. | 39447 |
| (X) "Long-term care bed" means a bed in a long-term care | 39448 |
| facility. | 39449 |
| (Y) "Perinatal bed" means a bed in a hospital that is | 39450 |
| registered under section 3701.07 of the Revised Code as a newborn | 39451 |
| care bed or obstetric bed, or a bed in a freestanding birthing | 39452 |
| center. | 39453 |
| (Z) "Freestanding birthing center" means any facility in | 39454 |
| which deliveries routinely occur, regardless of whether the | 39455 |
| facility is located on the campus of another health care facility, | 39456 |
| and which is not licensed under Chapter 3711. of the Revised Code | 39457 |
| as a level one, two, or three maternity unit or a limited | 39458 |
| maternity unit. | 39459 |
| (AA)(1) "Reviewability ruling" means a ruling issued by the | 39460 |
| director of health under division (A) of section 3702.52 of the | 39461 |
| Revised Code as to whether a particular proposed project is or is | 39462 |
| not a reviewable activity. | 39463 |
| (2) "Nonreviewability ruling" means a ruling issued under | 39464 |
| that division that a particular proposed project is not a | 39465 |
| reviewable activity. | 39466 |
| (BB)(1) "Metropolitan statistical area" means an area of this | 39467 |
| state designated a metropolitan statistical area or primary | 39468 |
| metropolitan statistical area in United States office of | 39469 |
| management and budget bulletin No. 93-17, June 30, 1993, and its | 39470 |
| attachments. | 39471 |
| (2) "Rural area" means any area of this state not located | 39472 |
| within a metropolitan statistical area. | 39473 |
| Sec. 3702.68. (A) Notwithstanding sections 3702.51 to | 39474 |
| 3702.62 of the Revised Code, this section applies to the review of | 39475 |
| certificate of need applications during the period beginning July | 39476 |
|
1, 1993, and ending
June 30,
| 39477 |
| As used in this section, "existing health care facility" has | 39478 |
| the same meaning as in section 3702.51 of the Revised Code. | 39479 |
| (B)(1) Except as provided in division (B)(2) of this section, | 39480 |
| the director of health shall neither grant nor deny any | 39481 |
| application for a certificate of need submitted prior to July 1, | 39482 |
| 1993, if the application was for any of the following and the | 39483 |
| director had not issued a written decision concerning the | 39484 |
| application prior to that date: | 39485 |
| (a) Approval of beds in a new health care facility or an | 39486 |
| increase of beds in an existing health care facility, if the beds | 39487 |
| are proposed to be licensed as nursing home beds under Chapter | 39488 |
| 3721. of the Revised Code; | 39489 |
| (b) Approval of beds in a new county home or new county | 39490 |
| nursing home as defined in section 5155.31 of the Revised Code, or | 39491 |
| an increase of beds in an existing county home or existing county | 39492 |
| nursing home, if the beds are proposed to be certified as skilled | 39493 |
| nursing facility beds under Title XVIII or nursing facility beds | 39494 |
| under Title XIX of the "Social Security Act," 49 Stat. 620 (1935), | 39495 |
| 42 U.S.C.A. 301, as amended; | 39496 |
| (c) Recategorization of hospital beds as described in section | 39497 |
| 3702.522 of the Revised Code, an increase of hospital beds | 39498 |
| registered pursuant to section 3701.07 of the Revised Code as | 39499 |
| long-term care beds or skilled nursing facility beds, or a | 39500 |
| recategorization of hospital beds that would result in an increase | 39501 |
| of beds registered pursuant to that section as long-term care beds | 39502 |
| or skilled nursing facility beds. | 39503 |
| On July 1, 1993, the director shall return each such | 39504 |
| application to the applicant and, notwithstanding section 3702.52 | 39505 |
| of the Revised Code regarding the uses of the certificate of need | 39506 |
| fund, shall refund to the applicant the application fee paid under | 39507 |
| that section. Applications returned under division (B)(1) of this | 39508 |
| section may be resubmitted in accordance with section 3702.52 of | 39509 |
|
the Revised
Code no sooner than
July 1,
| 39510 |
| (2) The director shall continue to review and shall issue a | 39511 |
| decision regarding any application submitted prior to July 1, | 39512 |
| 1993, to increase beds for either of the purposes described in | 39513 |
| division (B)(1)(a) or (b) of this section if the proposed increase | 39514 |
| in beds is attributable solely to a replacement or relocation of | 39515 |
| existing beds within the same county. The director shall authorize | 39516 |
| under such an application no additional beds beyond those being | 39517 |
| replaced or relocated. | 39518 |
| (C)(1) Except as provided in division (C)(2) of this section, | 39519 |
| the director, during the period beginning July 1, 1993, and ending | 39520 |
|
June 30,
| 39521 |
| 3702.52 of the Revised Code any application for a certificate of | 39522 |
| need for any of the purposes described in divisions (B)(1)(a) to | 39523 |
| (c) of this section. | 39524 |
| (2)(a) The director shall accept for review any application | 39525 |
| for either of the purposes described in division (B)(1)(a) or (b) | 39526 |
| of this section if the proposed increase in beds is attributable | 39527 |
| solely to a replacement or relocation of existing beds from an | 39528 |
| existing health care facility within the same county. The director | 39529 |
| shall authorize under such an application no additional beds | 39530 |
| beyond those being replaced or
relocated.
| 39531 |
| The director shall not approve an application for a | 39532 |
| certificate of need for addition of long-term care beds to an | 39533 |
| existing health care facility by relocation of beds or for the | 39534 |
| development of a new health care facility by relocation of beds | 39535 |
| unless all of the following conditions are met: | 39536 |
| (i) The existing health care facility to which the beds are | 39537 |
| being relocated has no life safety code waivers, no state fire | 39538 |
| code violations, and no state building code violations; | 39539 |
| (ii) During the sixty month period preceding the filing of | 39540 |
| the application, no notice of proposed revocation of the | 39541 |
| facility's license was issued under section 3721.03 of the Revised | 39542 |
| Code to the operator of the existing facility to which the beds | 39543 |
| are being relocated or to any health care facility owned or | 39544 |
| operated by the applicant or any principal participant in the same | 39545 |
| corporation or other business; | 39546 |
| (iii) Neither the existing health care facility to which the | 39547 |
| beds are being relocated nor any health care facility owned or | 39548 |
| operated by the applicant or any principal participant in the same | 39549 |
| corporation or other business has had a long-standing pattern of | 39550 |
| violations of this chapter or deficiencies that caused one or more | 39551 |
| residents physical, emotional, mental, or psychosocial harm. | 39552 |
| (b) The director also shall accept for review any application | 39553 |
| 39554 | |
| conversion of infirmary
beds | 39555 |
| if the infirmary
| 39556 |
| (i) Is
operated exclusively by a
religious order | 39557 |
| (ii) Provides care exclusively to members of religious orders | 39558 |
| who take vows of celibacy and live by virtue of their vows within | 39559 |
| the orders as if related | 39560 |
| (iii) Was providing care exclusively to members of such a | 39561 |
| religious order on January 1, 1994. | 39562 |
| (D) The director shall issue a decision regarding any case | 39563 |
| remanded by a court as the result of a decision issued by the | 39564 |
| director prior to July 1, 1993, to grant, deny, or withdraw a | 39565 |
| certificate of need for any of the purposes described in divisions | 39566 |
| (B)(1)(a) to (c) of this section. | 39567 |
| (E) The director shall not project the need for beds listed | 39568 |
| in division (B)(1) of this section for the period beginning July | 39569 |
|
1, 1993, and ending
June 30,
| 39570 |
| This section is an interim section effective until July 1, | 39571 |
| 39572 |
| Sec. 3702.71. As used in sections 3702.71 to 3702.81 of the | 39573 |
| Revised Code: | 39574 |
| (A) "Primary care physician" means an individual who is | 39575 |
| authorized under Chapter 4731. of the Revised Code to practice | 39576 |
| medicine and surgery or osteopathic medicine and surgery and is | 39577 |
| board certified or board eligible in a primary care specialty. | 39578 |
| (B) "Primary care service" means professional comprehensive | 39579 |
| personal health services, which may include health education and | 39580 |
| disease prevention, treatment of uncomplicated health problems, | 39581 |
|
diagnosis of chronic health problems, | 39582 |
| health care services for an individual or a family, and the | 39583 |
| services of a psychiatrist. "Primary care service" also includes | 39584 |
| providing the initial contact for health care services and making | 39585 |
| referrals for secondary and tertiary care and for continuity of | 39586 |
| health care services. | 39587 |
| (C) "Primary care specialty" means general internal medicine, | 39588 |
| pediatrics, obstetrics and gynecology, psychiatry, or family | 39589 |
| practice. | 39590 |
| Sec. 3702.74. (A) A primary care physician who has signed a | 39591 |
| letter of intent under section 3702.73 of the Revised Code, the | 39592 |
| director of health, and the Ohio board of regents may enter into a | 39593 |
| contract for the physician's participation in the physician loan | 39594 |
| repayment program. A lending institution may also be a party to | 39595 |
| the contract. | 39596 |
| (B) The contract shall include all of the following | 39597 |
| obligations: | 39598 |
| (1) The primary care physician agrees to provide primary care | 39599 |
| services in the health resource shortage area identified in the | 39600 |
| letter of intent for at least two years or one year per twenty | 39601 |
| thousand dollars of repayment agreed to under division (B)(3) of | 39602 |
| this section, whichever is greater; | 39603 |
| (2) When providing primary care services in the health | 39604 |
| resource shortage area, the primary care physician agrees to do | 39605 |
| all of the following: | 39606 |
| (a) Provide primary care services for a minimum of forty | 39607 |
| hours per week; | 39608 |
| (b) Provide primary care services without regard to a | 39609 |
| patient's ability to pay; | 39610 |
| (c) Meet the conditions prescribed by the "Social Security | 39611 |
| Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the | 39612 |
| department of job and family services for participation in the | 39613 |
| medical assistance program established under Chapter 5111. of the | 39614 |
| Revised Code and enter into a contract with the department to | 39615 |
| provide primary care services to recipients of the medical | 39616 |
|
assistance
program | 39617 |
| | 39618 |
| 39619 | |
| 39620 | |
| 39621 | |
| 39622 | |
| 39623 |
| (3) The Ohio board of regents agrees, as provided in section | 39624 |
| 3702.75 of the Revised Code, to repay, so long as the primary care | 39625 |
| physician performs the service obligation agreed to under division | 39626 |
| (B)(1) of this section, all or part of the principal and interest | 39627 |
| of a government or other educational loan taken by the primary | 39628 |
| care physician for expenses described in section 3702.75 of the | 39629 |
| Revised Code; | 39630 |
| (4) The primary care physician agrees to pay the board the | 39631 |
| following as damages if the physician fails to complete the | 39632 |
| service obligation agreed to under division (B)(1) of this | 39633 |
| section: | 39634 |
| (a) If the failure occurs during the first two years of the | 39635 |
| service obligation, three times the total amount the board has | 39636 |
| agreed to repay under division (B)(3) of this section; | 39637 |
| (b) If the failure occurs after the first two years of the | 39638 |
| service obligation, three times the amount the board is still | 39639 |
| obligated to repay under division (B)(3) of this section. | 39640 |
| (C) The contract may include any other terms agreed upon by | 39641 |
| the parties, including an assignment to the Ohio board of regents | 39642 |
| of the physician's duty to pay the principal and interest of a | 39643 |
| government or other educational loan taken by the physician for | 39644 |
| expenses described in section 3702.75 of the Revised Code. If the | 39645 |
| board assumes the physician's duty to pay a loan, the contract | 39646 |
| shall set forth the total amount of principal and interest to be | 39647 |
| paid, an amortization schedule, and the amount of each payment to | 39648 |
| be made under the schedule. | 39649 |
| Sec. 3702.83. The department of health shall administer a | 39650 |
| program, to be known as the J-1 visa waiver program, for | 39651 |
| recruiting physicians who received graduate medical education or | 39652 |
| training in the United States but are not citizens of the United | 39653 |
| States to serve in areas of the state designated by the United | 39654 |
| States secretary of health and human services as health | 39655 |
| professional shortage areas under the "Public Health Service Act," | 39656 |
| 88 Stat. 682 (1944), 42 U.S.C. 254(e), as amended. Under the | 39657 |
| program, the department of health shall accept and review | 39658 |
| applications for placement of persons seeking to remain in the | 39659 |
| United States pursuant to the "Immigration and Nationality Act," | 39660 |
| 66 Stat. 163 (1952), 8 U.S.C. 1182(J)(1) and 1184(l), as amended, | 39661 |
| by obtaining a waiver of the federal requirement that they return | 39662 |
| to their home countries for a minimum of two years after | 39663 |
| completing the graduate medical education or training for which | 39664 |
| they were admitted to the United States. The department shall | 39665 |
| administer the program in accordance with the "Immigration and | 39666 |
| Nationality Act" and the regulations adopted under it. | 39667 |
| For each application accepted for review under this section, | 39668 |
| the department shall charge a fee of three thousand five hundred | 39669 |
| seventy-one dollars. The fee is nonrefundable. All fees collected | 39670 |
| shall be deposited into the state treasury to the credit of | 39671 |
| general operations fund created in section 3701.83 of the Revised | 39672 |
| Code. | 39673 |
| Sec. 3703.01. (A) The division of industrial compliance in | 39674 |
| the department of commerce shall: | 39675 |
| (1) Inspect all nonresidential buildings within the meaning | 39676 |
| of section 3781.06 of the Revised Code; | 39677 |
| (2) Condemn all unsanitary or defective plumbing that is | 39678 |
| found in connection with those places; | 39679 |
| (3) Order changes in plumbing necessary to insure the safety | 39680 |
| of the public health. | 39681 |
| (B)(1) The division of industrial compliance and boards of | 39682 |
| health of city and general health districts shall not inspect | 39683 |
| plumbing or collect fees for inspecting plumbing in particular | 39684 |
| types of buildings in any municipal corporation that has been | 39685 |
| certified by the board of building standards under section 3781.10 | 39686 |
| of the Revised Code to exercise enforcement authority for plumbing | 39687 |
| in such types of buildings. | 39688 |
| (2) The division shall not inspect plumbing or collect fees | 39689 |
| for inspecting plumbing in particular types of buildings in any | 39690 |
| health district that has employed one or more approved plumbing | 39691 |
| inspectors to enforce Chapters 3781. and 3791. of the Revised Code | 39692 |
| and the rules adopted pursuant to those chapters relating to | 39693 |
| plumbing in such types of buildings. | 39694 |
| (3) A municipal corporation does not have jurisdiction to | 39695 |
| inspect plumbing or collect fees for the inspection of plumbing in | 39696 |
| types of buildings for which it has not been certified by the | 39697 |
| board of building standards under section 3781.10 of the Revised | 39698 |
| Code to exercise enforcement authority. | 39699 |
| (4) A board of health of a health district does not have | 39700 |
| jurisdiction to inspect plumbing or collect fees for the | 39701 |
| inspection of plumbing in types of buildings for which it does not | 39702 |
| have an approved plumbing inspector. | 39703 |
| (C) The superintendent of industrial compliance shall adopt | 39704 |
| rules prescribing minimum qualifications based on education, | 39705 |
| training,
experience, or demonstrated ability, which the | 39706 |
| superintendent
shall use
in | 39707 |
| plumbing inspectors to do plumbing inspections for health | 39708 |
| districts and for continuing education of plumbing inspectors. | 39709 |
| Such minimum qualifications shall be related to the types of | 39710 |
| buildings for which a person seeks approval. | 39711 |
| (D) The superintendent may enter into reciprocal | 39712 |
| registration, licensure, or certification agreements with other | 39713 |
| states and other agencies of this state relative to plumbing | 39714 |
| inspectors if both of the following apply: | 39715 |
| (1) The requirements for registration, licensure, or | 39716 |
| certification of plumbing inspectors under the laws of the other | 39717 |
| state or laws administered by the other agency are substantially | 39718 |
| equal to the requirements the superintendent adopts under division | 39719 |
| (C) of this section for certifying plumbing inspectors. | 39720 |
| (2) The other state or agency extends similar reciprocity to | 39721 |
| persons certified under this chapter. | 39722 |
| (E) The superintendent may select and contract with one or | 39723 |
| more persons to do all of the following regarding examinations for | 39724 |
| certification of plumbing inspectors: | 39725 |
| (1) Prepare, administer, score, and maintain the | 39726 |
| confidentiality of the examination; | 39727 |
| (2) Maintain responsibility for all expenses required to | 39728 |
| comply with division (E)(1) of this section; | 39729 |
| (3) Charge each applicant a fee for administering the | 39730 |
| examination in an amount the superintendent authorizes; | 39731 |
| (4) Design the examination for certification of plumbing | 39732 |
| inspectors to determine an applicant's competence to inspect | 39733 |
| plumbing. | 39734 |
| (F) Standards and methods prescribed in local plumbing | 39735 |
| regulations shall not be less than those prescribed in Chapters | 39736 |
| 3781. and 3791. of the Revised Code and the rules adopted pursuant | 39737 |
| to those chapters. | 39738 |
| | 39739 |
| the division shall make a plumbing inspection of any building or | 39740 |
| other place that there is reason to believe is in a condition to | 39741 |
| be a menace to the public health. | 39742 |
| Sec. 3703.03. In the administration of sections 3703.01 to | 39743 |
| 3703.09 of the Revised Code, the division of industrial compliance | 39744 |
| 39745 | |
| plumbing adopted by the board of building standards under | 39746 |
| authority of sections 3781.10 and 3781.11 of the Revised Code, and | 39747 |
| register those persons engaged in or at the plumbing business. | 39748 |
| Plans and specifications for all plumbing to be installed in | 39749 |
| or for buildings coming within such sections shall be submitted to | 39750 |
| and approved by the division before the contract for plumbing is | 39751 |
| let. | 39752 |
| Sec. 3703.04. The
| 39753 |
| industrial compliance shall appoint such number of plumbing | 39754 |
| inspectors as is required. The inspectors shall be practical | 39755 |
| plumbers with at least seven years' experience, and skilled and | 39756 |
| well-trained in matters pertaining to sanitary regulations | 39757 |
| concerning plumbing work. | 39758 |
| | 39759 |
| 39760 | |
| 39761 | |
| 39762 | |
| 39763 |
| Sec. 3703.05. Plumbing inspectors employed by the | 39764 |
| division of
| 39765 |
| enforcement of sections 3703.01 to 3703.09 of the
Revised Code | 39766 |
| may, between sunrise and sunset, enter any building where there is | 39767 |
| good and sufficient reason to believe that the sanitary condition | 39768 |
| of the premises endangers the public health, for the purpose of | 39769 |
| making an inspection to ascertain the condition of the premises. | 39770 |
| Sec. 3703.06. When any building is found to be in a sanitary | 39771 |
| condition or when changes which are ordered, under authority of | 39772 |
| this chapter, in the plumbing, drainage, or ventilation have been | 39773 |
| made, and after a thorough inspection and approval by
the | 39774 |
| superintendent of industrial compliance | 39775 |
| 39776 | |
| 39777 | |
| 39778 | |
| the benefit of the public at large. Upon notification by the | 39779 |
| superintendent, the certificate shall be revoked for any violation | 39780 |
| of those sections. | 39781 |
| Sec. 3703.07. No plumbing work shall be done in any building | 39782 |
| or place coming within the jurisdiction of the
| 39783 |
| of | 39784 |
| leaks in existing plumbing, until a permit has been issued by the | 39785 |
| 39786 |
| Before granting such permit, an application shall be made by | 39787 |
| the owner of the property or by the person, firm, or corporation | 39788 |
| which is to do the work. The application shall be made on a form | 39789 |
| prepared by the | 39790 |
| application shall be accompanied by a fee of twenty-seven dollars, | 39791 |
| and an additional fee of seven dollars for each trap, vented | 39792 |
| fixture, appliance, or device. Each application also shall be | 39793 |
| accompanied by a plan approval fee of eighteen dollars for work | 39794 |
| containing one through twenty fixtures; thirty-six dollars for | 39795 |
| work containing twenty-one through forty fixtures; and fifty-four | 39796 |
| dollars for work containing forty-one or more fixtures. | 39797 |
| Whenever a reinspection is made necessary by the failure of | 39798 |
| the applicant or plumbing contractor to have the work ready for | 39799 |
| inspection when so reported, or by reason of faulty or improper | 39800 |
| installation, the person shall pay a fee of forty-five dollars for | 39801 |
| each reinspection. | 39802 |
| All fees collected pursuant to this section shall be paid | 39803 |
| into the state treasury to the credit of the industrial compliance | 39804 |
| operating fund created in section 121.084 of the Revised Code. | 39805 |
| The | 39806 |
| compliance, by rule adopted in accordance with Chapter 119. of the | 39807 |
| Revised Code, may increase the fees required by this section and | 39808 |
| may establish fees to pay the costs of the division to fulfill its | 39809 |
| duties established by this chapter, including, but not limited to, | 39810 |
| fees for administering a program for continuing education for, and | 39811 |
| certifying and recertifying plumbing inspectors. The fees shall | 39812 |
| bear some reasonable relationship to the cost of administering and | 39813 |
| enforcing the provisions of this chapter. | 39814 |
| Sec. 3703.08. Any owner, agent, or manager, of a building in | 39815 |
| which an
inspection is made by the | 39816 |
| industrial compliance, a board of health of a health district, or | 39817 |
| a certified department of building inspection of a municipal | 39818 |
| corporation | 39819 |
| ventilation repaired, as the
| 39820 |
| board of health, or department of building inspection directs by | 39821 |
| its order. After due notice to repair such work is given, the | 39822 |
| owner, agent, or manager shall notify the public authority that | 39823 |
| issued the order when the work is ready for its inspection. No | 39824 |
| person shall fail to have the work ready for inspection at the | 39825 |
| time specified in the notice. | 39826 |
| Sec. 3703.10. All prosecutions and proceedings by the | 39827 |
| 39828 | |
| violation of sections 3703.01 to 3703.09 of the Revised Code, or | 39829 |
| for the
violation of any of the orders or rules of the | 39830 |
| division under those sections, shall be instituted
by the | 39831 |
| superintendent of | 39832 |
| judgments collected by the
| 39833 |
| the state treasury to the credit of the industrial compliance | 39834 |
| operating fund created by section 121.084 of the Revised Code. | 39835 |
| The | 39836 |
| or city health district, or any person charged with enforcing the | 39837 |
| rules of the | 39838 |
| 3703.09 of the Revised Code may petition the court of common pleas | 39839 |
| for injunctive or other appropriate relief requiring any person | 39840 |
| violating a rule adopted or order issued by the | 39841 |
| superintendent under those sections to comply with the rule or | 39842 |
| order. The court of common pleas of the county in which the | 39843 |
| offense is alleged to be occurring may grant injunctive or other | 39844 |
| appropriate relief. | 39845 |
| The superintendent may do all of the following: | 39846 |
| (A) Deny an applicant certification as a plumbing inspector; | 39847 |
| (B) Suspend or revoke the certification of a plumbing | 39848 |
| inspector; | 39849 |
| (C) Examine any certified plumbing inspector under oath; | 39850 |
| (D) Examine the records and books of any certified plumbing | 39851 |
| inspector if the superintendent finds the material to be examined | 39852 |
| relevant to a determination described in division (A), (B), or (C) | 39853 |
| of this section. | 39854 |
| Sec. 3703.99. Whoever violates sections 3703.01 to 3703.09 | 39855 |
| of the Revised
Code, or any rule the
| 39856 |
| 39857 | |
| sections, shall be fined not less than ten nor more than one | 39858 |
| hundred dollars or imprisoned for not less than ten nor more than | 39859 |
| ninety days, or both. No person shall be imprisoned under this | 39860 |
| section for the first offense, and the prosecution always shall be | 39861 |
| as for a first offense unless the affidavit upon which the | 39862 |
| prosecution is instituted contains the allegation that the offense | 39863 |
| is a second or repeated offense. | 39864 |
| Sec. 3704.035. There is hereby created in the state treasury | 39865 |
| the clean air fund. Except as otherwise provided in division (K) | 39866 |
| of section 3745.11 of the Revised Code, all moneys collected under | 39867 |
| divisions (C), (D), (F), (G), (H), (I), and (J) of that section | 39868 |
| and under section 3745.111 of the Revised Code, and any gifts, | 39869 |
| grants, or contributions received by the director of environmental | 39870 |
| protection for the purposes of the fund, shall be credited to the | 39871 |
| fund. The director shall expend moneys from the fund exclusively | 39872 |
| to pay the cost of administering and enforcing the laws of this | 39873 |
| state pertaining to the prevention, control, and abatement of air | 39874 |
| pollution and rules adopted and terms and conditions of permits, | 39875 |
| variances, and orders issued under those laws, except that the | 39876 |
| director shall not expend moneys credited to the fund for the | 39877 |
| administration and enforcement of motor vehicle inspection and | 39878 |
| maintenance programs and requirements under sections 3704.14, | 39879 |
| 3704.141, 3704.16,
3704.161, and 3704.162 | 39880 |
| Revised Code. | 39881 |
| Specifically, the director shall expend all moneys credited | 39882 |
| to the fund from fees assessed under section 3745.11 of the | 39883 |
| Revised Code pursuant to the Title V permit program established | 39884 |
| under section 3704.036 of the Revised Code, and from any gifts, | 39885 |
| grants, or contributions received for the purposes of that | 39886 |
| program, solely to administer and enforce that program pursuant to | 39887 |
| the federal Clean Air Act, this chapter, and rules adopted under | 39888 |
| it, except as costs relating to enforcement are limited by the | 39889 |
| federal Clean Air Act. The director shall establish separate and | 39890 |
| distinct accounting for all such moneys. | 39891 |
| The director shall report biennially to the general assembly | 39892 |
| the amounts of fees and other moneys credited to the fund under | 39893 |
| this section and the amounts expended from it for each of the | 39894 |
| various air pollution control programs. | 39895 |
| Sec. 3704.14. (A) The director of environmental protection | 39896 |
| shall continue to implement an enhanced motor vehicle inspection | 39897 |
| and maintenance program for a period of two years beginning on | 39898 |
| January 1, 2006, and ending on December 31, 2007, in counties in | 39899 |
| which a motor vehicle inspection and maintenance program is | 39900 |
| federally mandated. The program shall be substantially similar to | 39901 |
| the enhanced program implemented in those counties under a | 39902 |
| contract that is scheduled to expire on December 31, 2005. The | 39903 |
| program, at a minimum, shall do all of the following: | 39904 |
| (1) Comply with the federal Clean Air Act; | 39905 |
| (2) Provide for the extension of a contract for a period of | 39906 |
| two years, beginning on January 1, 2006, and ending on December | 39907 |
| 31, 2007, with the contractor who conducted the enhanced motor | 39908 |
| vehicle inspection and maintenance program in those federally | 39909 |
| mandated counties pursuant to a contract entered into under former | 39910 |
| section 3704.14 of the Revised Code as that section existed prior | 39911 |
| to its repeal and reenactment by Am. Sub. H.B. 66 of the 126th | 39912 |
| General Assembly; | 39913 |
| (3) Provide for the issuance of inspection certificates; | 39914 |
| (4) Provide for a new car exemption for motor vehicles four | 39915 |
| years old or newer and provide that a new motor vehicle is exempt | 39916 |
| for four years regardless of whether legal title to the motor | 39917 |
| vehicle is transferred during that period. | 39918 |
| (B) The director shall not implement a motor vehicle | 39919 |
| inspection and maintenance program in any county other than a | 39920 |
| county in which a motor vehicle inspection and maintenance program | 39921 |
| is federally mandated. | 39922 |
| (C) The director shall adopt rules in accordance with Chapter | 39923 |
| 119. of the Revised Code that the director determines are | 39924 |
| necessary to implement this section. The director may continue to | 39925 |
| implement and enforce rules pertaining to the enhanced motor | 39926 |
| vehicle inspection and maintenance program previously implemented | 39927 |
| under former section 3704.14 of the Revised Code as that section | 39928 |
| existed prior to its repeal and reenactment by Am. Sub. H.B. 66 of | 39929 |
| the 126th general assembly, provided that the rules do not | 39930 |
| conflict with this section. | 39931 |
| (D) There is hereby created in the state treasury the motor | 39932 |
| vehicle inspection and maintenance fund, which shall consist of | 39933 |
| money received by the director from any fees for inspections that | 39934 |
| are established in rules adopted under this section. The director | 39935 |
| shall use money in the fund solely for the implementation, | 39936 |
| supervision, administration, operation, and enforcement of the | 39937 |
| enhanced motor vehicle inspection and maintenance program | 39938 |
| established under this section. | 39939 |
| (E) The enhanced motor vehicle inspection and maintenance | 39940 |
| program established under this section expires on December 31, | 39941 |
| 2007, and shall not be continued beyond that date unless otherwise | 39942 |
| federally mandated. | 39943 |
| Sec. 3704.143. (A) As used in this section, "contract" means | 39944 |
| a contract entered into by the state under former section 3704.14 | 39945 |
| of the Revised Code, as that section existed prior to its repeal | 39946 |
| and reenactment by Am. Sub. H.B. 66 of the 126th General Assembly, | 39947 |
| with a private contractor for the purpose of conducting emissions | 39948 |
| inspections under a motor vehicle inspection and maintenance | 39949 |
| program. | 39950 |
| (B) | 39951 |
| in section 3704.14 of
the Revised Code, | 39952 |
| 39953 | |
| Sub. H.B. 66 of the 126th General Assembly, the director of | 39954 |
| environmental protection | 39955 |
| contract that is in existence on September 5, 2001. Further, | 39956 |
| except as authorized in that section, the director | 39957 |
| 39958 | |
| 39959 | |
| upon the expiration or termination of any contract that is in | 39960 |
| existence on September 5, 2001, or enter into any new contract for | 39961 |
| the implementation of a motor vehicle inspection and maintenance | 39962 |
| program in a county in which such a program is not operating on | 39963 |
| that date. | 39964 |
| (C) | 39965 |
| of the Revised Code | 39966 |
| 39967 | |
| 39968 | |
| Sub. H.B. 66 of the 126th General Assembly, upon the expiration or | 39969 |
| termination of all contracts that are in existence on September 5, | 39970 |
| 2001, the director of environmental protection shall terminate all | 39971 |
| motor vehicle inspection and maintenance programs in this state | 39972 |
| and shall not implement a new motor vehicle inspection and | 39973 |
| maintenance
program unless | 39974 |
| program is authorized by the general assembly. | 39975 |
| (D) | 39976 |
| 39977 | |
| 39978 | |
| 39979 | |
| the inspection of motor vehicle emissions under division (C) of | 39980 |
| this section after all contracts for a motor vehicle inspection | 39981 |
| and maintenance program that are in existence on September 5, | 39982 |
| 2001, terminate or expire, a motor vehicle, the legal title to | 39983 |
| which has never been transferred by a manufacturer, distributor, | 39984 |
| or dealer to an ultimate purchaser as defined in section 4517.01 | 39985 |
| of the Revised Code, shall be exempt from any emissions | 39986 |
| inspections that are required under such a program for a period of | 39987 |
| 39988 | |
| first certificate of title to the vehicle was issued on behalf of | 39989 |
| the ultimate purchaser under Chapter 4503. of the Revised Code. A | 39990 |
| motor vehicle that is exempt from any emissions inspections | 39991 |
| 39992 | |
| during that | 39993 |
| the motor vehicle is transferred during that period. | 39994 |
| Sec. 3704.144. Gifts, grants, and contributions for the | 39995 |
| purpose of adding pollution control equipment to diesel-powered | 39996 |
| school buses, including contributions that are made pursuant to | 39997 |
| the settlement of an administrative action or civil action that is | 39998 |
| brought at the request of the director of environmental protection | 39999 |
| pursuant to Chapter 3704., 3714., 3734., 6109., or 6111. of the | 40000 |
| Revised Code, shall be credited to the clean diesel school bus | 40001 |
| fund, which is hereby created in the state treasury. The director | 40002 |
| shall use money credited to the fund to make grants to school | 40003 |
| districts in the state for the purpose of adding pollution control | 40004 |
| equipment to diesel-powered school buses and to pay the | 40005 |
| environmental protection agency's costs incurred in administering | 40006 |
| this section. In addition, the director may use money credited to | 40007 |
| the fund to make grants to school districts for the purpose of | 40008 |
| maintaining pollution control equipment that is installed on | 40009 |
| diesel-powered school buses and to pay the additional cost | 40010 |
| incurred by a school district for using ultra-low sulfur diesel | 40011 |
| fuel instead of diesel fuel for the operation of diesel-powered | 40012 |
| school buses. | 40013 |
| In making grants under this section, the director shall give | 40014 |
| priority to school districts that are located in a county that is | 40015 |
| designated as nonattainment by the United States environmental | 40016 |
| protection agency for the fine particulate national ambient air | 40017 |
| quality standard under the federal Clean Air Act. In addition, the | 40018 |
| director may give a higher priority to a school district that | 40019 |
| employs additional measures that reduce air pollution from the | 40020 |
| district's school bus fleet. | 40021 |
| The director shall adopt rules establishing procedures and | 40022 |
| requirements that are necessary to implement this section, | 40023 |
| including procedures and requirements governing applications for | 40024 |
| grants. | 40025 |
| Sec. 3704.99. (A) Whoever recklessly violates division (A), | 40026 |
| (B), (C), (D), (E), (F), (G), or (I) of section 3704.05 or | 40027 |
| division (B)(5) of section 3704.16 of the Revised Code shall be | 40028 |
| fined not more than twenty-five thousand dollars or imprisoned not | 40029 |
| more than one year, or both, for each violation. Each day the | 40030 |
| violation continues after a conviction for a violation is a | 40031 |
| separate offense. | 40032 |
| (B) Whoever knowingly violates division (H), (J), or (K) of | 40033 |
| section 3704.05 of the Revised Code shall be fined not more than | 40034 |
| ten thousand dollars for each day of each such violation. | 40035 |
| (C) Whoever violates section 3704.15 | 40036 |
| 40037 | |
| guilty of a misdemeanor of the first degree. | 40038 |
| (D) Whoever violates division (B)(2) or knowingly violates | 40039 |
| division (C)(1) of section 3704.16 of the Revised Code is guilty | 40040 |
| of a minor misdemeanor. | 40041 |
| (E) Whoever violates division (B)(1) or (3) or knowingly | 40042 |
| violates division (C)(2) or (3) of section 3704.16 of the Revised | 40043 |
| Code shall be fined not less than five hundred nor more than | 40044 |
| twenty-five hundred dollars for each day of each violation. | 40045 |
| (F) Whoever recklessly violates division (B)(4) of section | 40046 |
| 3704.16 of the Revised Code shall be fined not more than | 40047 |
| twenty-five thousand dollars or imprisoned not more than one year, | 40048 |
| or both, for each violation. Each day the violation continues | 40049 |
| after a conviction for a violation is a separate offense. | 40050 |
| (G) The sentencing court, in addition to the penalty provided | 40051 |
| in divisions (D), (E), and (F) of this section, shall order the | 40052 |
| offender to restore within thirty days any emission control system | 40053 |
| that was tampered with in connection with the violation or to | 40054 |
| provide proof that the motor vehicle whose emission control system | 40055 |
| was tampered with has been dismantled or destroyed. The court may | 40056 |
| extend that deadline for good cause shown. If the offender does | 40057 |
| not take the corrective action ordered under this division, each | 40058 |
| day that the violation continues is a separate offense. Violation | 40059 |
| of a court order entered under this division is punishable as | 40060 |
| contempt under Chapter 2705. of the Revised Code. | 40061 |
| Sec. 3705.24. (A)(1) The public health council shall, in | 40062 |
| accordance with section 111.15 of the Revised Code, adopt rules | 40063 |
| prescribing fees for the following services provided by the state | 40064 |
| office of vital statistics: | 40065 |
| (a) Except as provided in division (A)(4) of this section: | 40066 |
| (i) A certified copy of a vital record or a certification of | 40067 |
| birth; | 40068 |
| (ii) A search by the office of vital statistics of its files | 40069 |
| and records pursuant to a request for information, regardless of | 40070 |
| whether a copy of a record is provided; | 40071 |
| (iii) A copy of a record provided pursuant to a request; | 40072 |
| (b) Replacement of a birth certificate following an adoption, | 40073 |
| legitimation, paternity determination or acknowledgement, or court | 40074 |
| order; | 40075 |
| (c) Filing of a delayed registration of a vital record; | 40076 |
| (d) Amendment of a vital record that is requested later than | 40077 |
| one year after the filing date of the vital record; | 40078 |
| (e) Any other documents or services for which the public | 40079 |
| health council considers the charging of a fee appropriate. | 40080 |
| (2) Fees prescribed under division (A)(1)(a) of this section | 40081 |
| shall not be less than seven dollars. | 40082 |
| (3) Fees prescribed under division (A)(1) of this section | 40083 |
| shall be collected in addition to any | 40084 |
| sections 3109.14 and 3705.242 of the Revised Code. | 40085 |
| (4) Fees prescribed under division (A) of this section shall | 40086 |
| not apply to certifications issued under division (H) of this | 40087 |
| section or copies provided under section 3705.241 of the Revised | 40088 |
| Code. | 40089 |
| (B) In addition to the fees prescribed under division (A) of | 40090 |
| this section or section 3709.09 of the Revised Code, the office of | 40091 |
| vital statistics or the board of health of a city or general | 40092 |
| health district shall charge a five-dollar fee for each certified | 40093 |
| copy of a vital record and each certification of birth. This fee | 40094 |
| shall be deposited in the general operations fund created under | 40095 |
| section 3701.83 of the Revised Code and be used solely toward the | 40096 |
| modernization and automation of the system of vital records in | 40097 |
| this state. A board of health shall forward all fees collected | 40098 |
| under this division to the department of health not later than | 40099 |
| thirty days after the end of each calendar quarter. | 40100 |
| (C) Except as otherwise provided in division (H) of this | 40101 |
| section, and except as provided in section 3705.241 of the Revised | 40102 |
| Code, fees collected by the director of health under sections | 40103 |
| 3705.01 to 3705.29 of the Revised Code shall be paid into the | 40104 |
| state treasury to the credit of the general operations fund | 40105 |
| created by section 3701.83 of the Revised Code. Except as provided | 40106 |
| in division (B) of this section, money generated by the fees shall | 40107 |
| be used only for administration and enforcement of this chapter | 40108 |
| and the rules adopted under it. Amounts submitted to the | 40109 |
| department of health for copies of vital records or services in | 40110 |
| excess of the fees imposed by this section shall be dealt with as | 40111 |
| follows: | 40112 |
| (1) An overpayment of two dollars or less shall be retained | 40113 |
| by the department and deposited in the state treasury to the | 40114 |
| credit of the general operations fund created by section 3701.83 | 40115 |
| of the Revised Code. | 40116 |
| (2) An overpayment in excess of two dollars shall be returned | 40117 |
| to the person who made the overpayment. | 40118 |
| (D) If a local registrar is a salaried employee of a city or | 40119 |
| a general health district, any fees the local registrar receives | 40120 |
| pursuant to section 3705.23 of the Revised Code shall be paid into | 40121 |
| the general fund of the city or the health fund of the general | 40122 |
| health district. | 40123 |
| Each local registrar of vital statistics, or each health | 40124 |
| district where the local registrar is a salaried employee of the | 40125 |
| district, shall be entitled to a fee for each birth, fetal death, | 40126 |
| death, or military service certificate properly and completely | 40127 |
| made out and registered with the local registrar or district and | 40128 |
| correctly copied and forwarded to the office of vital statistics | 40129 |
| in accordance with the population of the primary registration | 40130 |
| district at the last federal census. The fee for each birth, fetal | 40131 |
| death, death, or military service certificate shall be: | 40132 |
| (1) In primary registration districts of over two hundred | 40133 |
| fifty thousand, twenty cents; | 40134 |
| (2) In primary registration districts of over one hundred | 40135 |
| twenty-five thousand and less than two hundred fifty thousand, | 40136 |
| sixty cents; | 40137 |
| (3) In primary registration districts of over fifty thousand | 40138 |
| and less than one hundred twenty-five thousand, eighty cents; | 40139 |
| (4) In primary registration districts of less than fifty | 40140 |
| thousand, one dollar. | 40141 |
| (E) The director of health shall annually certify to the | 40142 |
| county treasurers of the several counties the number of birth, | 40143 |
| fetal death, death, and military service certificates registered | 40144 |
| from their respective counties with the names of the local | 40145 |
| registrars and the amounts due each registrar and health district | 40146 |
| at the rates fixed in this section. Such amounts shall be paid by | 40147 |
| the treasurer of the county in which the registration districts | 40148 |
| are located. No fees shall be charged or collected by registrars | 40149 |
| except as provided by this chapter and section 3109.14 of the | 40150 |
| Revised Code. | 40151 |
| (F) A probate judge shall be paid a fee of fifteen cents for | 40152 |
| each certified abstract of marriage prepared and forwarded by the | 40153 |
| probate judge to the department of health pursuant to section | 40154 |
| 3705.21 of the Revised Code. The fee shall be in addition to the | 40155 |
| fee paid for a marriage license and shall be paid by the | 40156 |
| applicants for the license. | 40157 |
| (G) The clerk of a court of common pleas shall be paid a fee | 40158 |
| of one dollar for each certificate of divorce, dissolution, and | 40159 |
| annulment of marriage prepared and forwarded by the clerk to the | 40160 |
| department pursuant to section 3705.21 of the Revised Code. The | 40161 |
| fee for the certified abstract of divorce, dissolution, or | 40162 |
| annulment of marriage shall be added to the court costs allowed in | 40163 |
| these cases. | 40164 |
| (H) The fee for an heirloom certification of birth issued | 40165 |
| pursuant to division (B)(2) of section 3705.23 of the Revised Code | 40166 |
| shall be an amount prescribed by rule by the director of health | 40167 |
| plus any fee required by section 3109.14 of the Revised Code. In | 40168 |
| setting the amount of the fee, the director shall establish a | 40169 |
| surcharge in addition to an amount necessary to offset the expense | 40170 |
| of processing heirloom certifications of birth. The fee prescribed | 40171 |
| by the director of health pursuant to this division shall be | 40172 |
| deposited into the state treasury to the credit of the heirloom | 40173 |
| certification of birth fund which is hereby created. Money | 40174 |
| credited to the fund shall be used by the office of vital | 40175 |
| statistics to offset the expense of processing heirloom | 40176 |
| certifications of birth. However, the money collected for the | 40177 |
| surcharge, subject to the approval of the controlling board, shall | 40178 |
| be used for the purposes specified by the family and children | 40179 |
| first council pursuant to section 121.37 of the Revised Code. | 40180 |
| Sec. 3705.242. (A)(1) The director of health, a person | 40181 |
| authorized by the director, a local commissioner of health, or a | 40182 |
| local registrar of vital statistics shall charge and collect a fee | 40183 |
| of one dollar and fifty cents for each certified copy of a birth | 40184 |
| record, each certification of birth, and each copy of a death | 40185 |
| record. The fee is in addition to the fee imposed by section | 40186 |
| 3705.24 or any other section of the Revised Code. A local | 40187 |
| commissioner of health or local registrar of vital statistics may | 40188 |
| retain an amount of each additional fee collected, not to exceed | 40189 |
| three per cent of the amount of the additional fee, to be used for | 40190 |
| costs directly related to the collection of the fee and the | 40191 |
| forwarding of the fee to the treasurer of state. | 40192 |
| (2) On the filing of a divorce decree under section 3105.10 | 40193 |
| or a decree of dissolution under section 3105.65 of the Revised | 40194 |
| Code, a court of common pleas shall charge and collect a fee of | 40195 |
| five dollars and fifty cents. The fee is in addition to any other | 40196 |
| court costs or fees. The county clerk of courts may retain an | 40197 |
| amount of each additional fee collected, not to exceed three per | 40198 |
| cent of the amount of the additional fee, to be used for costs | 40199 |
| directly related to the collection of the fee and the forwarding | 40200 |
| of the fee to the treasurer of state. | 40201 |
| (B) The additional fees collected, but not retained, under | 40202 |
| this section during each month shall be forwarded not later than | 40203 |
| the tenth day of the immediately following month to the treasurer | 40204 |
| of state, who shall deposit the fees in the state treasury to the | 40205 |
| credit of the family violence prevention fund, which is hereby | 40206 |
| created. A person or government entity that fails to forward the | 40207 |
| fees in a timely manner, as determined by the treasurer of state, | 40208 |
| shall forward to the treasurer of state, in addition to the fees, | 40209 |
| a penalty equal to ten per cent of the fees. | 40210 |
| The treasurer of state shall invest the moneys in the fund. | 40211 |
| All earnings resulting from investment of the fund shall be | 40212 |
| credited to the fund, except that actual administration costs | 40213 |
| incurred by the treasurer of state in administering the fund may | 40214 |
| be deducted from the earnings resulting from investments. The | 40215 |
| amount that may be deducted shall not exceed three per cent of the | 40216 |
| total amount of fees credited to the fund in each fiscal year. The | 40217 |
| balance of the investment earnings shall be credited to the fund. | 40218 |
| (C) The director of public safety shall use money credited to | 40219 |
| the fund to provide grants to family violence shelters in Ohio. | 40220 |
| Sec. 3712.03. (A) In accordance with Chapter 119. of the | 40221 |
| Revised Code, the public health council shall adopt, and may amend | 40222 |
| and rescind, rules: | 40223 |
| (1) Providing for the licensing of persons or public agencies | 40224 |
| providing hospice care programs within this state by the | 40225 |
| department of health and for the suspension and revocation of | 40226 |
| licenses; | 40227 |
| (2) Establishing a license fee and license renewal fee not to | 40228 |
| exceed three hundred dollars. The fees shall cover the three-year | 40229 |
| period during which an existing license is valid as provided in | 40230 |
| division (B) of section 3712.04 of the Revised Code. | 40231 |
| (3) Establishing an inspection fee not to exceed one thousand | 40232 |
| seven hundred fifty dollars; | 40233 |
| (4) Establishing requirements for hospice care program | 40234 |
| facilities and services; | 40235 |
| | 40236 |
| provision of physical, occupational, or speech or language therapy | 40237 |
| contained in division (A)(2) of section 3712.01 of the Revised | 40238 |
| Code when the requirement would create a hardship because such | 40239 |
| therapy is not readily available in the geographic area served by | 40240 |
| the provider of a hospice care program; | 40241 |
| | 40242 |
| hospice care programs to persons and public agencies that are | 40243 |
| accredited or certified to provide such programs by an entity | 40244 |
| whose standards for accreditation or certification equal or exceed | 40245 |
| those provided for licensure under this chapter and rules adopted | 40246 |
| under it; and | 40247 |
| | 40248 |
| (B) Subject to the approval of the controlling board, the | 40249 |
| public health council may establish fees in excess of the amounts | 40250 |
| provided by sections 3712.01 and 3712.03 to 3712.06 of the Revised | 40251 |
| Code, provided that the fees do not exceed those amounts by | 40252 |
| greater than fifty per cent. | 40253 |
| (C) The department of health shall: | 40254 |
| (1) Grant, suspend, and revoke licenses for hospice care | 40255 |
| programs in accordance with this chapter and rules adopted under | 40256 |
| it; | 40257 |
| (2) Make such inspections as are necessary to determine | 40258 |
| whether hospice care program facilities and services meet the | 40259 |
| requirements of this chapter and rules adopted under it; and | 40260 |
| (3) Implement and enforce this chapter and rules adopted | 40261 |
| under it. | 40262 |
| Sec. 3714.07. (A)(1) For the purpose of assisting boards of | 40263 |
| health and the environmental protection agency in administering | 40264 |
| and enforcing this chapter and rules adopted under it, there is | 40265 |
| hereby levied on the disposal of construction and demolition | 40266 |
| debris at a construction and demolition debris facility that is | 40267 |
| licensed under this chapter or at a solid waste facility that is | 40268 |
| licensed under Chapter 3734. of the Revised Code a fee of thirty | 40269 |
| cents per cubic yard or sixty cents per ton, as applicable. | 40270 |
| (2) The owner or operator of a construction and demolition | 40271 |
| debris facility or a solid waste facility shall determine if cubic | 40272 |
| yards or tons will be used as the unit of measurement. In | 40273 |
| estimating the fee based on cubic yards, the owner or operator | 40274 |
| shall utilize either the maximum cubic yard capacity of the | 40275 |
| container, or the hauling volume of the vehicle, that transports | 40276 |
| the construction and demolition debris to the facility or the | 40277 |
| cubic yards actually logged for disposal by the owner or operator | 40278 |
| in accordance with rules adopted under section 3714.02 of the | 40279 |
| Revised Code. If basing the fee on tonnage, the owner or operator | 40280 |
| shall use certified scales to determine the tonnage of | 40281 |
| construction and demolition debris that is transported to the | 40282 |
| facility for disposal. | 40283 |
| (3) The owner or operator of a construction and demolition | 40284 |
| debris facility or a solid waste facility shall collect the fee | 40285 |
| levied under division (A) of this section as a trustee for the | 40286 |
| health district having jurisdiction over the facility, if that | 40287 |
| district is on the approved list under section 3714.09 of the | 40288 |
| Revised Code, or for the state. The owner or operator shall | 40289 |
| prepare and file with the appropriate board of health or the | 40290 |
| director of environmental protection monthly returns indicating | 40291 |
| the total volume or weight, as applicable, of construction and | 40292 |
| demolition debris received for disposal at the facility and the | 40293 |
| total amount of money required to be collected on the construction | 40294 |
| and demolition debris disposed of during that month. Not later | 40295 |
| than thirty days after the last day of the month to which the | 40296 |
| return applies, the owner or operator shall mail to the board of | 40297 |
| health or the director the return for that month together with the | 40298 |
| money required to be collected on the construction and demolition | 40299 |
| debris disposed of during that month. The owner or operator may | 40300 |
| request, in writing, an extension of not more than thirty days | 40301 |
| after the last day of the month to which the return applies. A | 40302 |
| request for extension may be denied. If the owner or operator | 40303 |
| submits the money late, the owner or operator shall pay a penalty | 40304 |
| of ten per cent of the amount of the money due for each month that | 40305 |
| it is late. | 40306 |
| (4) Of the money that is collected from a construction and | 40307 |
| demolition debris facility or a solid waste facility on a per | 40308 |
| cubic yard or per ton basis under this section, a board of health | 40309 |
| shall transmit three cents per cubic yard or six cents per ton, as | 40310 |
| applicable, to the director not later than forty-five days after | 40311 |
| the receipt of the money. The money retained by a board of health | 40312 |
| under this section shall be paid into a special fund, which is | 40313 |
| hereby created in each health district, and used solely to | 40314 |
| administer and enforce this chapter and rules adopted under it. | 40315 |
| The director shall transmit all money received from the | 40316 |
| boards of health of health districts under this section and all | 40317 |
| money from the disposal fee collected by the director under this | 40318 |
| section to the treasurer of state to be credited to the | 40319 |
| construction and demolition debris facility oversight fund, which | 40320 |
| is hereby created in the state treasury. The fund shall be | 40321 |
| administered by the director, and money credited to the fund shall | 40322 |
| be used exclusively for the administration and enforcement of this | 40323 |
| chapter and rules adopted under it. | 40324 |
| (B) The board of health of a health district or the director | 40325 |
| may enter into an agreement with the owner or operator of a | 40326 |
| construction and demolition debris facility or a solid waste | 40327 |
| facility for the quarterly payment of the money collected from the | 40328 |
| disposal fee. The board of health shall notify the director of any | 40329 |
| such agreement. Not later than forty-five days after receipt of | 40330 |
| the quarterly payment, the board of health shall transmit the | 40331 |
| amount established in division (A) | 40332 |
| director. The money retained by the board of health shall be | 40333 |
| deposited in the special fund of the district as required under | 40334 |
| that division. Upon receipt of the money from a board of health, | 40335 |
| the director shall transmit the money to the treasurer of state to | 40336 |
| be credited to the construction and demolition debris facility | 40337 |
| oversight fund. | 40338 |
| (C) If a construction and demolition debris facility or a | 40339 |
| solid waste facility is located within the territorial boundaries | 40340 |
| of a municipal corporation or the unincorporated area of a | 40341 |
| township, the municipal corporation or township may appropriate up | 40342 |
| to four cents per cubic yard or up to eight cents per ton of the | 40343 |
| disposal fee required to be paid by the facility under division | 40344 |
| (A) of this section for the same purposes that a municipal | 40345 |
| corporation or township may levy a fee under division (C) of | 40346 |
| section 3734.57 of the Revised Code. | 40347 |
| The legislative authority of the municipal corporation or | 40348 |
| township may appropriate the money from the fee by enacting an | 40349 |
| ordinance or adopting a resolution establishing the amount of the | 40350 |
| fee to be appropriated. Upon doing so, the legislative authority | 40351 |
| shall mail a certified copy of the ordinance or resolution to the | 40352 |
| board of health of the health district in which the construction | 40353 |
| and demolition debris facility or the solid waste facility is | 40354 |
| located or, if the facility is located in a health district that | 40355 |
| is not on the approved list under section 3714.09 of the Revised | 40356 |
| Code, to the director. Upon receipt of the copy of the ordinance | 40357 |
| or resolution and not later than forty-five days after receipt of | 40358 |
| money collected from the fee, the board or the director, as | 40359 |
| applicable, shall transmit to the treasurer or other appropriate | 40360 |
| officer of the municipal corporation or clerk of the township that | 40361 |
| portion of the money collected from the disposal fee by the owner | 40362 |
| or operator of the facility that is required by the ordinance or | 40363 |
| resolution to be paid to that municipal corporation or township. | 40364 |
| Money received by the treasurer or other appropriate officer | 40365 |
| of a municipal corporation under this division shall be paid into | 40366 |
| the general fund of the municipal corporation. Money received by | 40367 |
| the clerk of a township under this division shall be paid into the | 40368 |
| general fund of the township. The treasurer or other officer of | 40369 |
| the municipal corporation or the clerk of the township, as | 40370 |
| appropriate, shall maintain separate records of the money received | 40371 |
| under this division. | 40372 |
| The legislative authority of a municipal corporation or | 40373 |
| township may cease collecting money under this division by | 40374 |
| repealing the ordinance or resolution that was enacted or adopted | 40375 |
| under this division. | 40376 |
| (D) The board of county commissioners of a county in which a | 40377 |
| construction and demolition debris facility or a solid waste | 40378 |
| facility is located may appropriate up to three cents per cubic | 40379 |
| yard or up to six cents per ton of the disposal fee required to be | 40380 |
| paid by the facility under division (A) of this section for the | 40381 |
| same purposes that a solid waste management district may levy a | 40382 |
| fee under division (B) of section 3734.57 of the Revised Code. | 40383 |
| The board of county commissioners may appropriate the money | 40384 |
| from the fee by adopting a resolution establishing the amount of | 40385 |
| the fee to be appropriated. Upon doing so, the board of county | 40386 |
| commissioners shall mail a certified copy of the resolution to the | 40387 |
| board of health of the health district in which the construction | 40388 |
| and demolition debris facility or the solid waste facility is | 40389 |
| located or, if the facility is located in a health district that | 40390 |
| is not on the approved list under section 3714.09 of the Revised | 40391 |
| Code, to the director. Upon receipt of the copy of the resolution | 40392 |
| and not later than forty-five days after receipt of money | 40393 |
| collected from the fee, the board of health or the director, as | 40394 |
| applicable, shall transmit to the treasurer of the county that | 40395 |
| portion of the money collected from the disposal fee by the owner | 40396 |
| or operator of the facility that is required by the resolution to | 40397 |
| be paid to that county. | 40398 |
| Money received by a county treasurer under this division | 40399 |
| shall be paid into the general fund of the county. The county | 40400 |
| treasurer shall maintain separate records of the money received | 40401 |
| under this division. | 40402 |
| A board of county commissioners may cease collecting money | 40403 |
| under this division by repealing the resolution that was adopted | 40404 |
| under this division. | 40405 |
| (E)(1) This section does not apply to the disposal of | 40406 |
| construction and demolition debris at a solid waste facility that | 40407 |
| is licensed under Chapter 3734. of the Revised Code if there is no | 40408 |
| construction and demolition debris facility licensed under this | 40409 |
| chapter within | 40410 |
| as determined by a facility's property boundaries. | 40411 |
| (2) This section does not apply to the disposal of | 40412 |
| construction and demolition debris at a solid waste facility that | 40413 |
| is licensed under Chapter 3734. of the Revised Code if the owner | 40414 |
| or operator of the facility chooses to collect fees on the | 40415 |
| disposal of the construction and demolition debris that are | 40416 |
| identical to the fees that are collected under Chapters 343. and | 40417 |
| 3734. of the Revised Code on the disposal of solid wastes at that | 40418 |
| facility. | 40419 |
| (3) This section does not apply to the disposal of source | 40420 |
| separated materials that are exclusively composed of reinforced or | 40421 |
| nonreinforced concrete, asphalt, clay tile, building or paving | 40422 |
| brick, or building or paving stone at a construction and | 40423 |
| demolition debris facility that is licensed under this chapter | 40424 |
| when either of the following applies: | 40425 |
| (a) The materials are placed within the limits of | 40426 |
| construction and demolition debris placement at the facility as | 40427 |
| specified in the license issued to the facility under section | 40428 |
| 3714.06 of the Revised Code, are not placed within the unloading | 40429 |
| zone of the facility, and are used as a fire prevention measure in | 40430 |
| accordance with rules adopted by the director under section | 40431 |
| 3714.02 of the Revised Code. | 40432 |
| (b) The materials are not placed within the unloading zone of | 40433 |
| the facility or within the limits of construction and demolition | 40434 |
| debris placement at the facility as specified in the license | 40435 |
| issued to the facility under section 3714.06 of the Revised Code, | 40436 |
| but are used as fill material, either alone or in conjunction with | 40437 |
| clean soil, sand, gravel, or other clean aggregates, in legitimate | 40438 |
| fill operations for construction purposes at the facility or to | 40439 |
| bring the facility up to a consistent grade. | 40440 |
| Sec. 3714.073. (A) In addition to the fee levied under | 40441 |
| division (A)(1) of section 3714.07 of the Revised Code, beginning | 40442 |
| July 1, 2005, there is hereby levied on the disposal of | 40443 |
| construction and demolition debris at a construction and | 40444 |
| demolition debris facility that is licensed under this chapter or | 40445 |
| at a solid waste facility that is licensed under Chapter 3734. of | 40446 |
| the Revised Code the following fees: | 40447 |
| (1) A fee of twelve and one-half cents per cubic yard or | 40448 |
| twenty-five cents per ton, as applicable, the proceeds of which | 40449 |
| shall be deposited in the state treasury to the credit of the soil | 40450 |
| and water conservation district assistance fund created in section | 40451 |
| 1515.14 of the Revised Code; | 40452 |
| (2) A fee of thirty seven and one-half cents per cubic yard | 40453 |
| or seventy-five cents per ton, as applicable, the proceeds of | 40454 |
| which shall be deposited in the state treasury to the credit of | 40455 |
| the recycling and litter prevention fund created in section | 40456 |
| 1502.02 of the Revised Code. | 40457 |
| (B) The owner or operator of a construction and demolition | 40458 |
| debris facility or a solid waste facility, as a trustee of the | 40459 |
| state, shall collect the fees levied under this section and remit | 40460 |
| the money from the fees in the manner that is established in | 40461 |
| divisions (A)(2) and (3) of section 3714.07 of the Revised Code | 40462 |
| for the fee that is levied under division (A)(1) of that section. | 40463 |
| (C) The money that is collected from a construction and | 40464 |
| demolition debris facility or a solid waste facility and remitted | 40465 |
| to a board of health or the director of environmental protection, | 40466 |
| as applicable, pursuant to this section shall be transmitted by | 40467 |
| the board or director to the treasurer of state to be credited to | 40468 |
| the soil and water conservation district assistance fund or the | 40469 |
| recycling and litter prevention fund, as applicable. | 40470 |
| (D) This section does not apply to the disposal of | 40471 |
| construction and demolition debris at a solid waste facility that | 40472 |
| is licensed under Chapter 3734. of the Revised Code if the owner | 40473 |
| or operator of the facility chooses to collect fees on the | 40474 |
| disposal of the construction and demolition debris that are | 40475 |
| identical to the fees that are collected under Chapters 343. and | 40476 |
| 3734. of the Revised Code on the disposal of solid wastes at that | 40477 |
| facility. | 40478 |
| (E) This section does not apply to the disposal of source | 40479 |
| separated materials that are exclusively composed of reinforced or | 40480 |
| nonreinforced concrete, asphalt, clay tile, building or paving | 40481 |
| brick, or building or paving stone at a construction and | 40482 |
| demolition debris facility that is licensed under this chapter | 40483 |
| when either of the following applies: | 40484 |
| (1) The materials are placed within the limits of | 40485 |
| construction and demolition debris placement at the facility as | 40486 |
| specified in the license issued to the facility under section | 40487 |
| 3714.06 of the Revised Code, are not placed within the unloading | 40488 |
| zone of the facility, and are used as a fire prevention measure in | 40489 |
| accordance with rules adopted by the director under section | 40490 |
| 3714.02 of the Revised Code. | 40491 |
| (2) The materials are not placed within the unloading zone of | 40492 |
| the facility or within the limits of construction and demolition | 40493 |
| debris placement at the facility as specified in the license | 40494 |
| issued to the facility under section 3714.06 of the Revised Code, | 40495 |
| but are used as fill material, either alone or in conjunction with | 40496 |
| clean soil, sand, gravel, or other clean aggregates, in legitimate | 40497 |
| fill operations for construction purposes at the facility or to | 40498 |
| bring the facility up to a consistent grade. | 40499 |
| Sec. 3715.04. (A) As used in this section: | 40500 |
| (1) "Certificate of health and freesale" means a document | 40501 |
| issued by the director of agriculture that certifies to states and | 40502 |
| countries receiving products that the products have been produced | 40503 |
| and warehoused in this state under sanitary conditions at a food | 40504 |
| processing establishment or at a place of business of a | 40505 |
| manufacturer of over-the-counter drugs or cosmetics, as | 40506 |
| applicable, that has been inspected by the department of | 40507 |
| agriculture. Other names of documents that are synonymous with | 40508 |
| "certificate of health and freesale" include, but are not limited | 40509 |
| to, "sanitary certificate of health and freesale"; "certificate of | 40510 |
| origin"; "certificate of freesale"; "certificate of health and | 40511 |
| origin"; "certificate of freesale, sanitary and purity"; and | 40512 |
| "certificate of freesale, health and origin." | 40513 |
| (2) "Food processing establishment" has the same meaning as | 40514 |
| in section 3715.021 of the Revised Code. | 40515 |
| (B) Upon the request of a food processing establishment, | 40516 |
| manufacturer of over-the-counter drugs, or manufacturer of | 40517 |
| cosmetics, the director may issue a certificate of health and | 40518 |
| freesale after determining that conditions at the establishment or | 40519 |
| place of business of the manufacturer, as applicable, have been | 40520 |
| found to be sanitary through an inspection conducted pursuant to | 40521 |
| this chapter. For each certificate issued, the director shall | 40522 |
| charge the establishment or manufacturer a fee in the amount of | 40523 |
| twenty dollars. The director shall deposit all fees collected | 40524 |
| under this section to the credit of the food safety fund created | 40525 |
| in section 915.24 of the Revised Code. | 40526 |
| Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and | 40527 |
| 3721.99 of the Revised Code: | 40528 |
| (1)(a) "Home" means an institution, residence, or facility | 40529 |
| that provides, for a period of more than twenty-four hours, | 40530 |
| whether for a consideration or not, accommodations to three or | 40531 |
| more unrelated individuals who are dependent upon the services of | 40532 |
| others, including a nursing home, residential care facility, home | 40533 |
| for the aging, and a veterans' home operated under Chapter 5907. | 40534 |
| of the Revised Code. | 40535 |
| (b) "Home" also means both of the following: | 40536 |
| (i) Any facility that a person, as defined in section 3702.51 | 40537 |
| of the Revised Code, proposes for certification as a skilled | 40538 |
| nursing facility or nursing facility under Title XVIII or XIX of | 40539 |
| the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, | 40540 |
| as amended, and for which a certificate of need, other than a | 40541 |
| certificate to recategorize hospital beds as described in section | 40542 |
| 3702.522 of the Revised Code or division (R)(7)(d) of the version | 40543 |
| of section 3702.51 of the Revised Code in effect immediately prior | 40544 |
| to April 20, 1995, has been granted to the person under sections | 40545 |
| 3702.51 to 3702.62 of the Revised Code after August 5, 1989; | 40546 |
| (ii) A county home or district home that is or has been | 40547 |
| licensed as a residential care facility. | 40548 |
| (c) "Home" does not mean any of the following: | 40549 |
| (i) Except as provided in division (A)(1)(b) of this section, | 40550 |
| a public hospital or hospital as defined in section 3701.01 or | 40551 |
| 5122.01 of the Revised Code; | 40552 |
| (ii) A residential facility for mentally ill persons as | 40553 |
| defined under section 5119.22 of the Revised Code; | 40554 |
| (iii) A residential facility as defined in section 5123.19 of | 40555 |
| the Revised Code; | 40556 |
| (iv) | 40557 |
| 40558 |
| | 40559 |
| 3724.01 of the Revised Code; | 40560 |
| | 40561 |
| of the Revised Code; | 40562 |
| | 40563 |
| section 3793.01 of the Revised Code; | 40564 |
| | 40565 |
| treatment under section 3793.11 of the Revised Code; | 40566 |
| | 40567 |
| the department of mental retardation and developmental | 40568 |
| disabilities under section 5123.18 of the Revised Code; | 40569 |
| | 40570 |
| licensed under section 3712.04 of the Revised Code that is used | 40571 |
| exclusively for care of hospice patients; | 40572 |
| | 40573 |
| operated by a religious order, provides care exclusively to | 40574 |
| members of religious orders who take vows of celibacy and live by | 40575 |
| virtue of their vows within the orders as if related, and does not | 40576 |
| participate in the medicare program established under Title XVIII | 40577 |
| of the "Social Security Act" or the medical assistance program | 40578 |
| established under Chapter 5111. of the Revised Code and Title XIX | 40579 |
| of the "Social Security Act," if on January 1, 1994, the facility, | 40580 |
| infirmary, or entity was providing care exclusively to members of | 40581 |
| the religious order; | 40582 |
| | 40583 |
| licensed as a residential care facility. | 40584 |
| (2) "Unrelated individual" means one who is not related to | 40585 |
| the owner or operator of a home or to the spouse of the owner or | 40586 |
| operator as a parent, grandparent, child, grandchild, brother, | 40587 |
| sister, niece, nephew, aunt, uncle, or as the child of an aunt or | 40588 |
| uncle. | 40589 |
| (3) "Mental impairment" does not mean mental illness as | 40590 |
| defined in section 5122.01 of the Revised Code or mental | 40591 |
| retardation as defined in section 5123.01 of the Revised Code. | 40592 |
| (4) "Skilled nursing care" means procedures that require | 40593 |
| technical skills and knowledge beyond those the untrained person | 40594 |
| possesses and that are commonly employed in providing for the | 40595 |
| physical, mental, and emotional needs of the ill or otherwise | 40596 |
| incapacitated. "Skilled nursing care" includes, but is not limited | 40597 |
| to, the following: | 40598 |
| (a) Irrigations, catheterizations, application of dressings, | 40599 |
| and supervision of special diets; | 40600 |
| (b) Objective observation of changes in the patient's | 40601 |
| condition as a means of analyzing and determining the nursing care | 40602 |
| required and the need for further medical diagnosis and treatment; | 40603 |
| (c) Special procedures contributing to rehabilitation; | 40604 |
| (d) Administration of medication by any method ordered by a | 40605 |
| physician, such as hypodermically, rectally, or orally, including | 40606 |
| observation of the patient after receipt of the medication; | 40607 |
| (e) Carrying out other treatments prescribed by the physician | 40608 |
| that involve a similar level of complexity and skill in | 40609 |
| administration. | 40610 |
| (5)(a) "Personal care services" means services including, but | 40611 |
| not limited to, the following: | 40612 |
| (i) Assisting residents with activities of daily living; | 40613 |
| (ii) Assisting residents with self-administration of | 40614 |
| medication, in accordance with rules adopted under section 3721.04 | 40615 |
| of the Revised Code; | 40616 |
| (iii) Preparing special diets, other than complex therapeutic | 40617 |
| diets, for residents pursuant to the instructions of a physician | 40618 |
| or a licensed dietitian, in accordance with rules adopted under | 40619 |
| section 3721.04 of the Revised Code. | 40620 |
| (b) "Personal care services" does not include "skilled | 40621 |
| nursing care" as defined in division (A)(4) of this section. A | 40622 |
| facility need not provide more than one of the services listed in | 40623 |
| division (A)(5)(a) of this section to be considered to be | 40624 |
| providing personal care services. | 40625 |
| (6) "Nursing home" means a home used for the reception and | 40626 |
| care of individuals who by reason of illness or physical or mental | 40627 |
| impairment require skilled nursing care and of individuals who | 40628 |
| require personal care services but not skilled nursing care. A | 40629 |
| nursing home is licensed to provide personal care services and | 40630 |
| skilled nursing care. | 40631 |
| (7) "Residential care facility" means a home that provides | 40632 |
| either of the following: | 40633 |
| (a) Accommodations for seventeen or more unrelated | 40634 |
| individuals and supervision and personal care services for three | 40635 |
| or more of those individuals who are dependent on the services of | 40636 |
| others by reason of age or physical or mental impairment; | 40637 |
| (b) Accommodations for three or more unrelated individuals, | 40638 |
| supervision and personal care services for at least three of those | 40639 |
| individuals who are dependent on the services of others by reason | 40640 |
| of age or physical or mental impairment, and, to at least one of | 40641 |
| those individuals, any of the skilled nursing care authorized by | 40642 |
| section 3721.011 of the Revised Code. | 40643 |
| (8) "Home for the aging" means a home that provides services | 40644 |
| as a residential care facility and a nursing home, except that the | 40645 |
| home provides its services only to individuals who are dependent | 40646 |
| on the services of others by reason of both age and physical or | 40647 |
| mental impairment. | 40648 |
| The part or unit of a home for the aging that provides | 40649 |
| services only as a residential care facility is licensed as a | 40650 |
| residential care facility. The part or unit that may provide | 40651 |
| skilled nursing care beyond the extent authorized by section | 40652 |
| 3721.011 of the Revised Code is licensed as a nursing home. | 40653 |
| (9) "County home" and "district home" mean a county home or | 40654 |
| district home operated under Chapter 5155. of the Revised Code. | 40655 |
| (B) The public health council may further classify homes. For | 40656 |
| the purposes of this chapter, any residence, institution, hotel, | 40657 |
| congregate housing project, or similar facility that meets the | 40658 |
| definition of a home under this section is such a home regardless | 40659 |
| of how the facility holds itself out to the public. | 40660 |
| (C) For purposes of this chapter, personal care services or | 40661 |
| skilled nursing care shall be considered to be provided by a | 40662 |
| facility if they are provided by a person employed by or | 40663 |
| associated with the facility or by another person pursuant to an | 40664 |
| agreement to which neither the resident who receives the services | 40665 |
| nor the resident's sponsor is a party. | 40666 |
| (D) Nothing in division (A)(4) of this section shall be | 40667 |
| construed to permit skilled nursing care to be imposed on an | 40668 |
| individual who does not require skilled nursing care. | 40669 |
| Nothing in division (A)(5) of this section shall be construed | 40670 |
| to permit personal care services to be imposed on an individual | 40671 |
| who is capable of performing the activity in question without | 40672 |
| assistance. | 40673 |
| (E) Division (A)(1)(c) | 40674 |
| prohibit a facility, infirmary, or other entity described in that | 40675 |
| division from seeking licensure under sections 3721.01 to 3721.09 | 40676 |
| of the Revised Code or certification under Title XVIII or XIX of | 40677 |
| the "Social Security Act." However, such a facility, infirmary, or | 40678 |
| entity that applies for licensure or certification must meet the | 40679 |
| requirements of those sections or titles and the rules adopted | 40680 |
| under them and obtain a certificate of need from the director of | 40681 |
| health under section 3702.52 of the Revised Code. | 40682 |
| (F) Nothing in this chapter, or rules adopted pursuant to it, | 40683 |
| shall be construed as authorizing the supervision, regulation, or | 40684 |
| control of the spiritual care or treatment of residents or | 40685 |
| patients in any home who rely upon treatment by prayer or | 40686 |
| spiritual means in accordance with the creed or tenets of any | 40687 |
| recognized church or religious denomination. | 40688 |
| Sec. 3721.011. (A) In addition to providing accommodations, | 40689 |
| supervision, and personal care services to its residents, a | 40690 |
| residential care facility may provide skilled nursing care as | 40691 |
| follows: | 40692 |
| (1) Supervision of special diets; | 40693 |
| (2) Application of dressings, in accordance with rules | 40694 |
| adopted under section 3721.04 of the Revised Code; | 40695 |
| (3) Providing for the administration of medication to | 40696 |
| residents, to the extent authorized under division (B)(1) of this | 40697 |
| section; | 40698 |
| (4) Other skilled nursing care provided on a part-time, | 40699 |
| intermittent basis pursuant to division (C) of this section. | 40700 |
| A residential care facility may not admit or retain an | 40701 |
| individual requiring skilled nursing care that is not authorized | 40702 |
| by this section. A residential care facility may not provide | 40703 |
| skilled nursing care beyond the limits established by this | 40704 |
| section. | 40705 |
| (B)(1) A residential care facility may admit or retain an | 40706 |
| individual requiring medication, including biologicals, only if | 40707 |
| the individual's personal physician has determined in writing that | 40708 |
| the individual is capable of self-administering the medication or | 40709 |
| the facility provides for the medication to be administered to the | 40710 |
| individual by a home health agency certified under Title XVIII of | 40711 |
| the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, | 40712 |
| as amended; a hospice care program licensed under Chapter 3712. of | 40713 |
| the Revised Code; or a member of the staff of the residential care | 40714 |
| facility who is qualified to perform medication administration. | 40715 |
| Medication may be administered in a residential care facility only | 40716 |
| by the following persons authorized by law to administer | 40717 |
| medication: | 40718 |
| (a) A registered nurse licensed under Chapter 4723. of the | 40719 |
| Revised Code; | 40720 |
| (b) A licensed practical nurse licensed under Chapter 4723. | 40721 |
| of the Revised Code who holds proof of successful completion of a | 40722 |
| course in medication administration approved by the board of | 40723 |
| nursing and who administers the medication only at the direction | 40724 |
| of a registered nurse or a physician authorized under Chapter | 40725 |
| 4731. of the Revised Code to practice medicine and surgery or | 40726 |
| osteopathic medicine and surgery; | 40727 |
| (c) A medication aide certified under Chapter 4723. of the | 40728 |
| Revised Code; | 40729 |
| (d) A physician authorized under Chapter 4731. of the Revised | 40730 |
| Code to practice medicine and surgery or osteopathic medicine and | 40731 |
| surgery. | 40732 |
| (2) In assisting a resident with self-administration of | 40733 |
| medication, any member of the staff of a residential care facility | 40734 |
| may do the following: | 40735 |
| (a) Remind a resident when to take medication and watch to | 40736 |
| ensure that the resident follows the directions on the container; | 40737 |
| (b) Assist a resident by taking the medication from the | 40738 |
| locked area where it is stored, in accordance with rules adopted | 40739 |
| pursuant to section 3721.04 of the Revised Code, and handing it to | 40740 |
| the resident. If the resident is physically unable to open the | 40741 |
| container, a staff member may open the container for the resident. | 40742 |
| (c) Assist a physically impaired but mentally alert resident, | 40743 |
| such as a resident with arthritis, cerebral palsy, or Parkinson's | 40744 |
| disease, in removing oral or topical medication from containers | 40745 |
| and in consuming or applying the medication, upon request by or | 40746 |
| with the consent of the resident. If a resident is physically | 40747 |
| unable to place a dose of medicine to the resident's mouth without | 40748 |
| spilling it, a staff member may place the dose in a container and | 40749 |
| place the container to the mouth of the resident. | 40750 |
| (C) A residential care facility may admit or retain | 40751 |
| individuals who require skilled nursing care beyond the | 40752 |
| supervision of special diets, application of dressings, or | 40753 |
| administration of medication, only if the care will be provided on | 40754 |
| a part-time, intermittent basis for not more than a total of one | 40755 |
| hundred twenty days in any twelve-month period. In accordance with | 40756 |
| Chapter 119. of the Revised Code, the public health council shall | 40757 |
| adopt rules specifying what constitutes the need for skilled | 40758 |
| nursing care on a part-time, intermittent basis. The council shall | 40759 |
| adopt rules that are consistent with rules pertaining to home | 40760 |
| health care adopted by the director of job and family services for | 40761 |
| the medical assistance program established under Chapter 5111. of | 40762 |
| the Revised Code. Skilled nursing care provided pursuant to this | 40763 |
| division may be provided by a home health agency certified under | 40764 |
| Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 | 40765 |
| U.S.C.A. 301, as amended, a hospice care program licensed under | 40766 |
| Chapter 3712. of the Revised Code, or a member of the staff of a | 40767 |
| residential care facility who is qualified to perform skilled | 40768 |
| nursing care. | 40769 |
| A residential care facility that provides skilled nursing | 40770 |
| care pursuant to this division shall do both of the following: | 40771 |
| (1) Evaluate each resident receiving the skilled nursing care | 40772 |
| at least once every seven days to determine whether the resident | 40773 |
| should be transferred to a nursing home; | 40774 |
| (2) Meet the skilled nursing care needs of each resident | 40775 |
| receiving the care. | 40776 |
| (D) Notwithstanding any other provision of this chapter, a | 40777 |
| residential care facility in which residents receive skilled | 40778 |
| nursing care pursuant to this section is not a nursing home. | 40779 |
| Sec. 3721.02. (A) The director of health shall license homes | 40780 |
| and establish procedures to be followed in inspecting and | 40781 |
| licensing homes. The director may inspect a home at any time. Each | 40782 |
| home shall be inspected by the director at least once prior to the | 40783 |
| issuance of a license and at least once every fifteen months | 40784 |
| thereafter. The state fire marshal or a township, municipal, or | 40785 |
| other legally constituted fire department approved by the marshal | 40786 |
| shall also inspect a home prior to issuance of a license, at least | 40787 |
| once every fifteen months thereafter, and at any other time | 40788 |
| requested by the director. A home does not have to be inspected | 40789 |
| prior to issuance of a license by the director, state fire | 40790 |
| marshal, or a fire department if ownership of the home is assigned | 40791 |
| or transferred to a different person and the home was licensed | 40792 |
| under this chapter immediately prior to the assignment or | 40793 |
| transfer. The director may enter at any time, for the purposes of | 40794 |
| investigation, any institution, residence, facility, or other | 40795 |
| structure that has been reported to the director or that the | 40796 |
| director has reasonable cause to believe is operating as a nursing | 40797 |
| home, residential care facility, or home for the aging without a | 40798 |
| valid license required by section 3721.05 of the Revised Code or, | 40799 |
| in the case of a county home or district home, is operating | 40800 |
| despite the revocation of its residential care facility license. | 40801 |
| The director may delegate the director's authority and duties | 40802 |
| under this chapter to any division, bureau, agency, or official of | 40803 |
| the department of health. | 40804 |
| (B) A single facility may be licensed both as a nursing home | 40805 |
| pursuant to this chapter and as an adult care facility pursuant to | 40806 |
| Chapter 3722. of the Revised Code if the director determines that | 40807 |
| the part or unit to be licensed as a nursing home can be | 40808 |
| maintained separate and discrete from the part or unit to be | 40809 |
| licensed as an adult care facility. | 40810 |
| (C) In determining the number of residents in a home for the | 40811 |
| purpose of licensing, the director shall consider all the | 40812 |
| individuals for whom the home provides accommodations as one group | 40813 |
| unless one of the following is the case: | 40814 |
| (1) The home is a home for the aging, in which case all the | 40815 |
| individuals in the part or unit licensed as a nursing home shall | 40816 |
| be considered as one group, and all the individuals in the part or | 40817 |
| unit licensed as a rest home shall be considered as another group. | 40818 |
| (2) The home is both a nursing home and an adult care | 40819 |
| facility. In that case, all the individuals in the part or unit | 40820 |
| licensed as a nursing home shall be considered as one group, and | 40821 |
| all the individuals in the part or unit licensed as an adult care | 40822 |
| facility shall be considered as another group. | 40823 |
| (3) The home maintains, in addition to a nursing home or | 40824 |
| residential care facility, a separate and discrete part or unit | 40825 |
| that provides accommodations to individuals who do not require or | 40826 |
| receive skilled nursing care and do not receive personal care | 40827 |
| services from the home, in which case the individuals in the | 40828 |
| separate and discrete part or unit shall not be considered in | 40829 |
| determining the number of residents in the home if the separate | 40830 |
| and discrete part or unit is in compliance with the Ohio basic | 40831 |
| building code established by the board of building standards under | 40832 |
| Chapters 3781. and 3791. of the Revised Code and the home permits | 40833 |
| the director, on request, to inspect the separate and discrete | 40834 |
| part or unit and speak with the individuals residing there, if | 40835 |
| they consent, to determine whether the separate and discrete part | 40836 |
| or unit meets the requirements of this division. | 40837 |
| (D) The director of health shall charge an application fee | 40838 |
| and an annual renewal licensing and inspection fee of one hundred | 40839 |
| 40840 | |
| home's licensed capacity. All fees collected by the director for | 40841 |
| the issuance or renewal of licenses shall be deposited into the | 40842 |
| state treasury to the credit of the general operations fund | 40843 |
| created in section 3701.83 of the Revised Code for use only in | 40844 |
| administering and enforcing this chapter and rules adopted under | 40845 |
| it. | 40846 |
| (E)(1) Except as otherwise provided in this section, the | 40847 |
| results of an inspection or investigation of a home that is | 40848 |
| conducted under this section, including any statement of | 40849 |
| deficiencies and all findings and deficiencies cited in the | 40850 |
| statement on the basis of the inspection or investigation, shall | 40851 |
| be used solely to determine the home's compliance with this | 40852 |
| chapter or another chapter of the Revised Code in any action or | 40853 |
| proceeding other than an action commenced under division (I) of | 40854 |
| section 3721.17 of the Revised Code. Those results of an | 40855 |
| inspection or investigation, that statement of deficiencies, and | 40856 |
| the findings and deficiencies cited in that statement shall not be | 40857 |
| used in any court or in any action or proceeding that is pending | 40858 |
| in any court and are not admissible in evidence in any action or | 40859 |
| proceeding unless that action or proceeding is an appeal of an | 40860 |
| action by the department of health under this chapter or is an | 40861 |
| action by any department or agency of the state to enforce this | 40862 |
| chapter or another chapter of the Revised Code. | 40863 |
| (2) Nothing in division (E)(1) of this section prohibits the | 40864 |
| results of an inspection or investigation conducted under this | 40865 |
| section from being used in a criminal investigation or | 40866 |
| prosecution. | 40867 |
| Sec. 3721.03. | 40868 |
| the same meaning as in section 1.59 of the Revised Code. | 40869 |
| (B) The director of health shall enforce the provisions of | 40870 |
| sections 3721.01 to | 40871 |
| Code and may issue orders to secure compliance with the provisions | 40872 |
| of these sections and the rules adopted under them. The director | 40873 |
| may hold hearings, issue subpoenas, compel testimony, and make | 40874 |
|
adjudications. | 40875 |
| The director may issue an order revoking a license in the | 40876 |
| event the director finds, upon hearing or opportunity afforded | 40877 |
| 40878 | |
| the following apply to a person | 40879 |
| 40880 | |
|
3721.07 of the Revised Code | 40881 |
| (1) Has violated any of the provisions of Chapter 3721. of | 40882 |
| the Revised Code or rules adopted by the public health council | 40883 |
| under it; | 40884 |
| (2) Has violated any
order issued by the director; | 40885 |
| (3) Is not, or any of its principals are not suitable, | 40886 |
| morally or financially to operate such an
institution; | 40887 |
| (4) Is not furnishing humane, kind, and adequate treatment | 40888 |
| and care | 40889 |
| 40890 |
| (5) Has had a long-standing pattern of violations of this | 40891 |
| chapter or the rules adopted under it that has caused physical, | 40892 |
| emotional, mental, or psychosocial harm to one or more residents. | 40893 |
| 40894 |
| Upon the issuance of any order of revocation, the person | 40895 |
| whose license is revoked, or the county home or district home that | 40896 |
| has its license revoked, may appeal in accordance with Chapter | 40897 |
| 119. of the Revised Code. | 40898 |
| | 40899 |
| 40900 | |
| 40901 | |
| 40902 | |
| 40903 | |
| 40904 | |
| 40905 | |
| 40906 | |
| 40907 | |
| 40908 | |
| 40909 |
| | 40910 |
| 40911 | |
| 40912 | |
| 40913 | |
| 40914 | |
| Once the director notifies a person, county home, or district home | 40915 |
| licensed to operate a home that the license may be revoked or | 40916 |
| issues any order under this section, the person, county home, or | 40917 |
| district home shall not assign or transfer to another person or | 40918 |
| entity the right to operate the home. This prohibition shall | 40919 |
| remain in effect until proceedings under Chapter 119. of the | 40920 |
| Revised Code concerning the order or license revocation have been | 40921 |
| concluded or the director notifies the person, county home, or | 40922 |
| district home that the prohibition has been lifted. | 40923 |
| If a license is revoked under this section, the former | 40924 |
| license holder shall not assign or transfer or consent to | 40925 |
| assignment or transfer of the right to operate the home. Any | 40926 |
| attempted assignment or transfer to another person or entity is | 40927 |
| void. | 40928 |
| On revocation of a license, the former licensee shall take | 40929 |
| all necessary steps to cease operation of the home. | 40930 |
| The director of health shall not accept a certificate of need | 40931 |
| application under section 3702.52 of the Revised Code regarding a | 40932 |
| home if the license to operate the home has been revoked under | 40933 |
| this section. | 40934 |
| Sec. 3721.032. The state fire marshal shall enforce all | 40935 |
| statutes and rules pertaining to fire safety in homes and shall | 40936 |
| adopt rules pertaining to fire safety in homes as the marshal | 40937 |
| determines necessary. The rules adopted by the marshal shall be in | 40938 |
| addition to those fire safety rules that the board of building | 40939 |
| standards and the public health council are empowered to adopt. In | 40940 |
| the event of a dispute between the marshal and another officer | 40941 |
| having responsibilities under sections 3721.01 to 3721.09 of the | 40942 |
| Revised Code with respect to the interpretation or application of | 40943 |
| a specific fire safety statute or rule, the interpretation of the | 40944 |
| marshal shall prevail. | 40945 |
| Sec. 3721.07. Every person desiring to operate a home and | 40946 |
| the superintendent or administrator of each county home or | 40947 |
| district home for which a license as a residential care facility | 40948 |
| is sought shall apply for a license to the director of health. The | 40949 |
| director shall issue a license for the home, if after | 40950 |
| investigation of the applicant and, if required by section 3721.02 | 40951 |
| of the Revised Code, inspection of the home, the following | 40952 |
| requirements or conditions are satisfied or complied with: | 40953 |
| (A) The applicant has not been convicted of a felony or a | 40954 |
| crime involving moral turpitude; | 40955 |
| (B) The applicant is not violating any of the rules made by | 40956 |
| the public health council or any order issued by the director of | 40957 |
| health; | 40958 |
| (C) The applicant has not had a license to operate the home | 40959 |
| revoked pursuant to section 3721.03 of the Revised Code because of | 40960 |
| any act or omission that jeopardized a resident's health, welfare, | 40961 |
| or safety nor has the applicant had a long-standing pattern of | 40962 |
| violations of this chapter or rules adopted under it that caused | 40963 |
| physical, emotional, mental, or psychosocial harm to one or more | 40964 |
| residents. | 40965 |
| (D) The buildings in which the home is housed have been | 40966 |
| approved by the state fire marshal or a township, municipal, or | 40967 |
| other legally constituted fire department approved by the marshal. | 40968 |
| In the approval of a home such agencies shall apply standards | 40969 |
| prescribed by the board of building standards, and by the state | 40970 |
| fire marshal, and by section 3721.071 of the Revised Code. | 40971 |
| | 40972 |
| principal participants, if it is an association or a corporation, | 40973 |
| is or are suitable financially and morally to operate a home; | 40974 |
| | 40975 |
| adequate treatment and care; | 40976 |
| | 40977 |
| (1) Facilities for the performance of major surgical | 40978 |
| procedures; | 40979 |
| (2) Facilities for providing therapeutic radiation; | 40980 |
| (3) An emergency ward; | 40981 |
| (4) A clinical laboratory unless it is under the supervision | 40982 |
| of a clinical pathologist who is a licensed physician in this | 40983 |
| state; | 40984 |
| (5) Facilities for radiological examinations unless such | 40985 |
| examinations are performed only by a person licensed to practice | 40986 |
| medicine, surgery, or dentistry in this state. | 40987 |
| | 40988 |
| upon the written orders of a physician licensed in this state, | 40989 |
| maternity cases, boarding children, and does not house transient | 40990 |
| guests, other than participants in an adult day-care program, for | 40991 |
| twenty-four hours or less; | 40992 |
| | 40993 |
| 3721.29 of the Revised Code. | 40994 |
| When the director issues a license, the license shall remain | 40995 |
| in effect until revoked by the director or voided at the request | 40996 |
| of the applicant; provided, there shall be an annual renewal fee | 40997 |
| payable during the month of January of each calendar year. Any | 40998 |
| licensed home that does not pay its renewal fee in January shall | 40999 |
| pay, beginning the first day of February, a late fee of one | 41000 |
| hundred dollars for each week or part thereof that the renewal fee | 41001 |
| is not paid. If either the renewal fee or the late fee is not paid | 41002 |
| by the fifteenth day of February, the director may, in accordance | 41003 |
| with Chapter 119. of the Revised Code, revoke the home's license. | 41004 |
| If, under division (B)(5) of section 3721.03 of the Revised | 41005 |
| Code, the license of a person has been revoked or the license of a | 41006 |
| county home or district home to operate as a residential care | 41007 |
| facility has been revoked, the director of health shall not issue | 41008 |
| a license to the person or home at any time. A person whose | 41009 |
| license is revoked, and a county home or district home that has | 41010 |
| its license as a residential care facility revoked other than | 41011 |
| under division (B)(5) of section 3721.03 of the Revised Code, for | 41012 |
| any reason other than nonpayment of the license renewal fee or | 41013 |
| late fees | 41014 |
| this chapter until a period of one year following the date of | 41015 |
| revocation has elapsed. | 41016 |
| Any applicant who is denied a license may appeal in | 41017 |
| accordance with Chapter 119. of the Revised Code. | 41018 |
| Sec. 3721.121. (A) As used in this section: | 41019 |
| (1) "Adult day-care program" means a program operated | 41020 |
| pursuant to rules adopted by the public health council under | 41021 |
| section 3721.04 of the Revised Code and provided by and on the | 41022 |
| same site as homes licensed under this chapter. | 41023 |
| (2) "Applicant" means a person who is under final | 41024 |
| consideration for employment with a home or adult day-care program | 41025 |
| in a full-time, part-time, or temporary position that involves | 41026 |
| providing direct care to an older adult. "Applicant" does not | 41027 |
| include a person who provides direct care as a volunteer without | 41028 |
| receiving or expecting to receive any form of remuneration other | 41029 |
| than reimbursement for actual expenses. | 41030 |
| (3) "Criminal records check" and "older adult" have the same | 41031 |
| meanings as in section 109.572 of the Revised Code. | 41032 |
| (4) "Home" means a home as defined in section 3721.10 of the | 41033 |
| Revised Code. | 41034 |
| (B)(1) Except as provided in division (I) of this section, | 41035 |
| the chief administrator of a home or adult day-care program shall | 41036 |
| request that the superintendent of the bureau of criminal | 41037 |
| identification and investigation conduct a criminal records check | 41038 |
| with respect to each applicant. If an applicant for whom a | 41039 |
| criminal records check request is required under this division | 41040 |
| does not present proof of having been a resident of this state for | 41041 |
| the five-year period immediately prior to the date the criminal | 41042 |
| records check is requested or provide evidence that within that | 41043 |
| five-year period the superintendent has requested information | 41044 |
| about the applicant from the federal bureau of investigation in a | 41045 |
| criminal records check, the chief administrator shall request that | 41046 |
| the superintendent obtain information from the federal bureau of | 41047 |
| investigation as part of the criminal records check of the | 41048 |
| applicant. Even if an applicant for whom a criminal records check | 41049 |
| request is required under this division presents proof of having | 41050 |
| been a resident of this state for the five-year period, the chief | 41051 |
| administrator may request that the superintendent include | 41052 |
| information from the federal bureau of investigation in the | 41053 |
| criminal records check. | 41054 |
| (2) A person required by division (B)(1) of this section to | 41055 |
| request a criminal records check shall do both of the following: | 41056 |
| (a) Provide to each applicant for whom a criminal records | 41057 |
| check request is required under that division a copy of the form | 41058 |
| prescribed pursuant to division (C)(1) of section 109.572 of the | 41059 |
| Revised Code and a standard fingerprint impression sheet | 41060 |
| prescribed pursuant to division (C)(2) of that section, and obtain | 41061 |
| the completed form and impression sheet from the applicant; | 41062 |
| (b) Forward the completed form and impression sheet to the | 41063 |
| superintendent of the bureau of criminal identification and | 41064 |
| investigation. | 41065 |
| (3) An applicant provided the form and fingerprint impression | 41066 |
| sheet under division (B)(2)(a) of this section who fails to | 41067 |
| complete the form or provide fingerprint impressions shall not be | 41068 |
| employed in any position for which a criminal records check is | 41069 |
| required by this section. | 41070 |
| (C)(1) Except as provided in rules adopted by the director of | 41071 |
| health in accordance with division (F) of this section and subject | 41072 |
| to division (C)(2) of this section, no home or adult day-care | 41073 |
| program shall employ a person in a position that involves | 41074 |
| providing direct care to an older adult if the person has been | 41075 |
| convicted of or pleaded guilty to any of the following: | 41076 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 41077 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 41078 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 41079 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 41080 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 41081 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 41082 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 41083 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 41084 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code. | 41085 |
| (b) A violation of an existing or former law of this state, | 41086 |
| any other state, or the United States that is substantially | 41087 |
| equivalent to any of the offenses listed in division (C)(1)(a) of | 41088 |
| this section. | 41089 |
| (2)(a) A home or an adult day-care program may employ | 41090 |
| conditionally an applicant for whom a criminal records check | 41091 |
| request is required under division (B) of this section prior to | 41092 |
| obtaining the results of a criminal records check regarding the | 41093 |
| individual, provided that the home or program shall request a | 41094 |
| criminal records check regarding the individual in accordance with | 41095 |
| division (B)(1) of this section not later than five business days | 41096 |
| after the individual begins conditional employment. In the | 41097 |
| circumstances described in division (I)(2) of this section, a home | 41098 |
| or adult day-care program may employ conditionally an applicant | 41099 |
| who has been referred to the home or adult day-care program by an | 41100 |
| employment service that supplies full-time, part-time, or | 41101 |
| temporary staff for positions involving the direct care of older | 41102 |
| adults and for whom, pursuant to that division, a criminal records | 41103 |
| check is not required under division (B) of this section. | 41104 |
| (b) A home or adult day-care program that employs an | 41105 |
| individual conditionally under authority of division (C)(2)(a) of | 41106 |
| this section shall terminate the individual's employment if the | 41107 |
| results of the criminal records check requested under division (B) | 41108 |
| of this section or described in division (I)(2) of this section, | 41109 |
| other than the results of any request for information from the | 41110 |
| federal bureau of investigation, are not obtained within the | 41111 |
| period ending thirty days after the date the request is made. | 41112 |
| Regardless of when the results of the criminal records check are | 41113 |
| obtained, if the results indicate that the individual has been | 41114 |
| convicted of or pleaded guilty to any of the offenses listed or | 41115 |
| described in division (C)(1) of this section, the home or program | 41116 |
| shall terminate the individual's employment unless the home or | 41117 |
| program chooses to employ the individual pursuant to division (F) | 41118 |
| of this section. Termination of employment under this division | 41119 |
| shall be considered just cause for discharge for purposes of | 41120 |
| division (D)(2) of section 4141.29 of the Revised Code if the | 41121 |
| individual makes any attempt to deceive the home or program about | 41122 |
| the individual's criminal record. | 41123 |
| (D)(1) Each home or adult day-care program shall pay to the | 41124 |
| bureau of criminal identification and investigation the fee | 41125 |
| prescribed pursuant to division (C)(3) of section 109.572 of the | 41126 |
| Revised Code for each criminal records check conducted pursuant to | 41127 |
| a request made under division (B) of this section. | 41128 |
| (2) A home or adult day-care program may charge an applicant | 41129 |
| a fee not exceeding the amount the home or program pays under | 41130 |
| division (D)(1) of this section. A home or program may collect a | 41131 |
| fee only if both of the following apply: | 41132 |
| (a) The home or program notifies the person at the time of | 41133 |
| initial application for employment of the amount of the fee and | 41134 |
| that, unless the fee is paid, the person will not be considered | 41135 |
| for employment; | 41136 |
| (b) The medical assistance program established under Chapter | 41137 |
| 5111. of the Revised Code does not reimburse the home or program | 41138 |
| the fee it pays under division (D)(1) of this section. | 41139 |
| (E) The report of any criminal records check conducted | 41140 |
| pursuant to a request made under this section is not a public | 41141 |
| record for the purposes of section 149.43 of the Revised Code and | 41142 |
| shall not be made available to any person other than the | 41143 |
| following: | 41144 |
| (1) The individual who is the subject of the criminal records | 41145 |
| check or the individual's representative; | 41146 |
| (2) The chief administrator of the home or program requesting | 41147 |
| the criminal records check or the administrator's representative; | 41148 |
| (3) The administrator of any other facility, agency, or | 41149 |
| program that provides direct care to older adults that is owned or | 41150 |
| operated by the same entity that owns or operates the home or | 41151 |
| program; | 41152 |
| (4) A court, hearing officer, or other necessary individual | 41153 |
| involved in a case dealing with a denial of employment of the | 41154 |
| applicant or dealing with employment or unemployment benefits of | 41155 |
| the applicant; | 41156 |
| (5) Any person to whom the report is provided pursuant to, | 41157 |
| and in accordance with, division (I)(1) or (2) of this section; | 41158 |
| (6) The board of nursing for purposes of accepting and | 41159 |
| processing an application for a medication aide certificate issued | 41160 |
| under Chapter 4723. of the Revised Code. | 41161 |
| (F) In accordance with section 3721.11 of the Revised Code, | 41162 |
| the director of health shall adopt rules to implement this | 41163 |
| section. The rules shall specify circumstances under which a home | 41164 |
| or adult day-care program may employ a person who has been | 41165 |
| convicted of or pleaded guilty to an offense listed or described | 41166 |
| in division (C)(1) of this section but meets personal character | 41167 |
| standards set by the director. | 41168 |
| (G) The chief administrator of a home or adult day-care | 41169 |
| program shall inform each individual, at the time of initial | 41170 |
| application for a position that involves providing direct care to | 41171 |
| an older adult, that the individual is required to provide a set | 41172 |
| of fingerprint impressions and that a criminal records check is | 41173 |
| required to be conducted if the individual comes under final | 41174 |
| consideration for employment. | 41175 |
| (H) In a tort or other civil action for damages that is | 41176 |
| brought as the result of an injury, death, or loss to person or | 41177 |
| property caused by an individual who a home or adult day-care | 41178 |
| program employs in a position that involves providing direct care | 41179 |
| to older adults, all of the following shall apply: | 41180 |
| (1) If the home or program employed the individual in good | 41181 |
| faith and reasonable reliance on the report of a criminal records | 41182 |
| check requested under this section, the home or program shall not | 41183 |
| be found negligent solely because of its reliance on the report, | 41184 |
| even if the information in the report is determined later to have | 41185 |
| been incomplete or inaccurate; | 41186 |
| (2) If the home or program employed the individual in good | 41187 |
| faith on a conditional basis pursuant to division (C)(2) of this | 41188 |
| section, the home or program shall not be found negligent solely | 41189 |
| because it employed the individual prior to receiving the report | 41190 |
| of a criminal records check requested under this section; | 41191 |
| (3) If the home or program in good faith employed the | 41192 |
| individual according to the personal character standards | 41193 |
| established in rules adopted under division (F) of this section, | 41194 |
| the home or program shall not be found negligent solely because | 41195 |
| the individual prior to being employed had been convicted of or | 41196 |
| pleaded guilty to an offense listed or described in division | 41197 |
| (C)(1) of this section. | 41198 |
| (I)(1) The chief administrator of a home or adult day-care | 41199 |
| program is not required to request that the superintendent of the | 41200 |
| bureau of criminal identification and investigation conduct a | 41201 |
| criminal records check of an applicant if the applicant has been | 41202 |
| referred to the home or program by an employment service that | 41203 |
| supplies full-time, part-time, or temporary staff for positions | 41204 |
| involving the direct care of older adults and both of the | 41205 |
| following apply: | 41206 |
| (a) The chief administrator receives from the employment | 41207 |
| service or the applicant a report of the results of a criminal | 41208 |
| records check regarding the applicant that has been conducted by | 41209 |
| the superintendent within the one-year period immediately | 41210 |
| preceding the applicant's referral; | 41211 |
| (b) The report of the criminal records check demonstrates | 41212 |
| that the person has not been convicted of or pleaded guilty to an | 41213 |
| offense listed or described in division (C)(1) of this section, or | 41214 |
| the report demonstrates that the person has been convicted of or | 41215 |
| pleaded guilty to one or more of those offenses, but the home or | 41216 |
| adult day-care program chooses to employ the individual pursuant | 41217 |
| to division (F) of this section. | 41218 |
| (2) The chief administrator of a home or adult day-care | 41219 |
| program is not required to request that the superintendent of the | 41220 |
| bureau of criminal identification and investigation conduct a | 41221 |
| criminal records check of an applicant and may employ the | 41222 |
| applicant conditionally as described in this division, if the | 41223 |
| applicant has been referred to the home or program by an | 41224 |
| employment service that supplies full-time, part-time, or | 41225 |
| temporary staff for positions involving the direct care of older | 41226 |
| adults and if the chief administrator receives from the employment | 41227 |
| service or the applicant a letter from the employment service that | 41228 |
| is on the letterhead of the employment service, dated, and signed | 41229 |
| by a supervisor or another designated official of the employment | 41230 |
| service and that states that the employment service has requested | 41231 |
| the superintendent to conduct a criminal records check regarding | 41232 |
| the applicant, that the requested criminal records check will | 41233 |
| include a determination of whether the applicant has been | 41234 |
| convicted of or pleaded guilty to any offense listed or described | 41235 |
| in division (C)(1) of this section, that, as of the date set forth | 41236 |
| on the letter, the employment service had not received the results | 41237 |
| of the criminal records check, and that, when the employment | 41238 |
| service receives the results of the criminal records check, it | 41239 |
| promptly will send a
copy of the results to the home or | 41240 |
| adult day-care program. If a home or adult day-care program | 41241 |
| employs an applicant conditionally in accordance with this | 41242 |
| division, the employment service, upon its receipt of the results | 41243 |
| of the criminal records check, promptly shall send a copy of the | 41244 |
| results to the home or adult day-care program, and division | 41245 |
| (C)(2)(b) of this section applies regarding the conditional | 41246 |
| employment. | 41247 |
| Sec. 3721.15. (A) Authorization from a resident or a sponsor | 41248 |
| with a power of attorney for a home to manage the resident's | 41249 |
| financial affairs shall be in writing and shall be attested to by | 41250 |
| a witness who is not connected in any manner whatsoever with the | 41251 |
| home or its administrator. The home shall maintain accounts | 41252 |
| pursuant to division (A)(27) of section 3721.13 of the Revised | 41253 |
| Code. Upon the resident's transfer, discharge, or death, the | 41254 |
| account shall be closed and a final accounting made. All remaining | 41255 |
| funds shall be returned to the resident or resident's sponsor, | 41256 |
| except in the case of death, when all remaining funds shall be | 41257 |
| transferred or used in accordance with
section | 41258 |
| of the Revised Code. | 41259 |
| (B) A home that manages a resident's financial affairs shall | 41260 |
| deposit the resident's funds in excess of one hundred dollars, and | 41261 |
| may deposit the resident's funds that are one hundred dollars or | 41262 |
| less, in an interest-bearing account separate from any of the | 41263 |
| home's operating accounts. Interest earned on the resident's funds | 41264 |
| shall be credited to the resident's account. A resident's funds | 41265 |
| that are one hundred dollars or less and have not been deposited | 41266 |
| in an interest-bearing account may be deposited in a | 41267 |
| noninterest-bearing account or petty cash fund. | 41268 |
| (C) Each resident whose financial affairs are managed by a | 41269 |
| home shall be promptly notified by the home when the total of the | 41270 |
| amount of funds in the resident's accounts and the petty cash fund | 41271 |
| plus other nonexempt resources reaches two hundred dollars less | 41272 |
| than the maximum amount permitted a recipient of medicaid. The | 41273 |
| notice shall include an explanation of the potential effect on the | 41274 |
| resident's eligibility for medicaid if the amount in the | 41275 |
| resident's accounts and the petty cash fund, plus the value of | 41276 |
| other nonexempt resources, exceeds the maximum assets a medicaid | 41277 |
| recipient may retain. | 41278 |
| (D) Each home that manages the financial affairs of residents | 41279 |
| shall purchase a surety bond or otherwise provide assurance | 41280 |
| satisfactory to the director of health, or, in the case of a home | 41281 |
| that participates in the medicaid program, to the director of job | 41282 |
| and family services, to assure the security of all residents' | 41283 |
| funds managed by the home. | 41284 |
| Sec. 3721.19. (A) As used in this section: | 41285 |
| (1) "Home" and "residential care facility" have the same | 41286 |
| meanings as in section 3721.01 of the Revised Code; | 41287 |
| (2) "Sponsor" and "residents' rights advocate" have the same | 41288 |
| meanings as in section 3721.10 of the Revised Code. | 41289 |
| A home licensed under this chapter that is not a party to a | 41290 |
| provider agreement, as defined in section 5111.20 of the Revised | 41291 |
| Code, shall provide each prospective resident, before admission, | 41292 |
| with the following information, orally and in a separate written | 41293 |
| notice on which is printed in a conspicuous manner: "This home is | 41294 |
| not a participant in the medical assistance program administered | 41295 |
| by the Ohio department of job and family services. Consequently, | 41296 |
| you may be discharged from this home if you are unable to pay for | 41297 |
| the services provided by this home." | 41298 |
| If the prospective resident has a sponsor whose identity is | 41299 |
| made known to the home, the home shall also inform the sponsor, | 41300 |
| before admission of the resident, of the home's status relative to | 41301 |
| the medical assistance program. Written acknowledgement of the | 41302 |
| receipt of the information shall be provided by the resident and, | 41303 |
| if the prospective resident has a sponsor who has been identified | 41304 |
| to the home, by the sponsor. The written acknowledgement shall be | 41305 |
| made part of the resident's record by the home. | 41306 |
| No home shall terminate its status as a provider under the | 41307 |
| 41308 | |
| section 5111.66 of the Revised Code and, at least ninety days | 41309 |
| prior to such termination, provided written notice to the | 41310 |
| 41311 | |
| and their sponsors of such action. This requirement shall not | 41312 |
| apply in cases where the department of job and family services | 41313 |
| terminates a home's provider agreement or provider status. | 41314 |
| (B) A home licensed under this chapter as a residential care | 41315 |
| facility shall provide notice to each prospective resident or the | 41316 |
| individual's sponsor of the services offered by the facility and | 41317 |
| the types of skilled nursing care that the facility may provide. A | 41318 |
| residential care facility that, pursuant to section 3721.012 of | 41319 |
| the Revised Code, has a policy of entering into risk agreements | 41320 |
| with residents or their sponsors shall provide each prospective | 41321 |
| resident or the individual's sponsor a written explanation of the | 41322 |
| policy and the provisions that may be contained in a risk | 41323 |
| agreement. At the time the information is provided, the facility | 41324 |
| shall obtain a statement signed by the individual receiving the | 41325 |
| information acknowledging that the individual received the | 41326 |
| information. The facility shall maintain on file the individual's | 41327 |
| signed statement. | 41328 |
| (C) A resident has a cause of action against a home for | 41329 |
| breach of any duty imposed by this section. The action may be | 41330 |
| commenced by the resident, or on the resident's behalf by the | 41331 |
| resident's sponsor or a residents' rights advocate, by the filing | 41332 |
| of a civil action in the court of common pleas of the county in | 41333 |
| which the home is located, or in the court of common pleas of | 41334 |
| Franklin county. | 41335 |
| If the court finds that a breach of any duty imposed by this | 41336 |
| section has occurred, the court shall enjoin the home from | 41337 |
| discharging the resident from the home until arrangements | 41338 |
| satisfactory to the court are made for the orderly transfer of the | 41339 |
| resident to another mode of health care including, but not limited | 41340 |
| to, another home, and may award the resident and a person or | 41341 |
| public agency that brings an action on behalf of a resident | 41342 |
| reasonable attorney's fees. If a home discharges a resident to | 41343 |
| whom or to whose sponsor information concerning its status | 41344 |
| relative to the medical assistance program was not provided as | 41345 |
| required under this section, the court shall grant any appropriate | 41346 |
| relief including, but not limited to, actual damages, reasonable | 41347 |
| attorney's fees, and costs. | 41348 |
| Sec. 3721.21. As used in sections 3721.21 to 3721.34 of the | 41349 |
| Revised Code: | 41350 |
| (A) "Long-term care facility" means either of the following: | 41351 |
| (1) A nursing home as defined in section 3721.01 of the | 41352 |
| Revised Code, other than a nursing home or part of a nursing home | 41353 |
| certified as an intermediate care facility for the mentally | 41354 |
| retarded under Title XIX of the "Social Security Act," 49 Stat. | 41355 |
| 620 (1935), 42 U.S.C.A. 301, as amended; | 41356 |
| (2) A facility or part of a facility that is certified as a | 41357 |
| skilled nursing facility or a nursing facility under Title XVIII | 41358 |
| or XIX of the "Social Security Act." | 41359 |
| (B) "Residential care facility" has the same meaning as in | 41360 |
| section 3721.01 of the Revised Code. | 41361 |
| (C) "Abuse" means knowingly causing physical harm or | 41362 |
| recklessly causing serious physical harm to a resident by physical | 41363 |
| contact with the resident or by use of physical or chemical | 41364 |
| restraint, medication, or isolation as punishment, for staff | 41365 |
| convenience, excessively, as a substitute for treatment, or in | 41366 |
| amounts that preclude habilitation and treatment. | 41367 |
| (D) "Neglect" means recklessly failing to provide a resident | 41368 |
| with any treatment, care, goods, or service necessary to maintain | 41369 |
| the health or safety of the resident when the failure results in | 41370 |
| serious physical harm to the resident. "Neglect" does not include | 41371 |
| allowing a resident, at the resident's option, to receive only | 41372 |
| treatment by spiritual means through prayer in accordance with the | 41373 |
| tenets of a recognized religious denomination. | 41374 |
| (E) "Misappropriation" means depriving, defrauding, or | 41375 |
| otherwise obtaining the real or personal property of a resident by | 41376 |
| any means prohibited by the Revised Code, including violations of | 41377 |
| Chapter 2911. or 2913. of the Revised Code. | 41378 |
| (F) "Resident" includes a resident, patient, former resident | 41379 |
| or patient, or deceased resident or patient of a long-term care | 41380 |
| facility or a residential care facility. | 41381 |
| (G) "Physical restraint" has the same meaning as in section | 41382 |
| 3721.10 of the Revised Code. | 41383 |
| (H) "Chemical restraint" has the same meaning as in section | 41384 |
| 3721.10 of the Revised Code. | 41385 |
| (I) "Nursing and nursing-related services" means the personal | 41386 |
| care services and other services not constituting skilled nursing | 41387 |
| care that are specified in rules the public health council shall | 41388 |
| adopt in accordance with Chapter 119. of the Revised Code. | 41389 |
| (J) "Personal care services" has the same meaning as in | 41390 |
| section 3721.01 of the Revised Code. | 41391 |
| (K)(1) Except as provided in division (K)(2) of this section, | 41392 |
| " | 41393 |
| 41394 | |
| 41395 | |
| services to residents in a long-term care facility, either as a | 41396 |
| member of the staff of the facility for monetary compensation or | 41397 |
| as a volunteer without monetary compensation. | 41398 |
| (2) "Nurse aide" does not include either of the following: | 41399 |
| (a) A licensed health professional practicing within the | 41400 |
| scope of the professional's license; | 41401 |
| (b) An individual providing nursing and nursing-related | 41402 |
| services in a religious nonmedical health care institution, if the | 41403 |
| individual has been trained in the principles of nonmedical care | 41404 |
| and is recognized by the institution as being competent in the | 41405 |
| administration of care within the religious tenets practiced by | 41406 |
| the residents of the institution. | 41407 |
| (L) "Licensed health professional" means all of the | 41408 |
| following: | 41409 |
| (1) An occupational therapist or occupational therapy | 41410 |
| assistant licensed under Chapter 4755. of the Revised Code; | 41411 |
| (2) A physical therapist or physical therapy assistant | 41412 |
| licensed under Chapter 4755. of the Revised Code; | 41413 |
| (3) A physician authorized under Chapter 4731. of the Revised | 41414 |
| Code to practice medicine and surgery, osteopathic medicine and | 41415 |
| surgery, or podiatry; | 41416 |
| (4) A physician assistant authorized under Chapter 4730. of | 41417 |
| the Revised Code to practice as a physician assistant; | 41418 |
| (5) A registered nurse or licensed practical nurse licensed | 41419 |
| under Chapter 4723. of the Revised Code; | 41420 |
| (6) A social worker or independent social worker licensed | 41421 |
| under Chapter 4757. of the Revised Code or a social work assistant | 41422 |
| registered under that chapter; | 41423 |
| (7) A speech-language pathologist or audiologist licensed | 41424 |
| under Chapter 4753. of the Revised Code; | 41425 |
| (8) A dentist or dental hygienist licensed under Chapter | 41426 |
| 4715. of the Revised Code; | 41427 |
| (9) An optometrist licensed under Chapter 4725. of the | 41428 |
| Revised Code; | 41429 |
| (10) A pharmacist licensed under Chapter 4729. of the Revised | 41430 |
| Code; | 41431 |
| (11) A psychologist licensed under Chapter 4732. of the | 41432 |
| Revised Code; | 41433 |
| (12) A chiropractor licensed under Chapter 4734. of the | 41434 |
| Revised Code; | 41435 |
| (13) A nursing home administrator licensed or temporarily | 41436 |
| licensed under Chapter 4751. of the Revised Code; | 41437 |
| (14) A professional counselor or professional clinical | 41438 |
| counselor licensed under Chapter 4757. of the Revised Code. | 41439 |
| (M) "Religious nonmedical health care institution" means an | 41440 |
| institution that meets or exceeds the conditions to receive | 41441 |
| payment under the medicare program established under Title XVIII | 41442 |
| of the "Social Security Act" for inpatient hospital services or | 41443 |
| post-hospital extended care services furnished to an individual in | 41444 |
| a religious nonmedical health care institution, as defined in | 41445 |
| section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286 | 41446 |
| (1965), 42 U.S.C. 1395x(ss)(1), as amended. | 41447 |
| (N) "Competency evaluation program" means a program through | 41448 |
| which the competency of a nurse aide to provide nursing and | 41449 |
| nursing-related services is evaluated. | 41450 |
| | 41451 |
| program of nurse aide training and evaluation of competency to | 41452 |
| provide nursing and nursing-related services. | 41453 |
| Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the | 41454 |
| Revised Code: | 41455 |
| (A) "Hospital" has the same meaning as in section 3727.01 of | 41456 |
| the Revised Code. | 41457 |
| (B) "Inpatient days" means all days during which a resident | 41458 |
| of a nursing facility, regardless of payment source, occupies a | 41459 |
| bed in the nursing facility that is included in the facility's | 41460 |
| certified capacity under Title XIX. Therapeutic or hospital leave | 41461 |
| days for which payment is made under section 5111.26 of the | 41462 |
| Revised Code are considered inpatient days proportionate to the | 41463 |
| percentage of the facility's per resident per day rate paid for | 41464 |
| those days. | 41465 |
| (C) "Medicaid" has the same meaning as in section 5111.01 of | 41466 |
| the Revised Code. | 41467 |
| (D) "Medicaid day" means all days during which a resident who | 41468 |
| is a medicaid recipient occupies a bed in a nursing facility that | 41469 |
| is included in the facility's certified capacity under Title XIX. | 41470 |
| Therapeutic or hospital leave days for which payment is made under | 41471 |
| section 5111.26 of the Revised Code are considered medicaid days | 41472 |
| proportionate to the percentage of the nursing facility's per | 41473 |
| resident per day rate for those days. | 41474 |
| (E) "Nursing facility" has the same meaning as in section | 41475 |
| 5111.20 of the Revised Code. | 41476 |
| (F)(1) "Nursing home" means all of the following: | 41477 |
| (a) A nursing home licensed under section 3721.02 or 3721.09 | 41478 |
| of the Revised Code, including any part of a home for the aging | 41479 |
| licensed as a nursing home; | 41480 |
| (b) A facility or part of a facility, other than a hospital, | 41481 |
| that is certified as a skilled nursing facility under Title XVIII | 41482 |
| 41483 | |
| 41484 |
| (c) A nursing facility | 41485 |
| 41486 | |
| nursing facility. | 41487 |
| (2) "Nursing home" does not include | 41488 |
| (a) A county home, county nursing home, or district home | 41489 |
| operated pursuant to Chapter 5155.
of the Revised Code | 41490 |
| (b) A nursing home maintained and operated by the Ohio | 41491 |
| veterans' home agency under section 5907.01 of the Revised Code; | 41492 |
| (c) A nursing home or part of a nursing home licensed under | 41493 |
| section 3721.02 or 3721.09 of the Revised Code that is certified | 41494 |
| as an intermediate care facility for the mentally retarded under | 41495 |
| Title XIX | 41496 |
| | 41497 |
| 41498 |
| (G) "Title XIX" means Title XIX of the "Social Security Act," | 41499 |
| 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended. | 41500 |
| (H) "Title XVIII" means Title XVIII of the "Social Security | 41501 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 41502 |
| Sec. 3721.51. The department of job and family services | 41503 |
| shall do all of the following: | 41504 |
| (A) | 41505 |
|
purposes specified in
| 41506 |
| Revised Code, determine an annual franchise permit fee on each | 41507 |
|
nursing home in an amount equal to
| 41508 |
| 41509 | |
| cents
for fiscal
years | 41510 |
| dollar for each fiscal year thereafter, multiplied by the product | 41511 |
| of the following: | 41512 |
| (1) The number of beds licensed as nursing home beds, plus | 41513 |
| any other beds certified as skilled nursing facility beds under | 41514 |
|
Title XVIII or nursing facility beds under Title XIX | 41515 |
| 41516 | |
| 41517 | |
| day of May of the calendar year in which the fee is determined | 41518 |
| pursuant to division (A) of section 3721.53 of the Revised Code; | 41519 |
| (2) The | 41520 |
| 41521 | |
| on the first day of July of the calendar year in which the fee is | 41522 |
| determined pursuant to division (A) of section 3721.53 of the | 41523 |
| Revised Code. | 41524 |
| (B) | 41525 |
|
purposes specified in
| 41526 |
| Revised Code, determine an annual franchise permit fee on each | 41527 |
|
hospital in an amount equal to
| 41528 |
| 41529 | |
| for
fiscal years
| 41530 |
| for each fiscal year thereafter, multiplied by the product of the | 41531 |
| following: | 41532 |
| (1) The number of beds registered pursuant to section 3701.07 | 41533 |
| of the Revised Code as skilled nursing facility beds or long-term | 41534 |
| care beds, plus any other beds licensed as nursing home beds under | 41535 |
| section 3721.02 or 3721.09 of the Revised Code, on
| 41536 |
| 41537 | |
| calendar year in which the fee is determined pursuant to division | 41538 |
| (A) of section 3721.53 of the Revised Code; | 41539 |
| (2) The | 41540 |
| 41541 | |
| on the first day of July of the calendar year in which the fee is | 41542 |
| determined pursuant to division (A) of section 3721.53 of the | 41543 |
| Revised Code. | 41544 |
| (C) If the United States centers for medicare and medicaid | 41545 |
| services determines that the franchise permit fee established by | 41546 |
|
sections
3721.50
to
3721.58 of the Revised Code | 41547 |
| impermissible health care related tax under section 1903(w) of the | 41548 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as | 41549 |
|
amended, | 41550 |
|
necessary actions to
cease implementation of | 41551 |
| 3721.50 to 3721.58 of the Revised Code in accordance with rules | 41552 |
| adopted under section 3721.58 of the Revised Code. | 41553 |
| Sec. 3721.52. (A) For the purpose of the fee under division | 41554 |
| (A) of section 3721.51 of the Revised Code, the department of | 41555 |
|
health
shall, | 41556 |
| 41557 | |
| to the department of job and family services the number of beds in | 41558 |
|
each nursing
home licensed on | 41559 |
| 41560 | |
| 3721.02 or 3721.09 of the Revised Code or certified on that date | 41561 |
|
under Title XVIII or
XIX | 41562 |
| 41563 |
| (B) For the purpose of the fee under division (B) of section | 41564 |
|
3721.51 of the Revised Code, the department of health
shall, | 41565 |
| 41566 | |
| later than the first day of each June, report to the department of | 41567 |
| job and family services the number of beds in each hospital | 41568 |
|
registered
on | 41569 |
| preceding first day of May pursuant to section 3701.07 of the | 41570 |
| Revised Code as skilled nursing facility or long-term care beds or | 41571 |
| licensed on that date under section 3721.02 or 3721.09 of the | 41572 |
| Revised Code as nursing home beds. | 41573 |
| Sec. 3721.541. (A) In addition to assessing a penalty | 41574 |
| pursuant to section 3721.54 of the Revised Code, the department of | 41575 |
| job and family services may do either of the following if a | 41576 |
| nursing facility or hospital fails to pay the full amount of a | 41577 |
| franchise permit fee installment when due: | 41578 |
| (1) Withhold an amount equal to the installment and penalty | 41579 |
| assessed under section 3721.54 of the Revised Code from a medicaid | 41580 |
| payment due the nursing facility or hospital until the nursing | 41581 |
| facility or hospital pays the installment and penalty; | 41582 |
| (2) Terminate the nursing facility or hospital's medicaid | 41583 |
| provider agreement. | 41584 |
| (B) The department may withhold a medicaid payment under | 41585 |
| division (A)(1) of this section without providing notice to the | 41586 |
| nursing facility or hospital and without conducting an | 41587 |
| adjudication under Chapter 119. of the Revised Code. | 41588 |
| Sec. 3721.56. | 41589 |
| created in the state treasury the home- and community-based | 41590 |
| services for the aged fund. Sixteen per cent of all payments and | 41591 |
| penalties paid by nursing homes and hospitals under sections | 41592 |
|
3721.53 and 3721.54 of the
Revised Code
for fiscal
| 41593 |
| 41594 | |
| 41595 | |
| 2007, and all such payments and penalties paid for subsequent | 41596 |
|
fiscal
years, shall be deposited into the | 41597 |
| 41598 | |
| 41599 | |
| services and aging shall use the moneys in the fund to fund the | 41600 |
| following in accordance with rules adopted under section 3721.58 | 41601 |
| of the Revised Code: | 41602 |
| | 41603 |
| under
Chapter
5111. of the Revised Code | 41604 |
| | 41605 |
| section 173.40 of the Revised Code; | 41606 |
| | 41607 |
| under section 173.35 of the Revised Code. | 41608 |
| | 41609 |
| 41610 | |
| 41611 | |
| 41612 | |
| 41613 | |
| 41614 | |
| 41615 | |
| 41616 | |
| 41617 | |
| 41618 |
| Sec. 3721.561. (A) There is hereby created in the state | 41619 |
| treasury the nursing facility stabilization fund. All payments and | 41620 |
| penalties paid by nursing homes and hospitals under sections | 41621 |
| 3721.53 and 3721.54 of the Revised Code that are not deposited | 41622 |
| into the home and community-based services for the aged fund shall | 41623 |
| be deposited into the fund. The department of job and family | 41624 |
| services shall use the money in the fund to make medicaid payments | 41625 |
| to nursing facilities. | 41626 |
| (B) Any money remaining in the nursing facility stabilization | 41627 |
| fund after payments specified in division (A) of this section are | 41628 |
| made shall be retained in the fund. Any interest or other | 41629 |
| investment proceeds earned on money in the fund shall be credited | 41630 |
| to the fund and used to make medicaid payments in accordance with | 41631 |
| division (A) of this section. | 41632 |
| Sec. 3721.58. The director of job and family services shall | 41633 |
| adopt rules in accordance with Chapter 119. of the Revised Code to | 41634 |
|
do
| 41635 |
| (A) Prescribe the actions the department of job and family | 41636 |
| services will take to cease implementation of sections 3721.50 | 41637 |
|
through 3721.57 of the
Revised Code if the United States | 41638 |
| 41639 | |
| services determines that the franchise permit fee established by | 41640 |
| those sections is an impermissible health-care related tax under | 41641 |
| section 1903(w) of the "Social Security Act," 49 Stat. 620 (1935), | 41642 |
| 42 U.S.C. | 41643 |
| (B) Establish the method of distributing moneys in the home | 41644 |
| and community-based services for the aged fund created under | 41645 |
| section 3721.56 of the Revised Code; | 41646 |
| (C) Establish any requirements or procedures the director | 41647 |
| considers necessary to implement sections 3721.50 to 3721.58 of | 41648 |
| the Revised Code. | 41649 |
| Sec. 3722.01. (A) As used in this chapter: | 41650 |
| (1) "Owner" means the person who owns the business of and who | 41651 |
| ultimately controls the operation of an adult care facility and to | 41652 |
| whom the manager, if different from the owner, is responsible. | 41653 |
| (2) "Manager" means the person responsible for the daily | 41654 |
| operation of an adult care facility. The manager and the owner of | 41655 |
| a facility may be the same person. | 41656 |
| (3) "Adult" means an individual eighteen years of age or | 41657 |
| older. | 41658 |
| (4) "Unrelated" means that an adult resident is not related | 41659 |
| to the owner or manager of an adult care facility or to the | 41660 |
| owner's or manager's spouse as a parent, grandparent, child, | 41661 |
| stepchild, grandchild, brother, sister, niece, nephew, aunt, or | 41662 |
| uncle, or as the child of an aunt or uncle. | 41663 |
| (5) "Skilled nursing care" means skilled nursing care as | 41664 |
| defined in section 3721.01 of the Revised Code. | 41665 |
| (6)(a) "Personal care services" means services including, but | 41666 |
| not limited to, the following: | 41667 |
| (i) Assisting residents with activities of daily living; | 41668 |
| (ii) Assisting residents with self-administration of | 41669 |
| medication, in accordance with rules adopted by the public health | 41670 |
| council pursuant to this chapter; | 41671 |
| (iii) Preparing special diets, other than complex therapeutic | 41672 |
| diets, for residents pursuant to the instructions of a physician | 41673 |
| or a licensed dietitian, in accordance with rules adopted by the | 41674 |
| public health council pursuant to this chapter. | 41675 |
| (b) "Personal care services" does not include "skilled | 41676 |
| nursing care" as defined in section 3721.01 of the Revised Code. A | 41677 |
| facility need not provide more than one of the services listed in | 41678 |
| division (A)(6)(a) of this section to be considered to be | 41679 |
| providing personal care services. | 41680 |
| (7) "Adult family home" means a residence or facility that | 41681 |
| provides accommodations to three to five unrelated adults and | 41682 |
| supervision and personal care services to at least three of those | 41683 |
| adults. | 41684 |
| (8) "Adult group home" means a residence or facility that | 41685 |
| provides accommodations to six to sixteen unrelated adults and | 41686 |
| provides supervision and personal care services to at least three | 41687 |
| of the unrelated adults. | 41688 |
| (9) "Adult care facility" means an adult family home or an | 41689 |
| adult group home. For the purposes of this chapter, any residence, | 41690 |
| facility, institution, hotel, congregate housing project, or | 41691 |
| similar facility that provides accommodations and supervision to | 41692 |
| three to sixteen unrelated adults, at least three of whom are | 41693 |
| provided personal care services, is an adult care facility | 41694 |
| regardless of how the facility holds itself out to the public. | 41695 |
| "Adult care facility" does not include: | 41696 |
| (a) A facility operated by a hospice care program licensed | 41697 |
| under section 3712.04 of the Revised Code that is used exclusively | 41698 |
| for care of hospice patients; | 41699 |
| (b) A nursing home, residential care facility, or home for | 41700 |
| the aging as defined in section 3721.01 of the Revised Code; | 41701 |
| (c) A community alternative home as defined in section | 41702 |
| 3724.01 of the Revised Code; | 41703 |
| (d) An alcohol and drug addiction program as defined in | 41704 |
| section 3793.01 of the Revised Code; | 41705 |
| (e) | 41706 |
| 41707 |
| | 41708 |
| the department of mental health under section 5119.22 of the | 41709 |
| Revised Code; | 41710 |
| | 41711 |
| under section 3793.11 of the Revised Code; | 41712 |
| | 41713 |
| of the Revised Code or otherwise regulated by the department of | 41714 |
| mental retardation and developmental disabilities; | 41715 |
| | 41716 |
| project, or similar facility that provides personal care services | 41717 |
| to fewer than three residents or that provides, for any number of | 41718 |
| residents, only housing, housekeeping, laundry, meal preparation, | 41719 |
| social or recreational activities, maintenance, security, | 41720 |
| transportation, and similar services that are not personal care | 41721 |
| services or skilled nursing care; | 41722 |
| | 41723 |
| from the department of development under any program established | 41724 |
| to provide emergency shelter housing or transitional housing for | 41725 |
| the homeless; | 41726 |
| | 41727 |
| entered into an agreement with a hospice care program under | 41728 |
| section 3712.07 of the Revised Code; | 41729 |
| | 41730 |
| under section 104(a) of the "Veterans Health Care Amendments of | 41731 |
| 1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used | 41732 |
| exclusively for the placement and care of veterans; | 41733 |
| | 41734 |
| which care is provided exclusively to members of a religious order | 41735 |
| if the facility is owned by or part of a nonprofit institution of | 41736 |
| higher education authorized to award degrees by the Ohio board of | 41737 |
| regents under Chapter 1713. of the Revised Code. | 41738 |
| (10) "Residents' rights advocate" means: | 41739 |
| (a) An employee or representative of any state or local | 41740 |
| government entity that has a responsibility for residents of adult | 41741 |
| care facilities and has registered with the department of health | 41742 |
| under section 3701.07 of the Revised Code; | 41743 |
| (b) An employee or representative, other than a manager or | 41744 |
| employee of an adult care facility or nursing home, of any private | 41745 |
| nonprofit corporation or association that qualifies for tax-exempt | 41746 |
| status under section 501(a) of the "Internal Revenue Code of | 41747 |
| 1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has | 41748 |
| registered with the department of health under section 3701.07 of | 41749 |
| the Revised Code, and whose purposes include educating and | 41750 |
| counseling residents, assisting residents in resolving problems | 41751 |
| and complaints concerning their care and treatment, and assisting | 41752 |
| them in securing adequate services. | 41753 |
| (11) "Sponsor" means an adult relative, friend, or guardian | 41754 |
| of a resident of an adult care facility who has an interest in or | 41755 |
| responsibility for the resident's welfare. | 41756 |
| (12) "Ombudsperson" means a "representative of the office of | 41757 |
| the state long-term care ombudsperson program" as defined in | 41758 |
| section 173.14 of the Revised Code. | 41759 |
| (13) "Mental health agency" means a community mental health | 41760 |
| agency, as defined in section 5119.22 of the Revised Code, under | 41761 |
| contract with a board of alcohol, drug addiction, and mental | 41762 |
| health services pursuant to division (A)(8)(a) of section 340.03 | 41763 |
| of the Revised Code. | 41764 |
| (B) For purposes of this chapter, personal care services or | 41765 |
| skilled nursing care shall be considered to be provided by a | 41766 |
| facility if they are provided by a person employed by or | 41767 |
| associated with the facility or by another person pursuant to an | 41768 |
| agreement to which neither the resident who receives the services | 41769 |
| nor the resident's sponsor is a party. | 41770 |
| (C) Nothing in division (A)(6) of this section shall be | 41771 |
| construed to permit personal care services to be imposed upon a | 41772 |
| resident who is capable of performing the activity in question | 41773 |
| without assistance. | 41774 |
| Sec. 3722.02. A person seeking a license to operate an adult | 41775 |
| care facility shall submit to the director of health an | 41776 |
| application on a form prescribed by the director and the | 41777 |
| following: | 41778 |
| (A) In the case of an adult group home seeking licensure as | 41779 |
| an adult care facility, evidence that the home has been inspected | 41780 |
| and approved by a local certified building department or by the | 41781 |
| division of industrial compliance in the department of commerce as | 41782 |
| meeting the applicable requirements of sections 3781.06 to 3781.18 | 41783 |
| and 3791.04 of the Revised Code and any rules adopted under those | 41784 |
| sections and evidence that the home has been inspected by the | 41785 |
| state fire marshal or fire prevention officer of a municipal, | 41786 |
| township, or other legally constituted fire department approved by | 41787 |
| the state fire marshal and found to be in compliance with rules | 41788 |
| adopted under section 3737.83 of the Revised Code regarding fire | 41789 |
| prevention and safety in adult group homes; | 41790 |
| (B) Valid approvals of the facility's water and sewage | 41791 |
| systems issued by the responsible governmental entity, if | 41792 |
| applicable; | 41793 |
| (C) A statement of ownership containing the following | 41794 |
| information: | 41795 |
| (1) If the owner is an individual, the owner's name, address, | 41796 |
| telephone number, business address, business telephone number, and | 41797 |
| occupation. If the owner is an association, corporation, or | 41798 |
| partnership, the business activity, address, and telephone number | 41799 |
| of the entity and the name of every person who has an ownership | 41800 |
| interest of five per cent or more in the entity. | 41801 |
| (2) If the owner does not own the building or if the owner | 41802 |
| owns only part of the building in which the facility is housed, | 41803 |
| the name of each person who has an ownership interest of five per | 41804 |
| cent or more in the building; | 41805 |
| (3) The address of any adult care facility and any facility | 41806 |
|
described in divisions (A)(9)(a) to | 41807 |
| the Revised Code in which the owner has an ownership interest of | 41808 |
| five per cent or more; | 41809 |
| (4) The identity of the manager of the adult care facility, | 41810 |
| if different from the owner; | 41811 |
| (5) The name and address of any adult care facility and any | 41812 |
|
facility described in divisions (A)(9)(a) to | 41813 |
| 3722.01 of the Revised Code with which either the owner or manager | 41814 |
| has been affiliated through ownership or employment in the five | 41815 |
| years prior to the date of the application; | 41816 |
| (6) The names and addresses of three persons not employed by | 41817 |
| or associated in business with the owner who will provide | 41818 |
| information about the character, reputation, and competence of the | 41819 |
| owner and the manager and the financial responsibility of the | 41820 |
| owner; | 41821 |
| (7) Information about any arrest of the owner or manager for, | 41822 |
| or adjudication or conviction of, a criminal offense related to | 41823 |
| the provision of care in an adult care facility or any facility | 41824 |
|
described in divisions (A)(9)(a) to | 41825 |
| the Revised Code or the ability to operate a facility; | 41826 |
| (8) Any other information the director may require regarding | 41827 |
| the owner's ability to operate the facility. | 41828 |
| (D) If the facility is an adult group home, a balance sheet | 41829 |
| showing the assets and liabilities of the owner and a statement | 41830 |
| projecting revenues and expenses for the first twelve months of | 41831 |
| the facility's operation; | 41832 |
| (E) Proof of insurance in an amount and type determined in | 41833 |
| rules adopted by the public health council pursuant to this | 41834 |
| chapter to be adequate; | 41835 |
| (F) A nonrefundable license application fee in an amount | 41836 |
| established in rules adopted by the public health council pursuant | 41837 |
| to this chapter. | 41838 |
| Sec. 3722.04. (A)(1) The director of health shall inspect, | 41839 |
| license, and regulate adult care facilities. Except as otherwise | 41840 |
| provided in division (D) of this section, the director shall issue | 41841 |
| a license to an adult care facility that meets the requirements of | 41842 |
| section 3722.02 of the Revised Code and that the director | 41843 |
| determines to be in substantial compliance with the rules adopted | 41844 |
| by the public health council pursuant to this chapter. The | 41845 |
| director shall consider the past record of the owner and manager | 41846 |
| and any individuals who are principal participants in an entity | 41847 |
| that is the owner or manager in operating facilities providing | 41848 |
| care to adults. The director may, in accordance with Chapter 119. | 41849 |
| of the Revised Code, deny a license if the past record indicates | 41850 |
| that the owner or manager is not suitable to own or manage an | 41851 |
| adult care facility. | 41852 |
| The license shall contain the name and address of the | 41853 |
| facility for which it was issued, the date of expiration of the | 41854 |
| license, and the maximum number of residents that may be | 41855 |
| accommodated by the facility. A license for an adult care facility | 41856 |
| shall be valid for a period of two years after the date of | 41857 |
| issuance. No single facility may be licensed to operate as more | 41858 |
| than one adult care facility. | 41859 |
| (2) Notwithstanding division (A)(1) of this section and | 41860 |
| sections 3722.02 and 3722.041 of the Revised Code, the director | 41861 |
| may issue a temporary license if the requirements of divisions | 41862 |
| (C), (D), and (F) of section 3722.02 of the Revised Code have been | 41863 |
| met. A temporary license shall be valid for a period of ninety | 41864 |
| days and, except as otherwise provided in division (A)(3) of | 41865 |
| section 3722.05 of the Revised Code, may be renewed, without | 41866 |
| payment of an additional application fee, for an additional ninety | 41867 |
| days. | 41868 |
| (B) The director shall renew a license for a two-year period | 41869 |
| if the facility continues to be in compliance with the | 41870 |
| requirements of this chapter and in substantial compliance with | 41871 |
| the rules adopted under this chapter. The owner shall submit a | 41872 |
| nonrefundable license renewal application fee in an amount | 41873 |
| established in rules adopted by the public health council pursuant | 41874 |
| to this chapter. Before the license of an adult group home is | 41875 |
| renewed, if any alterations have been made to the buildings, a | 41876 |
| certificate of occupancy for the facility shall have been issued | 41877 |
| by the division of industrial compliance in the department of | 41878 |
| commerce or a local certified building department. The facility | 41879 |
| shall have water and sewage system approvals, if required by law, | 41880 |
| and, in the case of an adult group home, documentation of | 41881 |
| continued compliance with the rules adopted by the state fire | 41882 |
| marshal under division (F) of section 3737.83 of the Revised Code. | 41883 |
| (C) The director shall make at least one unannounced | 41884 |
| inspection of an adult care facility during each licensure period | 41885 |
| in addition to inspecting the facility to determine whether a | 41886 |
| license should be issued or renewed, and may make additional | 41887 |
| unannounced inspections as the director considers necessary. Other | 41888 |
| inspections may be made at any time that the director considers | 41889 |
| appropriate. The director shall take all reasonable actions to | 41890 |
| avoid giving notice of an inspection by the manner in which the | 41891 |
| inspection is scheduled or performed. Not later than sixty days | 41892 |
| after the date of an inspection of a facility, the director shall | 41893 |
| send a report of the inspection to the ombudsperson in whose | 41894 |
| region the facility is located. The state fire marshal or fire | 41895 |
| prevention officer of a municipal, township, or other legally | 41896 |
| constituted fire department approved by the state fire marshal | 41897 |
| shall inspect an adult group home seeking a license or renewal | 41898 |
| under this chapter as an adult care facility prior to issuance of | 41899 |
| a license or renewal, at least once annually thereafter, and at | 41900 |
| any other time at the request of the director, to determine | 41901 |
| compliance with the rules adopted under division (F) of section | 41902 |
| 3737.83 of the Revised Code. | 41903 |
| (D) The director may waive any of the licensing requirements | 41904 |
| having to do with fire and safety requirements or building | 41905 |
| standards established by rule adopted by the public health council | 41906 |
| pursuant to this chapter upon written request of the facility. The | 41907 |
| director may grant a waiver if the director determines that the | 41908 |
| strict application of the licensing requirement would cause undue | 41909 |
| hardship to the facility and that granting the waiver would not | 41910 |
| jeopardize the health or safety of any resident. The director may | 41911 |
| provide a facility with an informal hearing concerning the denial | 41912 |
| of a waiver request, but the facility shall not be entitled to a | 41913 |
| hearing under Chapter 119. of the Revised Code unless the director | 41914 |
| takes an action that requires a hearing to be held under section | 41915 |
| 3722.05 of the Revised Code. | 41916 |
| (E)(1) Not later than thirty days after | 41917 |
| 41918 | |
| 41919 | |
| owner of an adult care facility shall submit an inspection fee of | 41920 |
| 41921 | |
| licensed: | 41922 |
| (a) Issuance or renewal of a license, other than a temporary | 41923 |
| license; | 41924 |
| (b) The unannounced inspection required by division (C) of | 41925 |
| this section; | 41926 |
| (c) If, during an inspection conducted in addition to the two | 41927 |
| inspections required by division (C) of this section, the facility | 41928 |
| was found to be in violation of this chapter or the rules adopted | 41929 |
| under it, receipt by the facility of the report of that | 41930 |
| investigation. | 41931 |
| (2) The director may revoke the license of any adult care | 41932 |
| facility that fails to submit the fee within the thirty-day | 41933 |
|
period. | 41934 |
| (3) All inspection fees received by the director, all civil | 41935 |
| penalties assessed under section 3722.08 of the Revised Code, all | 41936 |
| fines imposed under section 3722.99 of the Revised Code, and all | 41937 |
| license application and renewal application fees received under | 41938 |
| division (F) of section 3722.02 of the Revised Code or under | 41939 |
| division (B) of this section shall be deposited into the general | 41940 |
| operations fund created in section 3701.83 of the Revised Code and | 41941 |
| shall be used only to pay the costs of administering and enforcing | 41942 |
| the requirements of this chapter and rules adopted under it. | 41943 |
| (F)(1) An owner shall inform the director in writing of any | 41944 |
| changes in the information contained in the statement of ownership | 41945 |
| made pursuant to division (C) of section 3722.02 of the Revised | 41946 |
| Code or in the identity of the manager, not later than ten days | 41947 |
| after the change occurs. | 41948 |
| (2) An owner who sells or transfers an adult care facility | 41949 |
| shall be responsible and liable for the following: | 41950 |
| (a) Any civil penalties imposed against the facility under | 41951 |
| section 3722.08 of the Revised Code for violations that occur | 41952 |
| before the date of transfer of ownership or during any period in | 41953 |
| which the seller or the seller's agent operates the facility; | 41954 |
| (b) Any outstanding liability to the state, unless the buyer | 41955 |
| or transferee has agreed, as a condition of the sale or transfer, | 41956 |
| to accept the outstanding liabilities and to guarantee their | 41957 |
| payment, except that if the buyer or transferee fails to meet | 41958 |
| these obligations the seller or transferor shall remain | 41959 |
| responsible for the outstanding liability. | 41960 |
| (G) The director shall annually publish a list of licensed | 41961 |
| adult care facilities, facilities whose licenses have been revoked | 41962 |
| or not renewed, any facilities under an order suspending | 41963 |
| admissions pursuant to section 3722.07 of the Revised Code, and | 41964 |
| any facilities that have been assessed a civil penalty pursuant to | 41965 |
| section 3722.08 of the Revised Code. The director shall furnish | 41966 |
| information concerning the status of licensure of any facility to | 41967 |
| any person upon request. The director shall annually send a copy | 41968 |
| of the list to the department of job and family services, to the | 41969 |
| department of mental health, and to the department of aging. | 41970 |
| Sec. 3734.01. As used in this chapter: | 41971 |
| (A) "Board of health" means the board of health of a city or | 41972 |
| general health district or the authority having the duties of a | 41973 |
| board of health in any city as authorized by section 3709.05 of | 41974 |
| the Revised Code. | 41975 |
| (B) "Director" means the director of environmental | 41976 |
| protection. | 41977 |
| (C) "Health district" means a city or general health district | 41978 |
| as created by or under authority of Chapter 3709. of the Revised | 41979 |
| Code. | 41980 |
| (D) "Agency" means the environmental protection agency. | 41981 |
| (E) "Solid wastes" means such unwanted residual solid or | 41982 |
| semisolid material as results from industrial, commercial, | 41983 |
| agricultural, and community operations, excluding earth or | 41984 |
| material from construction, mining, or demolition operations, or | 41985 |
| other waste materials of the type that normally would be included | 41986 |
| in demolition debris, nontoxic fly ash and bottom ash, including | 41987 |
| at least ash that results from the combustion of coal and ash that | 41988 |
| results from the combustion of coal in combination with scrap | 41989 |
| tires where scrap tires comprise not more than fifty per cent of | 41990 |
| heat input in any month, spent nontoxic foundry sand, nontoxic, | 41991 |
| nonhazardous, unwanted fired and unfired, glazed and unglazed, | 41992 |
| structural shale and clay products, and slag and other substances | 41993 |
| that are not harmful or inimical to public health, and includes, | 41994 |
| but is not limited to, garbage, scrap tires, combustible and | 41995 |
| noncombustible material, street dirt, and debris. "Solid wastes" | 41996 |
| does not include | 41997 |
| (1) Any material that is an infectious waste or a hazardous | 41998 |
| waste; | 41999 |
| (2) Spent petroleum refinery hydrotreating, hydrorefining, | 42000 |
| and hydrocracking catalysts that are used to produce | 42001 |
| ferrovanadium, iron nickel molybdenum, and calcium aluminate | 42002 |
| alloys for the steel, iron, and nickel industries unless the | 42003 |
| catalysts are disposed of at a solid waste facility licensed under | 42004 |
| this chapter or are accumulated speculatively. | 42005 |
| (F) "Disposal" means the discharge, deposit, injection, | 42006 |
| dumping, spilling, leaking, emitting, or placing of any solid | 42007 |
| wastes or hazardous waste into or on any land or ground or surface | 42008 |
| water or into the air, except if the disposition or placement | 42009 |
| constitutes storage or treatment or, if the solid wastes consist | 42010 |
| of scrap tires, the disposition or placement constitutes a | 42011 |
| beneficial use or occurs at a scrap tire recovery facility | 42012 |
| licensed under section 3734.81 of the Revised Code. | 42013 |
| (G) "Person" includes the state, any political subdivision | 42014 |
| and other state or local body, the United States and any agency or | 42015 |
| instrumentality thereof, and any legal entity defined as a person | 42016 |
| under section 1.59 of the Revised Code. | 42017 |
| (H) "Open burning" means the burning of solid wastes in an | 42018 |
| open area or burning of solid wastes in a type of chamber or | 42019 |
| vessel that is not approved or authorized in rules adopted by the | 42020 |
| director under section 3734.02 of the Revised Code or, if the | 42021 |
| solid wastes consist of scrap tires, in rules adopted under | 42022 |
| division (V) of this section or section 3734.73 of the Revised | 42023 |
| Code, or the burning of treated or untreated infectious wastes in | 42024 |
| an open area or in a type of chamber or vessel that is not | 42025 |
| approved in rules adopted by the director under section 3734.021 | 42026 |
| of the Revised Code. | 42027 |
| (I) "Open dumping" means the depositing of solid wastes into | 42028 |
| a body or stream of water or onto the surface of the ground at a | 42029 |
| site that is not licensed as a solid waste facility under section | 42030 |
| 3734.05 of the Revised Code or, if the solid wastes consist of | 42031 |
| scrap tires, as a scrap tire collection, storage, monocell, | 42032 |
| monofill, or recovery facility under section 3734.81 of the | 42033 |
| Revised Code; the depositing of solid wastes that consist of scrap | 42034 |
| tires onto the surface of the ground at a site or in a manner not | 42035 |
| specifically identified in divisions (C)(2) to (5), (7), or (10) | 42036 |
| of section 3734.85 of the Revised Code; the depositing of | 42037 |
| untreated infectious wastes into a body or stream of water or onto | 42038 |
| the surface of the ground; or the depositing of treated infectious | 42039 |
| wastes into a body or stream of water or onto the surface of the | 42040 |
| ground at a site that is not licensed as a solid waste facility | 42041 |
| under section 3734.05 of the Revised Code. | 42042 |
| (J) "Hazardous waste" means any waste or combination of | 42043 |
| wastes in solid, liquid, semisolid, or contained gaseous form that | 42044 |
| in the determination of the director, because of its quantity, | 42045 |
| concentration, or physical or chemical characteristics, may do | 42046 |
| either of the following: | 42047 |
| (1) Cause or significantly contribute to an increase in | 42048 |
| mortality or an increase in serious irreversible or incapacitating | 42049 |
| reversible illness; | 42050 |
| (2) Pose a substantial present or potential hazard to human | 42051 |
| health or safety or to the environment when improperly stored, | 42052 |
| treated, transported, disposed of, or otherwise managed. | 42053 |
| "Hazardous waste" includes any substance identified by | 42054 |
| regulation as hazardous waste under the "Resource Conservation and | 42055 |
| Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as | 42056 |
| amended, and does not include any substance that is subject to the | 42057 |
| "Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as | 42058 |
| amended. | 42059 |
| (K) "Treat" or "treatment," when used in connection with | 42060 |
| hazardous waste, means any method, technique, or process designed | 42061 |
| to change the physical, chemical, or biological characteristics or | 42062 |
| composition of any hazardous waste; to neutralize the waste; to | 42063 |
| recover energy or material resources from the waste; to render the | 42064 |
| waste nonhazardous or less hazardous, safer to transport, store, | 42065 |
| or dispose of, or amenable for recovery, storage, further | 42066 |
| treatment, or disposal; or to reduce the volume of the waste. When | 42067 |
| used in connection with infectious wastes, "treat" or "treatment" | 42068 |
| means any method, technique, or process designed to render the | 42069 |
| wastes noninfectious, including, without limitation, steam | 42070 |
| sterilization and incineration, or, in the instance of wastes | 42071 |
| identified in division (R)(7) of this section, to substantially | 42072 |
| reduce or eliminate the potential for the wastes to cause | 42073 |
| lacerations or puncture wounds. | 42074 |
| (L) "Manifest" means the form used for identifying the | 42075 |
| quantity, composition, origin, routing, and destination of | 42076 |
| hazardous waste during its transportation from the point of | 42077 |
| generation to the point of disposal, treatment, or storage. | 42078 |
| (M) "Storage," when used in connection with hazardous waste, | 42079 |
| means the holding of hazardous waste for a temporary period in | 42080 |
| such a manner that it remains retrievable and substantially | 42081 |
| unchanged physically and chemically and, at the end of the period, | 42082 |
| is treated; disposed of; stored elsewhere; or reused, recycled, or | 42083 |
| reclaimed in a beneficial manner. When used in connection with | 42084 |
| solid wastes that consist of scrap tires, "storage" means the | 42085 |
| holding of scrap tires for a temporary period in such a manner | 42086 |
| that they remain retrievable and, at the end of that period, are | 42087 |
| beneficially used; stored elsewhere; placed in a scrap tire | 42088 |
| monocell or monofill facility licensed under section 3734.81 of | 42089 |
| the Revised Code; processed at a scrap tire recovery facility | 42090 |
| licensed under that section or a solid waste incineration or | 42091 |
| energy recovery facility subject to regulation under this chapter; | 42092 |
| or transported to a scrap tire monocell, monofill, or recovery | 42093 |
| facility, any other solid waste facility authorized to dispose of | 42094 |
| scrap tires, or a facility that will beneficially use the scrap | 42095 |
| tires, that is located in another state and is operating in | 42096 |
| compliance with the laws of the state in which the facility is | 42097 |
| located. | 42098 |
| (N) "Facility" means any site, location, tract of land, | 42099 |
| installation, or building used for incineration, composting, | 42100 |
| sanitary landfilling, or other methods of disposal of solid wastes | 42101 |
| or, if the solid wastes consist of scrap tires, for the | 42102 |
| collection, storage, or processing of the solid wastes; for the | 42103 |
| transfer of solid wastes; for the treatment of infectious wastes; | 42104 |
| or for the storage, treatment, or disposal of hazardous waste. | 42105 |
| (O) "Closure" means the time at which a hazardous waste | 42106 |
| facility will no longer accept hazardous waste for treatment, | 42107 |
| storage, or disposal, the time at which a solid waste facility | 42108 |
| will no longer accept solid wastes for transfer or disposal or, if | 42109 |
| the solid wastes consist of scrap tires, for storage or | 42110 |
| processing, or the effective date of an order revoking the permit | 42111 |
| for a hazardous waste facility or the registration certificate, | 42112 |
| permit, or license for a solid waste facility, as applicable. | 42113 |
| "Closure" includes measures performed to protect public health or | 42114 |
| safety, to prevent air or water pollution, or to make the facility | 42115 |
| suitable for other uses, if any, including, but not limited to, | 42116 |
| the removal of processing residues resulting from solid wastes | 42117 |
| that consist of scrap tires; the establishment and maintenance of | 42118 |
| a suitable cover of soil and vegetation over cells in which | 42119 |
| hazardous waste or solid wastes are buried; minimization of | 42120 |
| erosion, the infiltration of surface water into such cells, the | 42121 |
| production of leachate, and the accumulation and runoff of | 42122 |
| contaminated surface water; the final construction of facilities | 42123 |
| for the collection and treatment of leachate and contaminated | 42124 |
| surface water runoff, except as otherwise provided in this | 42125 |
| division; the final construction of air and water quality | 42126 |
| monitoring facilities, except as otherwise provided in this | 42127 |
| division; the final construction of methane gas extraction and | 42128 |
| treatment systems; or the removal and proper disposal of hazardous | 42129 |
| waste or solid wastes from a facility when necessary to protect | 42130 |
| public health or safety or to abate or prevent air or water | 42131 |
| pollution. With regard to a solid waste facility that is a scrap | 42132 |
| tire facility, "closure" includes the final construction of | 42133 |
| facilities for the collection and treatment of leachate and | 42134 |
| contaminated surface water runoff and the final construction of | 42135 |
| air and water quality monitoring facilities only if those actions | 42136 |
| are determined to be necessary. | 42137 |
| (P) "Premises" means either of the following: | 42138 |
| (1) Geographically contiguous property owned by a generator; | 42139 |
| (2) Noncontiguous property that is owned by a generator and | 42140 |
| connected by a right-of-way that the generator controls and to | 42141 |
| which the public does not have access. Two or more pieces of | 42142 |
| property that are geographically contiguous and divided by public | 42143 |
| or private right-of-way or rights-of-way are a single premises. | 42144 |
| (Q) "Post-closure" means that period of time following | 42145 |
| closure during which a hazardous waste facility is required to be | 42146 |
| monitored and maintained under this chapter and rules adopted | 42147 |
| under it, including, without limitation, operation and maintenance | 42148 |
| of methane gas extraction and treatment systems, or the period of | 42149 |
| time after closure during which a scrap tire monocell or monofill | 42150 |
| facility licensed under section 3734.81 of the Revised Code is | 42151 |
| required to be monitored and maintained under this chapter and | 42152 |
| rules adopted under it. | 42153 |
| (R) "Infectious wastes" includes all of the following | 42154 |
| substances or categories of substances: | 42155 |
| (1) Cultures and stocks of infectious agents and associated | 42156 |
| biologicals, including, without limitation, specimen cultures, | 42157 |
| cultures and stocks of infectious agents, wastes from production | 42158 |
| of biologicals, and discarded live and attenuated vaccines; | 42159 |
| (2) Laboratory wastes that were, or are likely to have been, | 42160 |
| in contact with infectious agents that may present a substantial | 42161 |
| threat to public health if improperly managed; | 42162 |
| (3) Pathological wastes, including, without limitation, human | 42163 |
| and animal tissues, organs, and body parts, and body fluids and | 42164 |
| excreta that are contaminated with or are likely to be | 42165 |
| contaminated with infectious agents, removed or obtained during | 42166 |
| surgery or autopsy or for diagnostic evaluation, provided that, | 42167 |
| with regard to pathological wastes from animals, the animals have | 42168 |
| or are likely to have been exposed to a zoonotic or infectious | 42169 |
| agent; | 42170 |
| (4) Waste materials from the rooms of humans, or the | 42171 |
| enclosures of animals, that have been isolated because of | 42172 |
| diagnosed communicable disease that are likely to transmit | 42173 |
| infectious agents. Such waste materials from the rooms of humans | 42174 |
| do not include any wastes of patients who have been placed on | 42175 |
| blood and body fluid precautions under the universal precaution | 42176 |
| system established by the centers for disease control in the | 42177 |
| public health service of the United States department of health | 42178 |
| and human services, except to the extent specific wastes generated | 42179 |
| under the universal precautions system have been identified as | 42180 |
| infectious wastes by rules adopted under division (R)(8) of this | 42181 |
| section. | 42182 |
| (5) Human and animal blood specimens and blood products that | 42183 |
| are being disposed of, provided that, with regard to blood | 42184 |
| specimens and blood products from animals, the animals were or are | 42185 |
| likely to have been exposed to a zoonotic or infectious agent. | 42186 |
| "Blood products" does not include patient care waste such as | 42187 |
| bandages or disposable gowns that are lightly soiled with blood or | 42188 |
| other body fluids unless those wastes are soiled to the extent | 42189 |
| that the generator of the wastes determines that they should be | 42190 |
| managed as infectious wastes. | 42191 |
| (6) Contaminated carcasses, body parts, and bedding of | 42192 |
| animals that were intentionally exposed to infectious agents from | 42193 |
| zoonotic or human diseases during research, production of | 42194 |
| biologicals, or testing of pharmaceuticals, and carcasses and | 42195 |
| bedding of animals otherwise infected by zoonotic or infectious | 42196 |
| agents that may present a substantial threat to public health if | 42197 |
| improperly managed; | 42198 |
| (7) Sharp wastes used in the treatment, diagnosis, or | 42199 |
| inoculation of human beings or animals or that have, or are likely | 42200 |
| to have, come in contact with infectious agents in medical, | 42201 |
| research, or industrial laboratories, including, without | 42202 |
| limitation, hypodermic needles and syringes, scalpel blades, and | 42203 |
| glass articles that have been broken; | 42204 |
| (8) Any other waste materials generated in the diagnosis, | 42205 |
| treatment, or immunization of human beings or animals, in research | 42206 |
| pertaining thereto, or in the production or testing of | 42207 |
| biologicals, that the public health council created in section | 42208 |
| 3701.33 of the Revised Code, by rules adopted in accordance with | 42209 |
| Chapter 119. of the Revised Code, identifies as infectious wastes | 42210 |
| after determining that the wastes present a substantial threat to | 42211 |
| human health when improperly managed because they are contaminated | 42212 |
| with, or are likely to be contaminated with, infectious agents. | 42213 |
| (S) "Infectious agent" means a type of microorganism, | 42214 |
| helminth, or virus that causes, or significantly contributes to | 42215 |
| the cause of, increased morbidity or mortality of human beings. | 42216 |
| (T) "Zoonotic agent" means a type of microorganism, helminth, | 42217 |
| or virus that causes disease in vertebrate animals and that is | 42218 |
| transmissible to human beings and causes or significantly | 42219 |
| contributes to the cause of increased morbidity or mortality of | 42220 |
| human beings. | 42221 |
| (U) "Solid waste transfer facility" means any site, location, | 42222 |
| tract of land, installation, or building that is used or intended | 42223 |
| to be used primarily for the purpose of transferring solid wastes | 42224 |
| that were generated off the premises of the facility from vehicles | 42225 |
| or containers into other vehicles for transportation to a solid | 42226 |
| waste disposal facility. "Solid waste transfer facility" does not | 42227 |
| include any facility that consists solely of portable containers | 42228 |
| that have an aggregate volume of fifty cubic yards or less nor any | 42229 |
| facility where legitimate recycling activities are conducted. | 42230 |
| (V) "Beneficially use" means to use a scrap tire in a manner | 42231 |
| that results in a commodity for sale or exchange or in any other | 42232 |
| manner authorized as a beneficial use in rules adopted by the | 42233 |
| director in accordance with Chapter 119. of the Revised Code. | 42234 |
| (W) "Commercial car," "commercial tractor," "farm machinery," | 42235 |
| "motor bus," "vehicles," "motor vehicle," and "semitrailer" have | 42236 |
| the same meanings as in section 4501.01 of the Revised Code. | 42237 |
| (X) "Construction equipment" means road rollers, traction | 42238 |
| engines, power shovels, power cranes, and other equipment used in | 42239 |
| construction work, or in mining or producing or processing | 42240 |
| aggregates, and not designed for or used in general highway | 42241 |
| transportation. | 42242 |
| (Y) "Motor vehicle salvage dealer" has the same meaning as in | 42243 |
| section 4738.01 of the Revised Code. | 42244 |
| (Z) "Scrap tire" means an unwanted or discarded tire. | 42245 |
| (AA) "Scrap tire collection facility" means any facility that | 42246 |
| meets all of the following qualifications: | 42247 |
| (1) The facility is used for the receipt and storage of whole | 42248 |
| scrap tires from the public prior to their transportation to a | 42249 |
| scrap tire storage, monocell, monofill, or recovery facility | 42250 |
| licensed under section 3734.81 of the Revised Code; a solid waste | 42251 |
| incineration or energy recovery facility subject to regulation | 42252 |
| under this chapter; a premises within the state where the scrap | 42253 |
| tires will be beneficially used; or a scrap tire storage, | 42254 |
| monocell, monofill, or recovery facility, any other solid waste | 42255 |
| disposal facility authorized to dispose of scrap tires, or a | 42256 |
| facility that will beneficially use the scrap tires, that is | 42257 |
| located in another state, and that is operating in compliance with | 42258 |
| the laws of the state in which the facility is located | 42259 |
| (2) The facility exclusively stores scrap tires in portable | 42260 |
| containers | 42261 |
| (3) The aggregate storage of the portable containers in which | 42262 |
| the scrap tires are stored does not exceed five thousand cubic | 42263 |
| feet. | 42264 |
| (BB) "Scrap tire monocell facility" means an individual site | 42265 |
| within a solid waste landfill that is used exclusively for the | 42266 |
| environmentally sound storage or disposal of whole scrap tires or | 42267 |
| scrap tires that have been shredded, chipped, or otherwise | 42268 |
| mechanically processed. | 42269 |
| (CC) "Scrap tire monofill facility" means an engineered | 42270 |
| facility used or intended to be used exclusively for the storage | 42271 |
| or disposal of scrap tires, including at least facilities for the | 42272 |
| submergence of whole scrap tires in a body of water. | 42273 |
| (DD) "Scrap tire recovery facility" means any facility, or | 42274 |
| portion thereof, for the processing of scrap tires for the purpose | 42275 |
| of extracting or producing usable products, materials, or energy | 42276 |
| from the scrap tires through a controlled combustion process, | 42277 |
| mechanical process, or chemical process. "Scrap tire recovery | 42278 |
| facility" includes any facility that uses the controlled | 42279 |
| combustion of scrap tires in a manufacturing process to produce | 42280 |
| process heat or steam or any facility that produces usable heat or | 42281 |
| electric power through the controlled combustion of scrap tires in | 42282 |
| combination with another fuel, but does not include any solid | 42283 |
| waste incineration or energy recovery facility that is designed, | 42284 |
| constructed, and used for the primary purpose of incinerating | 42285 |
| mixed municipal solid wastes and that burns scrap tires in | 42286 |
| conjunction with mixed municipal solid wastes, or any tire | 42287 |
| retreading business, tire manufacturing finishing center, or tire | 42288 |
| adjustment center having on the premises of the business a single, | 42289 |
| covered scrap tire storage area at which not more than four | 42290 |
| thousand scrap tires are stored. | 42291 |
| (EE) "Scrap tire storage facility" means any facility where | 42292 |
| whole scrap tires are stored prior to their transportation to a | 42293 |
| scrap tire monocell, monofill, or recovery facility licensed under | 42294 |
| section 3734.81 of the Revised Code; a solid waste incineration or | 42295 |
| energy recovery facility subject to regulation under this chapter; | 42296 |
| a premises within the state where the scrap tires will be | 42297 |
| beneficially used; or a scrap tire storage, monocell, monofill, or | 42298 |
| recovery facility, any other solid waste disposal facility | 42299 |
| authorized to dispose of scrap tires, or a facility that will | 42300 |
| beneficially use the scrap tires, that is located in another | 42301 |
| state, and that is operating in compliance with the laws of the | 42302 |
| state in which the facility is located. | 42303 |
| (FF) "Used oil" means any oil that has been refined from | 42304 |
| crude oil, or any synthetic oil, that has been used and, as a | 42305 |
| result of that use, is contaminated by physical or chemical | 42306 |
| impurities. "Used oil" includes only those substances identified | 42307 |
| as used oil by the United States environmental protection agency | 42308 |
| under the "Used Oil Recycling Act of 1980," 94 Stat. 2055, 42 | 42309 |
| U.S.C.A. 6901a, as amended. | 42310 |
| (GG) "Accumulated speculatively" has the same meaning as in | 42311 |
| rules adopted by the director under section 3734.12 of the Revised | 42312 |
| Code. | 42313 |
| Sec. 3734.20. (A) If the director of environmental | 42314 |
| protection has reason to believe that hazardous waste was treated, | 42315 |
| stored, or disposed of at any location within the state,
| 42316 |
| director may conduct such investigations and make such inquiries, | 42317 |
| including obtaining samples and examining and copying records, as | 42318 |
| are reasonable or necessary to determine if conditions at a | 42319 |
| hazardous waste facility, solid waste facility, or other location | 42320 |
| where the director has reason to believe hazardous waste was | 42321 |
| treated, stored, or disposed of constitute a substantial threat to | 42322 |
| public health or safety or are causing or contributing to or | 42323 |
| threatening to cause or contribute to air or water pollution or | 42324 |
| soil contamination. The director or the director's authorized | 42325 |
| representative may apply for, and any judge of a court of common | 42326 |
| pleas shall issue, an appropriate search warrant necessary to | 42327 |
| achieve the purposes of this section within the court's | 42328 |
| territorial jurisdiction. The director may expend moneys from the | 42329 |
| hazardous waste clean-up fund created in section 3734.28 of the | 42330 |
| Revised Code or the environmental protection remediation fund | 42331 |
| created in section 3734.281 of the Revised Code for conducting | 42332 |
| investigations under this section. | 42333 |
| (B) If the director determines that conditions at a hazardous | 42334 |
| waste facility, solid waste facility, or other location where | 42335 |
| hazardous waste was treated, stored, or disposed of constitute a | 42336 |
| substantial threat to public health or safety or are causing or | 42337 |
| contributing to or threatening to cause or contribute to air or | 42338 |
| water pollution or soil contamination, the director shall initiate | 42339 |
| appropriate action under this chapter or Chapter 3704. or 6111. of | 42340 |
| the Revised Code or seek any other appropriate legal or equitable | 42341 |
| remedies to abate the pollution or contamination or to protect | 42342 |
| public health or safety. | 42343 |
| If an order of the director to abate or prevent air or water | 42344 |
| pollution or soil contamination or to remedy a threat to public | 42345 |
| health or safety caused by conditions at such a facility issued | 42346 |
| pursuant to this chapter or Chapter 3704. or 6111. of the Revised | 42347 |
| Code is not wholly complied with within the time prescribed in the | 42348 |
| order, the director may, through officers or employees of the | 42349 |
| environmental protection agency or through contractors employed | 42350 |
| for that purpose in accordance with the bidding procedure | 42351 |
| established in division (C) of section 3734.23 of the Revised | 42352 |
| Code, enter upon the facility and perform those measures necessary | 42353 |
| to abate or prevent air or water pollution or soil contamination | 42354 |
| from the facility or to protect public health or safety, | 42355 |
| including, but not limited to, measures prescribed in division (B) | 42356 |
| of section 3734.23 of the Revised Code. The director shall keep an | 42357 |
| itemized record of the cost of the investigation and measures | 42358 |
| performed, including costs for labor, materials, and any contract | 42359 |
| services required. Upon completion of the investigation or | 42360 |
| measures, the director shall record the cost of performing those | 42361 |
| measures at the office of the county recorder of the county in | 42362 |
| which the facility is located. The cost so recorded constitutes a | 42363 |
| lien against the property on which the facility is located until | 42364 |
| discharged. Upon written request of the director, the attorney | 42365 |
| general shall institute a civil action to recover the cost. Any | 42366 |
| moneys so received shall be credited to the hazardous waste | 42367 |
|
clean-up fund | 42368 |
| the environmental protection remediation fund, as applicable. | 42369 |
| When entering upon a facility under this division, the | 42370 |
| director shall perform or cause to be performed only those | 42371 |
| measures necessary to abate or prevent air or water pollution or | 42372 |
| soil contamination caused by conditions at the facility or to | 42373 |
| abate threats to public health or safety caused by conditions at | 42374 |
| the facility. For this purpose the director may expend moneys from | 42375 |
| 42376 | |
| water development authority to the environmental protection agency | 42377 |
| that pledge moneys from | 42378 |
| for the interest on such loans. | 42379 |
| Sec. 3734.21. (A) The director of environmental protection | 42380 |
| may expend moneys credited to the hazardous waste clean-up fund | 42381 |
| created in section 3734.28 of the Revised Code or the | 42382 |
| environmental protection remediation fund created in section | 42383 |
| 3734.281 of the Revised Code for the payment of the cost of | 42384 |
| measures necessary for the proper closure of hazardous waste | 42385 |
| facilities or any solid waste facilities containing significant | 42386 |
| quantities of hazardous waste, for the payment of costs of the | 42387 |
| development and construction of suitable hazardous waste | 42388 |
| facilities required by division (B) of section 3734.23 of the | 42389 |
| Revised Code to the extent the director determines that such | 42390 |
| facilities are not available, and for the payment of costs that | 42391 |
| are necessary to abate conditions thereon that are causing or | 42392 |
| contributing to or threatening to cause or contribute to air or | 42393 |
| water pollution or soil contamination or that constitute a | 42394 |
| substantial threat to public health or safety. In addition, the | 42395 |
| director may expend and pledge moneys credited
to | 42396 |
| for repayment of and for interest on any loan made by the Ohio | 42397 |
| water development authority to the environmental protection agency | 42398 |
| for the payment of such costs. | 42399 |
| (B) Before beginning to clean up any facility under this | 42400 |
| section, the director shall develop a plan for the cleanup and an | 42401 |
| estimate of the cost thereof. The plan shall include only those | 42402 |
| measures necessary to abate conditions thereon that are causing or | 42403 |
| contributing to or threatening to cause or contribute to air or | 42404 |
| water pollution or soil contamination or that constitute a | 42405 |
| substantial threat to public health or safety, including, but not | 42406 |
| limited to, establishment and maintenance of an adequate cover of | 42407 |
| soil and vegetation on any facility for the burial of hazardous | 42408 |
| waste to prevent the infiltration of water into cells where | 42409 |
| hazardous waste is buried, the accumulation or runoff of | 42410 |
| contaminated surface water, the production of leachate, and air | 42411 |
| emissions of hazardous waste; the collection and treatment of | 42412 |
| contaminated surface water runoff; the collection and treatment of | 42413 |
| leachate; or, if conditions so require, the removal of hazardous | 42414 |
| waste from the facility and the treatment or disposal of the waste | 42415 |
| at a suitable hazardous waste facility. The plan or any part of | 42416 |
| the plan for the cleanup of the facility shall be carried out by | 42417 |
| entering into contracts therefor in accordance with the procedures | 42418 |
| established in division (C) of section 3734.23 of the Revised | 42419 |
| Code. | 42420 |
| Sec. 3734.22. Before beginning to clean up any facility | 42421 |
| under section 3734.21 of the Revised Code, the director of | 42422 |
| environmental protection shall endeavor to enter into an agreement | 42423 |
| with the owner of the land on which the facility is located, or | 42424 |
| with the owner of the facility, specifying the measures to be | 42425 |
| performed and authorizing the director, employees of the agency, | 42426 |
| or contractors retained by the director to enter upon the land and | 42427 |
| perform the specified measures. | 42428 |
| Each agreement | 42429 |
| reimbursement of the state for the costs of the cleanup. | 42430 |
| All reimbursements and payments shall be credited to the | 42431 |
| hazardous waste clean-up fund created in section 3734.28 of the | 42432 |
| Revised Code or the environmental protection remediation fund | 42433 |
| created in section 3734.281 of the Revised Code, as applicable. | 42434 |
| The agreement may require the owner to execute an easement | 42435 |
| whereby the director, an authorized employee of the agency, or a | 42436 |
| contractor employed by the agency in accordance with the bidding | 42437 |
| procedure established in division (C) of section 3734.23 of the | 42438 |
| Revised Code may enter upon the facility to sample, repair, or | 42439 |
| reconstruct air and water quality monitoring equipment constructed | 42440 |
| under the agreement. Such easements shall be for a specified | 42441 |
| period of years and may be extinguished by agreement between the | 42442 |
| owner and the director. When necessary to protect the public | 42443 |
| health or safety, the agreement may require the owner to enter | 42444 |
| into an environmental covenant with the director in accordance | 42445 |
| with sections 5301.80 to 5301.92 of the Revised Code. | 42446 |
| Upon a breach of the reimbursement provisions of the | 42447 |
| agreement by the owner of the land or facility, or upon | 42448 |
| notification to the director by the owner that the owner is unable | 42449 |
| to perform the duties under the reimbursement provisions of the | 42450 |
|
agreement, the director | 42451 |
| of the costs of cleanup at the office of the county recorder of | 42452 |
| the county in which the facility is located. The costs so recorded | 42453 |
| constitute a lien against the property on which the facility is | 42454 |
| located until discharged. Upon written request of the director, | 42455 |
| the attorney general shall institute a civil action to recover the | 42456 |
| unreimbursed portion of the costs of cleanup. Any moneys so | 42457 |
| recovered shall be credited to the hazardous waste clean-up fund | 42458 |
| or the environmental protection remediation fund, as applicable. | 42459 |
| Sec. 3734.23. (A) The director of environmental protection | 42460 |
| may acquire by purchase, gift, donation, contribution, or | 42461 |
| appropriation in accordance with sections 163.01 to 163.21 of the | 42462 |
| Revised Code any hazardous waste facility or any solid waste | 42463 |
| facility containing significant quantities of hazardous waste | 42464 |
| that, because of its condition and the types and quantities of | 42465 |
| hazardous waste contained in the facility, constitutes an imminent | 42466 |
| and substantial threat to public health or safety or results in | 42467 |
| air pollution, pollution of the waters of the state, or soil | 42468 |
| contamination. For this purpose and for the purposes of division | 42469 |
| (B) of this section, the director may expend moneys from the | 42470 |
| hazardous waste clean-up fund created in section 3734.28 of the | 42471 |
| Revised Code or the environmental protection remediation fund | 42472 |
| created in section 3734.281 of the Revised Code and may expend | 42473 |
| moneys from loans from the Ohio water development authority to the | 42474 |
| environmental protection
agency that pledge moneys from | 42475 |
| fund for the repayment of and for the interest on such loans. Any | 42476 |
| lands or facilities purchased or acquired under this section shall | 42477 |
| be deeded to the state, but no deed shall be accepted or the | 42478 |
| purchase price paid until the title has been approved by the | 42479 |
| attorney general. | 42480 |
| (B) The director shall, with respect to any land or facility | 42481 |
| acquired under this section or cleaned up under section 3734.20 of | 42482 |
| the Revised Code, perform closure or other measures necessary to | 42483 |
| abate conditions thereon that are causing or contributing to or | 42484 |
| threatening to cause or contribute to air or water pollution or | 42485 |
| soil contamination or that constitute a substantial threat to | 42486 |
| public health or safety, including, but not limited to, | 42487 |
| establishment and maintenance of an adequate cover of soil and | 42488 |
| vegetation on any facility for the burial of hazardous waste to | 42489 |
| prevent the infiltration of water into cells where hazardous waste | 42490 |
| is buried, the accumulation or runoff of contaminated surface | 42491 |
| water, the production of leachate, and air emissions of hazardous | 42492 |
| waste; the collection and treatment of contaminated surface water | 42493 |
| runoff; the collection and treatment of leachate; or, if | 42494 |
| conditions so require, the removal of hazardous waste from the | 42495 |
| facility and the treatment or disposal of the waste at a suitable | 42496 |
| hazardous waste facility. After performing these measures, the | 42497 |
| director shall provide for the post-closure care, maintenance, and | 42498 |
| monitoring of facilities cleaned up under this section. | 42499 |
| (C) Before proceeding to clean up any facility under this | 42500 |
| section or section 3734.20 or 3734.21 of the Revised Code, the | 42501 |
| director shall develop a plan for the cleanup of the facility and | 42502 |
| an estimate of the cost thereof. The director may carry out the | 42503 |
| plan or any part of the plan by contracting for the services, | 42504 |
| construction, and repair necessary therefor. The director shall | 42505 |
| award each such contract to the lowest responsible bidder after | 42506 |
| sealed bids therefor are received, opened, and published at the | 42507 |
| time fixed by the director and notice of the time and place at | 42508 |
| which the sealed bids will be received, opened, and published has | 42509 |
| been published by the director in a newspaper of general | 42510 |
| circulation in the county in which the facility to be cleaned up | 42511 |
| under the contract is located at least once within the ten days | 42512 |
| before the opening of the bids. However, if after advertising for | 42513 |
| bids for the contract, no bids are received by the director at the | 42514 |
| time and place fixed for receiving them, the director may | 42515 |
| advertise again for bids, or | 42516 |
| director considers the public interest will best be served | 42517 |
| thereby, enter into a contract for the cleanup of the facility | 42518 |
| without further advertisement for bids. The director may reject | 42519 |
| any or all bids received and fix and publish again notice of the | 42520 |
| time and place at which bids for the contracts will be received, | 42521 |
| opened, and published. | 42522 |
| (D) The director shall keep an itemized record of the costs | 42523 |
| of any acquisition under division (A) of this section and the | 42524 |
| costs of cleanup under division (B) of this section. | 42525 |
| Sec. 3734.28. All moneys collected under sections 3734.122, | 42526 |
| 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised | 42527 |
| Code and natural resource damages collected by the state under the | 42528 |
| "Comprehensive Environmental Response, Compensation, and Liability | 42529 |
| Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall | 42530 |
| be paid into the state treasury to the credit of the hazardous | 42531 |
| waste clean-up fund, which is hereby created. In addition, any | 42532 |
| moneys recovered for costs paid from the fund for activities | 42533 |
| described in division (A)(1) and (2) of section 3745.12 of the | 42534 |
| Revised Code shall be credited to the fund. The environmental | 42535 |
| protection agency shall use the moneys in the fund for the | 42536 |
| purposes set forth in division (D) of section 3734.122, sections | 42537 |
| 3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 3734.26, and 3734.27, | 42538 |
| and, through October 15, 2005, divisions (A)(1) and (2) of section | 42539 |
| 3745.12 and Chapter 3746. of the Revised Code, including any | 42540 |
| related enforcement expenses. In addition, the agency shall use | 42541 |
| the moneys in the fund to pay the state's long-term operation and | 42542 |
| maintenance costs or matching share for actions taken under the | 42543 |
| "Comprehensive Environmental Response, Compensation, and Liability | 42544 |
| Act of 1980," as amended. If those moneys are reimbursed by grants | 42545 |
| or other moneys from the United States or any other person, the | 42546 |
| moneys shall be placed in the fund and not in the general revenue | 42547 |
| fund. | 42548 |
| Sec. 3734.57. (A) | 42549 |
| 42550 | |
| 42551 | |
| 42552 | |
| 42553 | |
| 42554 | |
| 42555 | |
| 42556 | |
| 42557 | |
| 42558 | |
| 42559 | |
| 42560 | |
| 42561 | |
| 42562 | |
| 42563 | |
| 42564 | |
| 42565 | |
| 42566 | |
| 42567 | |
| 42568 | |
| 42569 | |
| 42570 | |
| 42571 | |
| 42572 | |
| 42573 | |
| 42574 | |
| 42575 | |
| solid wastes in this state: | 42576 |
| (1) One dollar per ton on and after July 1, | 42577 |
| June 30, 2008, one-half of the proceeds of which shall be | 42578 |
| deposited in the state treasury to the credit of the hazardous | 42579 |
| waste facility management fund created in section 3734.18 of the | 42580 |
| Revised Code and one-half of the proceeds of which shall be | 42581 |
| deposited in the state treasury to the credit of the hazardous | 42582 |
| waste clean-up fund created in section 3734.28 of the Revised | 42583 |
| Code; | 42584 |
| (2) An additional one dollar per ton on and after July 1, | 42585 |
| 2003, through June 30,
| 42586 |
| deposited in the state treasury to the credit of the solid waste | 42587 |
| fund, which is hereby created. The environmental protection agency | 42588 |
| shall use money in the solid waste fund to pay the costs of | 42589 |
| administering and enforcing the laws pertaining to solid wastes, | 42590 |
| infectious wastes, and construction and demolition debris, | 42591 |
| including, without limitation, ground water evaluations related to | 42592 |
| solid wastes, infectious wastes, and construction and demolition | 42593 |
| debris, under this chapter and Chapter 3714. of the Revised Code | 42594 |
| and any rules adopted under them, providing compliance assistance | 42595 |
| to small businesses, and paying a share of the administrative | 42596 |
| costs of the environmental protection agency pursuant to section | 42597 |
| 3745.014 of the Revised Code. | 42598 |
| (3) An additional one dollar and fifty cents per ton on and | 42599 |
| after July 1, 2005, through June 30, 2008, the proceeds of which | 42600 |
| shall be deposited in the state treasury to the credit of the | 42601 |
| environmental protection fund created in section 3745.015 of the | 42602 |
| Revised Code. | 42603 |
| In the case of solid wastes that are taken to a solid waste | 42604 |
| transfer facility located in this state prior to being transported | 42605 |
| to a solid waste disposal facility for disposal, the fees levied | 42606 |
| under this division shall be collected by the owner or operator of | 42607 |
| the transfer facility as a trustee for the state. The amount of | 42608 |
| fees required to be collected under this division at such a | 42609 |
| transfer facility shall equal the total tonnage of solid wastes | 42610 |
| received at the facility multiplied by the fees levied under this | 42611 |
| division. In the case of solid wastes that are not taken to a | 42612 |
| solid waste transfer facility located in this state prior to being | 42613 |
| transported to a solid waste disposal facility, the fees shall be | 42614 |
| collected by the owner or operator of the solid waste disposal | 42615 |
| facility as a trustee for the state. The amount of fees required | 42616 |
| to be collected under this division at such a disposal facility | 42617 |
| shall equal the total tonnage of solid wastes received at the | 42618 |
| facility that was not previously taken to a solid waste transfer | 42619 |
| facility located in this state multiplied by the fees levied under | 42620 |
| this division. Fees levied under this division do not apply to | 42621 |
| materials separated from a mixed waste stream for recycling by a | 42622 |
| generator or materials removed from the solid waste stream through | 42623 |
| recycling, as "recycling" is defined in rules adopted under | 42624 |
| section 3734.02 of the Revised Code. | 42625 |
| The owner or operator of a solid waste transfer facility or | 42626 |
| disposal facility
| 42627 |
| 42628 | |
| prepare and file with the director of environmental protection | 42629 |
| 42630 | |
| of solid wastes received | 42631 |
| during that month and the total amount of the fees required to be | 42632 |
| collected under this division during that month. In addition, the | 42633 |
| owner or operator of a solid waste disposal facility shall | 42634 |
| indicate on the return the total tonnage of solid wastes received | 42635 |
| from transfer facilities located in this state during that month | 42636 |
| for which the fees were required to be collected by the transfer | 42637 |
| facilities. The monthly returns shall be filed on a form | 42638 |
| prescribed by the director. Not later than thirty days after the | 42639 |
| last day of the
month to which | 42640 |
| operator shall mail to the director the return for that month | 42641 |
| together with the fees required to be collected under this | 42642 |
| division during that month as indicated on the return. | 42643 |
| return is filed and the amount of the fees due is paid in a timely | 42644 |
| manner as required in this division, the owner or operator may | 42645 |
| retain a discount of three-fourths of one per cent of the total | 42646 |
| amount of the fees that are required to be paid as indicated on | 42647 |
| the return. | 42648 |
| The owner or operator may request an extension of not more | 42649 |
| than thirty days for filing the return and remitting the fees, | 42650 |
| provided that the owner or operator has submitted such a request | 42651 |
| in writing to the director together with a detailed description of | 42652 |
| why the extension is requested, the director has received the | 42653 |
| request not later than the day on which the return is required to | 42654 |
| be filed, and the director has approved the request. If the fees | 42655 |
| are not remitted within thirty days after the last day of the | 42656 |
| month | 42657 |
| or are not remitted by the last day of an extension approved by | 42658 |
| the director, the owner or operator shall not retain the | 42659 |
| three-fourths of one per cent discount and shall pay an additional | 42660 |
| 42661 | |
| they are late. For purposes of calculating the late fee, the first | 42662 |
| month in which fees are late begins on the first day after the | 42663 |
| deadline has passed for timely submitting the return and fees, and | 42664 |
| one additional month shall be counted every thirty days | 42665 |
| thereafter. | 42666 |
| | 42667 |
| 42668 | |
| 42669 | |
| 42670 | |
| 42671 | |
| 42672 | |
| 42673 | |
| 42674 | |
| 42675 | |
| 42676 | |
| 42677 | |
| 42678 | |
| 42679 | |
| 42680 | |
| 42681 | |
| 42682 | |
| 42683 |
| The owner or operator of a solid waste facility may request a | 42684 |
| refund or credit of fees levied under this division and remitted | 42685 |
| to the director that have not been paid to the owner or operator. | 42686 |
| Such a request shall be made only if the fees have not been | 42687 |
| collected by the owner or operator, have become a debt that has | 42688 |
| become worthless or uncollectable for a period of six months or | 42689 |
| more, and may be claimed as a deduction, including a deduction | 42690 |
| claimed if the owner or operator keeps accounts on an accrual | 42691 |
| basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26 | 42692 |
| U.S.C. 166, as amended, and regulations adopted under it. Prior to | 42693 |
| making a request for a refund or credit, an owner or operator | 42694 |
| shall make reasonable efforts to collect the applicable fees. A | 42695 |
| request for a refund or credit shall not include any costs | 42696 |
| resulting from those efforts to collect unpaid fees. | 42697 |
| A request for a refund or credit of fees shall be made in | 42698 |
| writing, on a form prescribed by the director, and shall be | 42699 |
| supported by evidence that may be required in rules adopted by the | 42700 |
| director under this chapter. After reviewing the request, the | 42701 |
| director may grant a refund to the owner or operator or may permit | 42702 |
| a credit to be taken by the owner or operator on a subsequent | 42703 |
| monthly return submitted by the owner or operator. The amount of a | 42704 |
| refund or credit shall not exceed an amount that is equal to | 42705 |
| ninety days' worth of fees owed to an owner or operator by a | 42706 |
| particular debtor of the owner or operator. A refund or credit | 42707 |
| shall not be granted by the director to an owner or operator more | 42708 |
| than once in any twelve-month period for fees owed to the owner or | 42709 |
| operator by a particular debtor. | 42710 |
| If, after receiving a refund or credit from the director, an | 42711 |
| owner or operator receives payment of all or part of the fees, the | 42712 |
| owner or operator shall remit the fees with the next monthly | 42713 |
| return submitted to the director together with a written | 42714 |
| explanation of the reason for the submittal. | 42715 |
| For purposes of computing the fees levied under this division | 42716 |
| or division (B) of this section, any solid waste transfer or | 42717 |
| disposal facility that does not use scales as a means of | 42718 |
| determining gate receipts shall use a conversion factor of three | 42719 |
| cubic yards per ton of solid waste or one cubic yard per ton for | 42720 |
| baled waste, as applicable. | 42721 |
| The fees levied under this division and divisions (B) and (C) | 42722 |
| of this section are in addition to all other applicable fees and | 42723 |
|
taxes and shall be | 42724 |
| 42725 | |
| operator of a solid
waste
transfer or disposal facility | 42726 |
| 42727 | |
| 42728 | |
| 42729 | |
| contract that the customer may have with the owner or operator | 42730 |
| that would not require or allow such payment. | 42731 |
| (B) For the | 42732 |
| 42733 | |
| 42734 | |
| 42735 | |
| 42736 | |
| 42737 | |
| 42738 | |
| 42739 | |
| 42740 | |
| 42741 | |
| 42742 | |
| 42743 | |
| 42744 | |
| 42745 | |
| 42746 | |
| 42747 | |
| 42748 | |
| 42749 | |
| 42750 | |
| 42751 | |
| 42752 | |
| 42753 | |
| 42754 | |
| 42755 | |
| 42756 | |
| 42757 | |
| 42758 | |
| 42759 | |
| 42760 | |
| 42761 | |
| 42762 | |
| 42763 | |
| 42764 | |
| 42765 | |
| 42766 | |
| 42767 | |
| 42768 | |
| 42769 | |
| 42770 | |
| 42771 | |
| 42772 | |
| 42773 | |
| 42774 | |
| 42775 | |
| 42776 | |
| 42777 | |
| specified in division (G) of this section, the solid waste | 42778 |
| management policy committee of a county or joint solid waste | 42779 |
| management district may levy fees upon the following activities: | 42780 |
| (1) The disposal at a solid waste disposal facility located | 42781 |
| in the district of solid wastes generated within the district; | 42782 |
| (2) The disposal at a solid waste disposal facility within | 42783 |
| the district of solid wastes generated outside the boundaries of | 42784 |
| the district, but inside this state; | 42785 |
| (3) The disposal at a solid waste disposal facility within | 42786 |
| the district of solid wastes generated outside the boundaries of | 42787 |
| this state. | 42788 |
| | 42789 |
| 42790 | |
| 42791 | |
| 42792 | |
| 42793 | |
| 42794 | |
| 42795 | |
| 42796 | |
| district approved under section 3734.521 or 3734.55 of the Revised | 42797 |
| Code and any amendments to it, or the resolution adopted under | 42798 |
| this division, as appropriate, shall establish the rates of the | 42799 |
| fees levied under divisions (B)(1), (2), and (3) of this section, | 42800 |
| if any, and shall specify whether the fees are levied on the basis | 42801 |
|
of tons or cubic yards as the
unit of measurement. | 42802 |
| 42803 | |
| 42804 | |
|
management | 42805 |
| 42806 | |
| 42807 | |
| under
| 42808 |
| cubic yards | 42809 |
| 42810 | |
| 42811 | |
| 42812 | |
| 42813 | |
| 42814 | |
| section. | 42815 |
| | 42816 |
| division (B)(1) of this section shall be not less than one dollar | 42817 |
| per ton nor more than two dollars per ton, the fee levied under | 42818 |
| division (B)(2) of this section shall be not less than two dollars | 42819 |
| per ton nor more than four dollars per ton, and the fee levied | 42820 |
| under division (B)(3) of this section shall be not more than the | 42821 |
| fee
levied under division (B)(1) of this section | 42822 |
| 42823 | |
| 42824 | |
| 42825 | |
| 42826 | |
| 42827 | |
| 42828 | |
| 42829 | |
| 42830 | |
| 42831 | |
| 42832 | |
| 42833 | |
| 42834 | |
| 42835 | |
| 42836 | |
| 42837 | |
| 42838 | |
| 42839 | |
| 42840 | |
| 42841 | |
| 42842 | |
| 42843 | |
| 42844 | |
| 42845 | |
| 42846 | |
| 42847 | |
| 42848 | |
| 42849 | |
| 42850 | |
| 42851 | |
| 42852 | |
| 42853 | |
| 42854 |
| | 42855 |
| 42856 | |
| 42857 | |
| 42858 | |
| 42859 | |
| 42860 | |
| 42861 | |
| 42862 | |
| 42863 | |
| 42864 | |
| 42865 | |
| 42866 | |
| 42867 | |
| 42868 | |
| 42869 | |
| 42870 | |
| 42871 | |
| 42872 | |
| 42873 | |
| 42874 | |
| 42875 | |
| 42876 | |
| 42877 | |
| 42878 | |
| 42879 | |
| 42880 | |
| 42881 | |
| 42882 | |
| 42883 | |
| 42884 | |
| 42885 | |
| 42886 |
| Prior to the approval of the solid waste management plan of | 42887 |
| 42888 | |
| solid waste management policy committee of a district may levy | 42889 |
| fees under this division by adopting a resolution establishing the | 42890 |
| proposed amount of the fees. Upon adopting the resolution, the | 42891 |
| committee shall deliver a copy of the resolution to the board of | 42892 |
| county commissioners of each county forming the district and to | 42893 |
| the legislative authority of each municipal corporation and | 42894 |
| township under the jurisdiction of the district and shall prepare | 42895 |
| and publish the resolution and a notice of the time and location | 42896 |
| where a public hearing on the fees will be held. Upon adopting the | 42897 |
| resolution, the committee shall deliver written notice of the | 42898 |
| adoption of the resolution; of the amount of the proposed fees; | 42899 |
| and of the date, time, and location of the public hearing to the | 42900 |
| director and to the fifty industrial, commercial, or institutional | 42901 |
| generators of solid wastes within the district that generate the | 42902 |
| largest quantities of solid wastes, as determined by the | 42903 |
| committee, and to their local trade associations. The committee | 42904 |
| shall make good faith efforts to identify those generators within | 42905 |
| the district and their local trade associations, but the | 42906 |
| nonprovision of notice under this division to a particular | 42907 |
| generator or local trade association does not invalidate the | 42908 |
| proceedings under this division. The publication shall occur at | 42909 |
| least thirty days before the hearing. After the hearing, the | 42910 |
| committee may make such revisions to the proposed fees as it | 42911 |
| considers appropriate and thereafter, by resolution, shall adopt | 42912 |
| the revised fee schedule. Upon adopting the revised fee schedule, | 42913 |
| the committee shall deliver a copy of the resolution doing so to | 42914 |
| the board of county commissioners of each county forming the | 42915 |
| district and to the legislative authority of each municipal | 42916 |
| corporation and township under the jurisdiction of the district. | 42917 |
| Within sixty days after the delivery of a copy of the resolution | 42918 |
| adopting the proposed revised fees by the policy committee, each | 42919 |
| such board and legislative authority, by ordinance or resolution, | 42920 |
| shall approve or disapprove the revised fees and deliver a copy of | 42921 |
| the ordinance or resolution to the committee. If any such board or | 42922 |
| legislative authority fails to adopt and deliver to the policy | 42923 |
| committee an ordinance or resolution approving or disapproving the | 42924 |
| revised fees within sixty days after the policy committee | 42925 |
| delivered its resolution adopting the proposed revised fees, it | 42926 |
| shall be conclusively presumed that the board or legislative | 42927 |
| authority has approved the proposed revised fees. The committee | 42928 |
| shall determine if the resolution has been ratified in the same | 42929 |
| manner in which it determines if a draft solid waste management | 42930 |
| plan has been ratified under division (B) of section 3734.55 of | 42931 |
| the Revised Code. | 42932 |
| | 42933 |
| 42934 | |
| 42935 | |
| 42936 | |
| 42937 | |
| 42938 | |
| 42939 | |
| 42940 | |
| 42941 | |
| 42942 | |
| 42943 | |
| 42944 | |
| 42945 | |
| 42946 | |
| 42947 | |
| 42948 | |
| 42949 | |
| 42950 | |
| 42951 | |
| 42952 | |
| 42953 | |
| 42954 | |
| 42955 | |
| 42956 | |
| 42957 | |
| 42958 | |
| 42959 | |
| 42960 | |
| 42961 | |
| 42962 |
| | 42963 |
| 42964 | |
| 42965 | |
| 42966 | |
| 42967 | |
| 42968 | |
| 42969 | |
| 42970 | |
| 42971 | |
| 42972 |
| The committee may amend the schedule of fees levied pursuant | 42973 |
|
to a resolution | 42974 |
| this division by adopting a resolution establishing the proposed | 42975 |
|
amount of the amended fees. The
committee may | 42976 |
| fees
levied pursuant to such a
resolution | 42977 |
| adopting a resolution proposing to repeal them. Upon adopting such | 42978 |
| a resolution, the committee shall proceed to obtain ratification | 42979 |
| of the resolution in accordance with this division. | 42980 |
| Not later than fourteen days after declaring the new fees | 42981 |
| 42982 | |
| division, the committee shall notify by certified mail the owner | 42983 |
| or operator of each solid waste disposal facility that is required | 42984 |
| to collect the fees of the ratification and the amount of the fees | 42985 |
| or of the repeal of the fees. Collection
of any
fees | 42986 |
| 42987 | |
| collection of repealed fees shall cease on the first day of the | 42988 |
| second month following the month in which notification is sent to | 42989 |
| the owner or operator. | 42990 |
| | 42991 |
| 42992 | |
| 42993 | |
| 42994 | |
| 42995 | |
| 42996 | |
| 42997 |
| Fees levied under this division also may be established, | 42998 |
| amended, or repealed by a solid waste management policy committee | 42999 |
| through the adoption of a new district solid waste management | 43000 |
| plan, the adoption of an amended plan, or the amendment of the | 43001 |
| plan or amended plan in accordance with sections 3734.55 and | 43002 |
| 3734.56 of the Revised Code or the adoption or amendment of a | 43003 |
| district plan in connection with a change in district composition | 43004 |
| under section 3734.521 of the Revised Code. | 43005 |
| Not later than fourteen days after the director issues an | 43006 |
|
order approving a district's solid waste management plan | 43007 |
| 43008 | |
| 43009 | |
| amendment to a plan or amended plan that
establishes
| 43010 |
| or repeals a schedule of fees levied by the district,
| 43011 |
| 43012 | |
| 43013 | |
| 43014 | |
| 43015 | |
| owner or operator of each solid waste disposal facility that is | 43016 |
| required to collect the fees of the approval of the plan or | 43017 |
| amended plan, or the amendment to the plan, as appropriate, and | 43018 |
|
the amount of the fees | 43019 |
| initial or amended plan approved under section 3734.521 of the | 43020 |
| Revised Code in connection with a change in district composition, | 43021 |
| other than one involving the withdrawal of a county from a joint | 43022 |
|
district, | 43023 |
| 43024 | |
| 43025 | |
| after the change takes effect pursuant to division (G) of that | 43026 |
| section, shall notify by certified mail the owner or operator of | 43027 |
| each solid waste disposal facility that is required to collect the | 43028 |
| fees that the change has taken effect and of the amount of the | 43029 |
|
fees | 43030 |
| 43031 | |
| 43032 | |
| 43033 | |
| 43034 | |
| fees shall cease on the first day of the second month following | 43035 |
| the month in which notification is sent to the owner or operator. | 43036 |
| | 43037 |
| 43038 | |
| 43039 | |
| 43040 | |
| 43041 | |
| 43042 | |
| 43043 | |
| 43044 | |
| 43045 | |
| 43046 | |
| 43047 | |
| 43048 | |
| 43049 | |
| 43050 | |
| 43051 | |
| 43052 | |
| 43053 | |
| 43054 | |
| 43055 | |
| 43056 | |
| 43057 | |
| 43058 | |
| 43059 | |
| 43060 | |
| 43061 |
| | 43062 |
| 43063 | |
| 43064 | |
| 43065 | |
| 43066 | |
| 43067 | |
| 43068 | |
| 43069 | |
| 43070 | |
| 43071 | |
| 43072 | |
| 43073 | |
| 43074 | |
| 43075 | |
| 43076 | |
| 43077 |
| If, in the case of a change in district composition involving | 43078 |
| the withdrawal of a county from a joint district, the director | 43079 |
| completes the actions required under division (G)(1) or (3) of | 43080 |
| section 3734.521 of the Revised Code, as appropriate, forty-five | 43081 |
| days or more before the beginning of a calendar year, the policy | 43082 |
| committee of each of the districts resulting from the change that | 43083 |
| obtained the director's approval of an initial or amended plan in | 43084 |
| connection with the change, within fourteen days after the | 43085 |
| director's completion of the required actions, shall notify by | 43086 |
| certified mail the owner or operator of each solid waste disposal | 43087 |
| facility that is required to collect the district's fees that the | 43088 |
| change is to take effect on the first day of January immediately | 43089 |
| following the issuance of the notice and of the amount of the fees | 43090 |
| or amended fees levied under divisions (B)(1) to (3) of this | 43091 |
| section pursuant to the district's initial or amended plan as so | 43092 |
|
approved or, if
appropriate, the | 43093 |
| district's fees by that initial or amended plan. Collection of any | 43094 |
| fees set forth in such a plan or amended plan shall commence on | 43095 |
| the first day of January immediately following the issuance of the | 43096 |
| notice.
If
such an initial or amended plan | 43097 |
| schedule of fees, collection of the fees shall cease on that first | 43098 |
| day of January. | 43099 |
| If, in the case of a change in district composition involving | 43100 |
| the withdrawal of a county from a joint district, the director | 43101 |
| completes the actions required under division (G)(1) or (3) of | 43102 |
| section 3734.521 of the Revised Code, as appropriate, less than | 43103 |
| forty-five days before the beginning of a calendar year, the | 43104 |
| director, on behalf of each of the districts resulting from the | 43105 |
| change that obtained the director's approval of an initial or | 43106 |
| amended plan in connection with the change proceedings, shall | 43107 |
| notify by certified mail the owner or operator of each solid waste | 43108 |
| disposal facility that is required to collect the district's fees | 43109 |
| that the change is to take effect on the first day of January | 43110 |
| immediately following the mailing of the notice and of the amount | 43111 |
| of the fees or amended fees levied under divisions (B)(1) to (3) | 43112 |
| of this section pursuant to the district's initial or amended plan | 43113 |
|
as so approved or, if
appropriate, the | 43114 |
| district's fees by that initial or amended plan. Collection of any | 43115 |
| fees set forth in such a plan or amended plan shall commence on | 43116 |
| the first day of the second month following the month in which | 43117 |
| notification is sent to the owner or operator. If such an initial | 43118 |
|
or amended
plan | 43119 |
| of the fees shall cease on the first day of the second month | 43120 |
| following the month in which notification is sent to the owner or | 43121 |
| operator. | 43122 |
| | 43123 |
| district is levying under divisions (B)(1) to (3) of this section | 43124 |
| is amended or repealed, the fees in effect immediately prior to | 43125 |
| the amendment or repeal shall continue to be collected until | 43126 |
| collection of the amended fees commences or collection of the | 43127 |
| repealed fees ceases, as applicable, as specified in this | 43128 |
| division. In the case of a change in district composition, | 43129 |
| 43130 | |
| 43131 | |
| 43132 | |
| 43133 | |
| 43134 | |
| 43135 | |
| 43136 | |
| 43137 | |
| 43138 | |
| 43139 | |
| 43140 | |
| 43141 | |
| 43142 | |
| 43143 | |
| 43144 | |
| 43145 | |
| 43146 | |
| former districts shall be divided among the resulting districts in | 43147 |
| accordance with division (B) of section 343.012 of the Revised | 43148 |
| Code and the agreements entered into under division (B) of section | 43149 |
| 343.01 of the Revised Code to establish the former and resulting | 43150 |
| districts and any amendments to those agreements. | 43151 |
| For the purposes of the provisions of division (B) of this | 43152 |
| section establishing the times when newly established or amended | 43153 |
| fees levied by a district are required to commence and the | 43154 |
|
collection of fees that have been amended or | 43155 |
| required to cease, "fees" or "schedule of fees" includes, in | 43156 |
| addition to fees levied under divisions (B)(1) to (3) of this | 43157 |
| section, those levied under section 3734.573 or 3734.574 of the | 43158 |
| Revised Code. | 43159 |
| (C) For the purposes of defraying the added costs to a | 43160 |
| municipal corporation or township of maintaining roads and other | 43161 |
| public facilities and of providing emergency and other public | 43162 |
| services, and compensating a municipal corporation or township for | 43163 |
| reductions in real property tax revenues due to reductions in real | 43164 |
| property valuations resulting from the location and operation of a | 43165 |
| solid waste disposal facility within the municipal corporation or | 43166 |
| township, a municipal corporation or township in which such a | 43167 |
| solid waste disposal facility is located may levy a fee of not | 43168 |
| more than twenty-five cents per ton on the disposal of solid | 43169 |
| wastes at a solid waste disposal facility located within the | 43170 |
| boundaries of the municipal corporation or township regardless of | 43171 |
| where the wastes were generated. | 43172 |
| The legislative authority of a municipal corporation or | 43173 |
| township may levy fees under this division by enacting an | 43174 |
| ordinance or adopting a resolution establishing the amount of the | 43175 |
| fees. Upon so doing the legislative authority shall mail a | 43176 |
| certified copy of the ordinance or resolution to the board of | 43177 |
| county commissioners or directors of the county or joint solid | 43178 |
| waste management district in which the municipal corporation or | 43179 |
| township is located or, if a regional solid waste management | 43180 |
| authority has been formed under section 343.011 of the Revised | 43181 |
| Code, to the board of trustees of that regional authority, the | 43182 |
| owner or operator of each solid waste disposal facility in the | 43183 |
| municipal corporation or township that is required to collect the | 43184 |
| fee by the ordinance or resolution, and the director of | 43185 |
| environmental protection. Although the fees levied under this | 43186 |
| division are levied on the basis of tons as the unit of | 43187 |
| measurement, the legislative authority, in its ordinance or | 43188 |
| resolution levying the fees under this division, may direct that | 43189 |
| the fees be levied on the basis of cubic yards as the unit of | 43190 |
| measurement based upon a conversion factor of three cubic yards | 43191 |
| per ton generally or one cubic yard per ton for baled wastes. | 43192 |
| Not later than five days after enacting an ordinance or | 43193 |
| adopting a resolution under this division, the legislative | 43194 |
| authority shall so notify by certified mail the owner or operator | 43195 |
| of each solid waste disposal facility that is required to collect | 43196 |
| the fee. Collection of any fee levied on or after March 24, 1992, | 43197 |
| shall commence on the first day of the second month following the | 43198 |
| month in which notification is sent to the owner or operator. | 43199 |
| (D)(1) The fees levied under divisions (A), (B), and (C) of | 43200 |
| this section do not apply to the disposal of solid wastes that: | 43201 |
| (a) Are disposed of at a facility owned by the generator of | 43202 |
| the wastes when the solid waste facility exclusively disposes of | 43203 |
| solid wastes generated at one or more premises owned by the | 43204 |
| generator regardless of whether the facility is located on a | 43205 |
| premises where the wastes are generated; | 43206 |
| (b) Are disposed of at facilities that exclusively dispose of | 43207 |
| wastes that are generated from the combustion of coal, or from the | 43208 |
| combustion of primarily coal in combination with scrap tires, that | 43209 |
| is not combined in any way with garbage at one or more premises | 43210 |
| owned by the generator. | 43211 |
| (2) Except as provided in section 3734.571 of the Revised | 43212 |
| Code, any fees levied under division (B)(1) of this section apply | 43213 |
| to solid wastes originating outside the boundaries of a county or | 43214 |
| joint district that are covered by an agreement for the joint use | 43215 |
| of solid waste facilities entered into under section 343.02 of the | 43216 |
| Revised Code by the board of county commissioners or board of | 43217 |
| directors of the county or joint district where the wastes are | 43218 |
| generated and disposed of. | 43219 |
| (3) When solid wastes, other than solid wastes that consist | 43220 |
| of scrap tires, are burned in a disposal facility that is an | 43221 |
| incinerator or energy recovery facility, the fees levied under | 43222 |
| divisions (A), (B), and (C) of this section shall be levied upon | 43223 |
| the disposal of the fly ash and bottom ash remaining after burning | 43224 |
| of the solid wastes and shall be collected by the owner or | 43225 |
| operator of the sanitary landfill where the ash is disposed of. | 43226 |
| (4) When solid wastes are delivered to a solid waste transfer | 43227 |
| facility, the fees levied under divisions | 43228 |
| this section shall be levied upon the disposal of solid wastes | 43229 |
| transported off the premises of the transfer facility for disposal | 43230 |
| and shall be collected by the owner or operator of the solid waste | 43231 |
| disposal facility where the wastes are disposed of. | 43232 |
| (5) The fees levied under divisions (A), (B), and (C) of this | 43233 |
| section do not apply to sewage sludge that is generated by a waste | 43234 |
| water treatment facility holding a national pollutant discharge | 43235 |
| elimination system permit and that is disposed of through | 43236 |
| incineration, land application, or composting or at another | 43237 |
| resource recovery or disposal facility that is not a landfill. | 43238 |
| (6) The fees levied under divisions (A), (B), and (C) of this | 43239 |
| section do not apply to solid wastes delivered to a solid waste | 43240 |
| composting facility for processing. When any unprocessed solid | 43241 |
| waste or compost product is transported off the premises of a | 43242 |
| composting facility and disposed of at a landfill, the fees levied | 43243 |
| under divisions (A), (B), and (C) of this section shall be | 43244 |
| collected by the owner or operator of the landfill where the | 43245 |
| unprocessed waste or compost product is disposed of. | 43246 |
| (7) When solid wastes that consist of scrap tires are | 43247 |
| processed at a scrap tire recovery facility, the fees levied under | 43248 |
| divisions (A), (B), and (C) of this section shall be levied upon | 43249 |
| the disposal of the fly ash and bottom ash or other solid wastes | 43250 |
| remaining after the processing of the scrap tires and shall be | 43251 |
| collected by the owner or operator of the solid waste disposal | 43252 |
| facility where the ash or other solid wastes are disposed of. | 43253 |
| (8) The director of environmental protection may issue an | 43254 |
| order exempting from the fees levied under this section solid | 43255 |
| wastes, including, but not limited to, scrap tires, that are | 43256 |
| generated, transferred, or disposed of as a result of a contract | 43257 |
| providing for the expenditure of public funds entered into by the | 43258 |
| administrator or regional administrator of the United States | 43259 |
| environmental protection agency, the director of environmental | 43260 |
| protection, or the director of administrative services on behalf | 43261 |
| of the director of environmental protection for the purpose of | 43262 |
| remediating conditions at a hazardous waste facility, solid waste | 43263 |
| facility, or other location at which the administrator or regional | 43264 |
| administrator or the director of environmental protection has | 43265 |
| reason to believe that there is a substantial threat to public | 43266 |
| health or safety or the environment or that the conditions are | 43267 |
| causing or contributing to air or water pollution or soil | 43268 |
| contamination. An order issued by the director of environmental | 43269 |
| protection under division (D)(8) of this section shall include a | 43270 |
| determination that the amount of the fees not received by a solid | 43271 |
| waste management district as a result of the order will not | 43272 |
| adversely impact the implementation and financing of the | 43273 |
| district's approved solid waste management plan and any approved | 43274 |
| amendments to the plan. Such an order is a final action of the | 43275 |
| director of environmental protection. | 43276 |
| (E) The fees levied under divisions (B) and (C) of this | 43277 |
| section shall be collected by the owner or operator of the solid | 43278 |
| waste disposal facility where the wastes are disposed of as a | 43279 |
| trustee for the county or joint district and municipal corporation | 43280 |
| or township where the wastes are disposed of. Moneys from the fees | 43281 |
| levied under division (B) of this section shall be forwarded to | 43282 |
| the board of county commissioners or board of directors of the | 43283 |
| district in accordance with rules adopted under division (H) of | 43284 |
| this section. Moneys from the fees levied under division (C) of | 43285 |
| this section shall be forwarded to the treasurer or such other | 43286 |
| officer of the municipal corporation as, by virtue of the charter, | 43287 |
| has the duties of the treasurer or to the clerk of the township, | 43288 |
| as appropriate, in accordance with those rules. | 43289 |
| (F) Moneys received by the treasurer or such other officer of | 43290 |
| the municipal corporation under division (E) of this section shall | 43291 |
| be paid into the general fund of the municipal corporation. Moneys | 43292 |
| received by the clerk of the township under that division shall be | 43293 |
| paid into the general fund of the township. The treasurer or such | 43294 |
| other officer of the municipal corporation or the clerk, as | 43295 |
| appropriate, shall maintain separate records of the moneys | 43296 |
| received from the fees levied under division (C) of this section. | 43297 |
| (G) Moneys received by the board of county commissioners or | 43298 |
| board of directors under division (E) of this section or section | 43299 |
| 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code | 43300 |
| shall be paid to the county treasurer, or other official acting in | 43301 |
| a similar capacity under a county charter, in a county district or | 43302 |
| to the county treasurer or other official designated by the board | 43303 |
| of directors in a joint district and kept in a separate and | 43304 |
| distinct fund to the credit of the district. If a regional solid | 43305 |
| waste management authority has been formed under section 343.011 | 43306 |
| of the Revised Code, moneys received by the board of trustees of | 43307 |
| that regional authority under division (E) of this section shall | 43308 |
| be kept by the board in a separate and distinct fund to the credit | 43309 |
| of the district. Moneys in the special fund of the county or joint | 43310 |
| district arising from the fees levied under division (B) of this | 43311 |
| section and the fee levied under division (A) of section 3734.573 | 43312 |
| of the Revised Code shall be expended by the board of county | 43313 |
| commissioners or directors of the district in accordance with the | 43314 |
| district's solid waste management plan or amended plan approved | 43315 |
| under section 3734.521, 3734.55, or 3734.56 of the Revised Code | 43316 |
| exclusively for the following purposes: | 43317 |
| (1) Preparation of the solid waste management plan of the | 43318 |
| district under section 3734.54 of the Revised Code, monitoring | 43319 |
| implementation of the plan, and conducting the periodic review and | 43320 |
| amendment of the plan required by section 3734.56 of the Revised | 43321 |
| Code by the solid waste management policy committee; | 43322 |
| (2) Implementation of the approved solid waste management | 43323 |
| plan or amended plan of the district, including, without | 43324 |
| limitation, the development and implementation of solid waste | 43325 |
| recycling or reduction programs; | 43326 |
| (3) Providing financial assistance to boards of health within | 43327 |
| the district, if solid waste facilities are located within the | 43328 |
| district, for enforcement of this chapter and rules, orders, and | 43329 |
| terms and conditions of permits, licenses, and variances adopted | 43330 |
| or issued under it, other than the hazardous waste provisions of | 43331 |
| this chapter and rules adopted and orders and terms and conditions | 43332 |
| of permits issued under those provisions; | 43333 |
| (4) Providing financial assistance to each county within the | 43334 |
| district to defray the added costs of maintaining roads and other | 43335 |
| public facilities and of providing emergency and other public | 43336 |
| services resulting from the location and operation of a solid | 43337 |
| waste facility within the county under the district's approved | 43338 |
| solid waste management plan or amended plan; | 43339 |
| (5) Pursuant to contracts entered into with boards of health | 43340 |
| within the district, if solid waste facilities contained in the | 43341 |
| district's approved plan or amended plan are located within the | 43342 |
| district, for paying the costs incurred by those boards of health | 43343 |
| for collecting and analyzing samples from public or private water | 43344 |
| wells on lands adjacent to those facilities; | 43345 |
| (6) Developing and implementing a program for the inspection | 43346 |
| of solid wastes generated outside the boundaries of this state | 43347 |
| that are disposed of at solid waste facilities included in the | 43348 |
| district's approved solid waste management plan or amended plan; | 43349 |
| (7) Providing financial assistance to boards of health within | 43350 |
| the district for the enforcement of section 3734.03 of the Revised | 43351 |
| Code or to local law enforcement agencies having jurisdiction | 43352 |
| within the district for enforcing anti-littering laws and | 43353 |
| ordinances; | 43354 |
| (8) Providing financial assistance to boards of health of | 43355 |
| health districts within the district that are on the approved list | 43356 |
| under section 3734.08 of the Revised Code to defray the costs to | 43357 |
| the health districts for the participation of their employees | 43358 |
| responsible for enforcement of the solid waste provisions of this | 43359 |
| chapter and rules adopted and orders and terms and conditions of | 43360 |
| permits, licenses, and variances issued under those provisions in | 43361 |
| the training and certification program as required by rules | 43362 |
| adopted under division (L) of section 3734.02 of the Revised Code; | 43363 |
| (9) Providing financial assistance to individual municipal | 43364 |
| corporations and townships within the district to defray their | 43365 |
| added costs of maintaining roads and other public facilities and | 43366 |
| of providing emergency and other public services resulting from | 43367 |
| the location and operation within their boundaries of a | 43368 |
| composting, energy or resource recovery, incineration, or | 43369 |
| recycling facility that either is owned by the district or is | 43370 |
| furnishing solid waste management facility or recycling services | 43371 |
| to the district pursuant to a contract or agreement with the board | 43372 |
| of county commissioners or directors of the district; | 43373 |
| (10) Payment of any expenses that are agreed to, awarded, or | 43374 |
| ordered to be paid under section 3734.35 of the Revised Code and | 43375 |
| of any administrative costs incurred pursuant to that section. In | 43376 |
| the case of a joint solid waste management district, if the board | 43377 |
| of county commissioners of one of the counties in the district is | 43378 |
| negotiating on behalf of affected communities, as defined in that | 43379 |
| section, in that county, the board shall obtain the approval of | 43380 |
| the board of directors of the district in order to expend moneys | 43381 |
| for administrative costs incurred. | 43382 |
| Prior to the approval of the district's solid waste | 43383 |
| management plan under section 3734.55 of the Revised Code, moneys | 43384 |
| in the special fund of the district arising from the fees shall be | 43385 |
| expended for those purposes in the manner prescribed by the solid | 43386 |
| waste management policy committee by resolution. | 43387 |
| Notwithstanding division (G)(6) of this section as it existed | 43388 |
| prior to October 29, 1993, or any provision in a district's solid | 43389 |
| waste management plan prepared in accordance with division | 43390 |
| (B)(2)(e) of section 3734.53 of the Revised Code as it existed | 43391 |
| prior to that date, any moneys arising from the fees levied under | 43392 |
| division (B)(3) of this section prior to January 1, 1994, may be | 43393 |
| expended for any of the purposes authorized in divisions (G)(1) to | 43394 |
| (10) of this section. | 43395 |
| (H) The director shall adopt rules in accordance with Chapter | 43396 |
| 119. of the Revised Code prescribing procedures for collecting and | 43397 |
| forwarding the fees levied under divisions (B) and (C) of this | 43398 |
| section to the boards of county commissioners or directors of | 43399 |
| county or joint solid waste management districts and to the | 43400 |
| treasurers or other officers of municipal corporations or to the | 43401 |
| clerks of townships. The rules also shall prescribe the dates for | 43402 |
| forwarding the fees to the boards and officials and may prescribe | 43403 |
| any other requirements the director considers necessary or | 43404 |
| appropriate to implement and administer divisions (A), (B), and | 43405 |
|
(C) of this
section. | 43406 |
| 43407 | |
| 43408 | |
| 43409 |
| Sec. 3734.573. (A) For the | 43410 |
| 43411 | |
| 43412 | |
| 43413 | |
| 43414 | |
| 43415 | |
| 43416 | |
| 43417 | |
| 43418 | |
| 43419 | |
| 43420 | |
| 43421 | |
| 43422 | |
| 43423 | |
| 43424 | |
| 43425 | |
| 43426 | |
| 43427 | |
| 43428 | |
| 43429 | |
| 43430 | |
| 43431 | |
| 43432 | |
| 43433 | |
| 43434 | |
| 43435 | |
| 43436 | |
| 43437 | |
| 43438 | |
| 43439 | |
| 43440 | |
| 43441 | |
| 43442 | |
| 43443 | |
| 43444 | |
| 43445 | |
| 43446 | |
| 43447 | |
| 43448 | |
| 43449 | |
| 43450 | |
| 43451 | |
| 43452 | |
| purposes specified in division (G) of section 3734.57 of the | 43453 |
| Revised Code, the solid waste management policy committee of a | 43454 |
| county or joint solid waste management district may levy a fee on | 43455 |
| the generation of solid wastes within the district. | 43456 |
| The initial or amended solid waste management plan of the | 43457 |
| county or joint district approved under section 3734.521, 3734.55, | 43458 |
| or 3734.56 of the Revised Code, an amendment to the district's | 43459 |
| plan adopted under division (E) of section 3734.56 of the Revised | 43460 |
| Code, or the resolution adopted and ratified under division (B) of | 43461 |
| this section shall establish the rate of the fee levied under this | 43462 |
| division and shall specify whether the fee is levied on the basis | 43463 |
| of tons or cubic yards as the unit of measurement. | 43464 |
| (B) Prior to the approval under division (A) of section | 43465 |
| 3734.56 of the Revised Code of the first amended plan that the | 43466 |
| district is required to submit for approval under that section, | 43467 |
| the approval of an initial plan under section 3734.521 of the | 43468 |
| Revised Code, the approval of an amended plan under section | 43469 |
| 3734.521 or division (D) of section 3734.56 of the Revised Code, | 43470 |
| or the amendment of the district's plan under division (E) of | 43471 |
| section 3734.56 of the Revised Code, the solid waste management | 43472 |
| policy committee of a county or joint district that is operating | 43473 |
| under an initial plan approved under section 3734.55 of the | 43474 |
| Revised Code, or one for which approval of its initial plan is | 43475 |
| pending before the director of environmental protection on October | 43476 |
| 29, 1993, under section 3734.55 of the Revised Code, may levy a | 43477 |
| fee under division (A) of this section by adopting and obtaining | 43478 |
| ratification of a resolution establishing the amount of the fee. A | 43479 |
| policy committee that, after December 1, 1993, concurrently | 43480 |
| proposes to levy a fee under division (A) of this section and to | 43481 |
| amend the fees levied by the district under divisions (B)(1) to | 43482 |
| (3) of section 3734.57 of the Revised Code may adopt and obtain | 43483 |
| ratification of one resolution proposing to do both. The | 43484 |
| requirements and procedures set forth in division (B) of section | 43485 |
| 3734.57 of the Revised Code governing the adoption, amendment, and | 43486 |
| repeal of resolutions levying fees under divisions (B)(1) to (3) | 43487 |
| of that section, the ratification of those resolutions, and the | 43488 |
| notification of owners and operators of solid waste facilities | 43489 |
| required to collect fees levied under those divisions govern the | 43490 |
| adoption of the resolutions authorized to be adopted under this | 43491 |
| division, the ratification thereof, and the notification of owners | 43492 |
| and operators required to collect the fees, except as otherwise | 43493 |
| specifically provided in division (C) of this section. | 43494 |
| (C) Any initial or amended plan of a district adopted under | 43495 |
| section 3734.521 or 3734.56 of the Revised Code, or resolution | 43496 |
| adopted under division (B) of this section, that proposes to levy | 43497 |
| a fee under division (A) of this section that exceeds five dollars | 43498 |
| per ton shall be ratified in accordance with the provisions of | 43499 |
| section 3734.55 or division (B) of section 3734.57 of the Revised | 43500 |
| Code, as applicable, except that such an initial or amended plan | 43501 |
| or resolution shall be approved by a combination of municipal | 43502 |
| corporations and townships with a combined population within the | 43503 |
| boundaries of the district comprising at least seventy-five per | 43504 |
| cent, rather than at least sixty per cent, of the total population | 43505 |
| of the district. | 43506 |
| (D) The policy committee of a county or joint district may | 43507 |
| amend the fee levied by the district under division (A) of this | 43508 |
| section by adopting and obtaining ratification of a resolution | 43509 |
| establishing the amount of the amended fee. The policy committee | 43510 |
| may abolish the fee or an amended fee established under this | 43511 |
| division by adopting and obtaining ratification of a resolution | 43512 |
| proposing to repeal it. The requirements and procedures under | 43513 |
| division (B) and, if applicable, division (C) of this section | 43514 |
| govern the adoption and ratification of a resolution authorized to | 43515 |
| be adopted under this division and the notification of owners and | 43516 |
| operators of solid waste facilities required to collect the fees. | 43517 |
| (E) Collection of a fee or amended fee levied under division | 43518 |
| (A) or (D) of this section shall commence or cease in accordance | 43519 |
| with division (B) of section 3734.57 of the Revised Code. If a | 43520 |
| district is levying a fee under section 3734.572 of the Revised | 43521 |
| Code, collection of that fee shall cease on the date on which | 43522 |
| collection of the fee levied under division (A) of this section | 43523 |
| commences in accordance with division (B) of section 3734.57 of | 43524 |
| the Revised Code. | 43525 |
| (F) In the case of solid wastes that are taken to a solid | 43526 |
| waste transfer facility prior to being transported to a solid | 43527 |
| waste disposal facility for disposal, the fee levied under | 43528 |
| division (A) of this section shall be collected by the owner or | 43529 |
| operator of the transfer facility as a trustee for the district. | 43530 |
| In the case of solid wastes that are not taken to a solid waste | 43531 |
| transfer facility prior to being transported to a solid waste | 43532 |
| disposal facility, the fee shall be collected by the owner or | 43533 |
| operator of the solid waste disposal facility where the wastes are | 43534 |
| disposed of. An owner or operator of a solid waste transfer or | 43535 |
| disposal facility who is required to collect the fee shall collect | 43536 |
| and forward the fee to the district in accordance with section | 43537 |
| 3734.57 of the Revised Code and rules adopted under division (H) | 43538 |
| of that section. | 43539 |
| If the owner or operator of a solid waste transfer or | 43540 |
| disposal facility who did not receive notice pursuant to division | 43541 |
| (B) of this section to collect the fee levied by a district under | 43542 |
| division (A) of this section receives solid wastes generated in | 43543 |
| the district, the owner or operator, within thirty days after | 43544 |
| receiving the wastes, shall send written notice of that fact to | 43545 |
| the board of county commissioners or directors of the district. | 43546 |
| Within thirty days after receiving such a notice, the board of | 43547 |
| county commissioners or directors shall send written notice to the | 43548 |
| owner or operator indicating whether the district is levying a fee | 43549 |
| under division (A) of this section and, if so, the amount of the | 43550 |
| fee. | 43551 |
| (G) Moneys received by a district levying a fee under | 43552 |
| division (A) of this section shall be credited to the special fund | 43553 |
| of the district created in division (G) of section 3734.57 of the | 43554 |
| Revised Code and shall be used exclusively for the
purposes | 43555 |
| 43556 | |
| division. Prior to the approval under division (A) of section | 43557 |
| 3734.56 of the Revised Code of the first amended plan that the | 43558 |
| district is required to submit for approval under that section, | 43559 |
| the approval of an initial plan under section 3734.521 of the | 43560 |
| Revised Code, the approval of an amended plan under that section | 43561 |
| or division (D) of section 3734.56 of the Revised Code, or the | 43562 |
| amendment of the district's plan under division (E) of section | 43563 |
| 3734.56 of the Revised Code, moneys credited to the special fund | 43564 |
| arising from the fee levied pursuant to a resolution adopted and | 43565 |
| ratified under division (B) of this section shall be expended for | 43566 |
| those purposes in the manner prescribed by the solid waste | 43567 |
| management policy committee by resolution. | 43568 |
| (H) The fee levied under division (A) of this section does | 43569 |
| not apply to the management of solid wastes that: | 43570 |
| (1) Are disposed of at a facility owned by the generator of | 43571 |
| the wastes when the solid waste facility exclusively disposes of | 43572 |
| solid wastes generated at one or more premises owned by the | 43573 |
| generator regardless of whether the facility is located on a | 43574 |
| premises where the wastes were generated; | 43575 |
| (2) Are disposed of at facilities that exclusively dispose of | 43576 |
| wastes that are generated from the combustion of coal, or from the | 43577 |
| combustion of primarily coal in combination with scrap tires, that | 43578 |
| is not combined in any way with garbage at one or more premises | 43579 |
| owned by the generator. | 43580 |
| (I) When solid wastes that are burned in a disposal facility | 43581 |
| that is an incinerator or energy recovery facility are delivered | 43582 |
| to a solid waste transfer facility prior to being transported to | 43583 |
| the incinerator or energy recovery facility where they are burned, | 43584 |
| the fee levied under division (A) of this section shall be levied | 43585 |
| on the wastes delivered to the transfer facility. | 43586 |
| (J) When solid wastes that are burned in a disposal facility | 43587 |
| that is an incinerator or energy recovery facility are not | 43588 |
| delivered to a solid waste transfer facility prior to being | 43589 |
| transported to the incinerator or energy recovery facility where | 43590 |
| they are burned, the fee levied under division (A) of this section | 43591 |
| shall be levied on the wastes delivered to the incinerator or | 43592 |
| energy recovery facility. | 43593 |
| (K) The fee levied under division (A) of this section does | 43594 |
| not apply to sewage sludge that is generated by a waste water | 43595 |
| treatment facility holding a national pollutant discharge | 43596 |
| elimination system permit and that is disposed of through | 43597 |
| incineration, land application, or composting or at another | 43598 |
| resource recovery or disposal facility that is not a landfill. | 43599 |
| (L) The fee levied under division (A) of this section does | 43600 |
| not apply to yard waste delivered to a solid waste composting | 43601 |
| facility for processing or to a solid waste transfer facility. | 43602 |
| (M) The fee levied under division (A) of this section does | 43603 |
| not apply to materials separated from a mixed waste stream for | 43604 |
| recycling by the generator. | 43605 |
| (N) The director of environmental protection may issue an | 43606 |
| order exempting from the fees levied under this section solid | 43607 |
| wastes, including, but not limited to, scrap tires, that are | 43608 |
| generated, transferred, or disposed of as a result of a contract | 43609 |
| providing for the expenditure of public funds entered into by the | 43610 |
| administrator or regional administrator of the United States | 43611 |
| environmental protection agency, the director of environmental | 43612 |
| protection, or the director of administrative services on behalf | 43613 |
| of the director of environmental protection for the purpose of | 43614 |
| remediating conditions at a hazardous waste facility, solid waste | 43615 |
| facility, or other location at which the administrator or regional | 43616 |
| administrator or the director of environmental protection has | 43617 |
| reason to believe that there is a substantial threat to public | 43618 |
| health or safety or the environment or that the conditions are | 43619 |
| causing or contributing to air or water pollution or soil | 43620 |
| contamination. An order issued by the director of environmental | 43621 |
| protection under this division shall include a determination that | 43622 |
| the amount of fees not received by a solid waste management | 43623 |
| district as a result of the order will not adversely impact the | 43624 |
| implementation and financing of the district's approved solid | 43625 |
| waste managment plan and any approved amendments to the plan. Such | 43626 |
| an order is a final action of the director of environmental | 43627 |
| protection. | 43628 |
| Sec. 3734.85. (A) On and after the effective date of the | 43629 |
| rules adopted under sections 3734.70, 3734.71, 3734.72, and | 43630 |
| 3734.73 of the Revised Code, the director of environmental | 43631 |
| protection may take action under this section to abate | 43632 |
| accumulations of scrap tires. If the director determines that an | 43633 |
| accumulation of scrap tires constitutes a danger to the public | 43634 |
| health or safety or to the environment, | 43635 |
| issue an order under section 3734.13 of the Revised Code to the | 43636 |
| person responsible for the accumulation of scrap tires directing | 43637 |
| that person, within one hundred twenty days after the issuance of | 43638 |
| the order, to remove the accumulation of scrap tires from the | 43639 |
| premises on which it is located and transport the tires to a scrap | 43640 |
| tire storage, monocell, monofill, or recovery facility licensed | 43641 |
| under section 3734.81 of the Revised Code, to such a facility in | 43642 |
| another state operating in compliance with the laws of the state | 43643 |
| in which it is located, or to any other solid waste disposal | 43644 |
| facility in another state that is operating in compliance with the | 43645 |
| laws of that state. If the person responsible for causing the | 43646 |
| accumulation of scrap tires is a person different from the owner | 43647 |
| of the land on which the accumulation is located, the director may | 43648 |
| issue such an order to the landowner. | 43649 |
| If the director is unable to ascertain immediately the | 43650 |
| identity of the person responsible for causing the accumulation of | 43651 |
| scrap tires, | 43652 |
| applicable board of health and law enforcement agencies to | 43653 |
| ascertain that person's identity. Before initiating any | 43654 |
| enforcement or removal actions under this division against the | 43655 |
| owner of the land on which the accumulation is located, the | 43656 |
| director shall initiate any such actions against the person that | 43657 |
| 43658 | |
| accumulation of scrap tires. Failure of the director to make | 43659 |
| diligent efforts to ascertain the identity of the person | 43660 |
| responsible for causing the accumulation of scrap tires or to | 43661 |
| initiate an action against the person responsible for causing the | 43662 |
| accumulation shall not constitute an affirmative defense by a | 43663 |
| landowner to an enforcement action initiated by the director under | 43664 |
| this division requiring immediate removal of any accumulation of | 43665 |
| scrap tires. | 43666 |
| Upon the written request of the recipient of an order issued | 43667 |
| under this division, the director may extend the time for | 43668 |
| compliance with the order if the request demonstrates that the | 43669 |
| recipient has acted in good faith to comply with the order. If the | 43670 |
| recipient of an order issued under this division fails to comply | 43671 |
| with the order within one hundred twenty days after the issuance | 43672 |
| of the order or, if the time for compliance with the order was so | 43673 |
| extended, within that time, the director shall take such actions | 43674 |
| as | 43675 |
| and properly manage the scrap tires located on the land named in | 43676 |
| the order. The director, through employees of the environmental | 43677 |
| protection agency or a contractor, may enter upon the land on | 43678 |
| which the accumulation of scrap tires is located and remove and | 43679 |
| transport them to a scrap tire recovery facility for processing, | 43680 |
| to a scrap tire storage facility for storage, or to a scrap tire | 43681 |
| monocell or monofill facility for storage or disposal. | 43682 |
| The director shall enter into contracts with the owners or | 43683 |
| operators of scrap tire storage, monocell, monofill, or recovery | 43684 |
| facilities for the storage, disposal, or processing of scrap tires | 43685 |
| removed through removal operations conducted under this section. | 43686 |
| In doing so, the director shall give preference to scrap tire | 43687 |
| recovery facilities. | 43688 |
| If a person to whom a removal order is issued under this | 43689 |
| division fails to comply with the order and if the director | 43690 |
| performs a removal action under this section, the person to whom | 43691 |
| the removal order is issued is liable to the director for the | 43692 |
| costs incurred by the director for conducting the removal | 43693 |
| operation, storage at a scrap tire storage facility, storage or | 43694 |
| disposal at a scrap tire monocell or monofill facility, or | 43695 |
| processing of the scrap tires so removed, the transportation of | 43696 |
| the scrap tires from the site of the accumulation to the scrap | 43697 |
| tire storage, monocell, monofill, or recovery facility where the | 43698 |
| scrap tires were stored, disposed of, or processed, and the | 43699 |
| administrative and legal expenses incurred by the director in | 43700 |
| connection with the removal operation. The director shall keep an | 43701 |
| itemized record of those costs. Upon completion of the actions for | 43702 |
| which the costs were incurred, the director shall record the costs | 43703 |
| at the office of the county recorder of the county in which the | 43704 |
| accumulation of scrap tires was located. The costs so recorded | 43705 |
| constitute a lien on the property on which the accumulation of | 43706 |
| scrap tires was located until discharged. Upon the written request | 43707 |
| of the director, the attorney general shall bring a civil action | 43708 |
| against the person responsible for the accumulation of the scrap | 43709 |
| tires that were the subject of the removal operation to recover | 43710 |
|
the costs | 43711 |
| 43712 | |
| 43713 | |
| 43714 | |
| 43715 | |
| 43716 | |
| 43717 | |
| liable under this division. Any money so received or recovered | 43718 |
| shall be credited to the scrap tire management fund created in | 43719 |
| section 3734.82 of the Revised Code. | 43720 |
| If, in a civil action brought under this division, an owner | 43721 |
| of real property is ordered to pay to the director the costs of a | 43722 |
| removal action that removed an accumulation of scrap tires from | 43723 |
| the person's land or if a lien is placed on the person's land for | 43724 |
| the costs of such a removal action, and, in either case, if the | 43725 |
| landowner was not the person responsible for causing the | 43726 |
| accumulation of scrap tires so removed, the landowner may bring a | 43727 |
| civil action against the person who was responsible for causing | 43728 |
| the accumulation to recover the amount of the removal costs that | 43729 |
| the court ordered the landowner to pay to the director or the | 43730 |
| amount of the removal costs certified to the county recorder as a | 43731 |
| lien on the landowner's property, whichever is applicable. If the | 43732 |
| landowner prevails in the civil action against the person who was | 43733 |
| responsible for causing the accumulation of scrap tires, the | 43734 |
| court, as it considers appropriate, may award to the landowner the | 43735 |
| reasonable attorney's fees incurred by the landowner for bringing | 43736 |
| the action, court costs, and other reasonable expenses incurred by | 43737 |
| the landowner in connection with the civil action. A landowner | 43738 |
| shall bring such a civil action within two years after making the | 43739 |
| final payment of the removal costs to the director pursuant to the | 43740 |
| judgment rendered against the landowner in the civil action | 43741 |
| brought under this division upon the director's request or within | 43742 |
| two years after the director certified the costs of the removal | 43743 |
| action to the county recorder, as appropriate. A person who, at | 43744 |
| the time that a removal action was conducted under this division, | 43745 |
| owned the land on which the removal action was performed may bring | 43746 |
| an action under this division to recover the costs of the removal | 43747 |
| action from the person responsible for causing the accumulation of | 43748 |
| scrap tires so removed regardless of whether the person owns the | 43749 |
| land at the time of bringing the action. | 43750 |
| Subject to the limitations set forth in division (G) of | 43751 |
| section 3734.82 of the Revised Code, the director may use moneys | 43752 |
|
in the scrap tire management fund | 43753 |
| conducting removal actions under this division. Any moneys | 43754 |
| recovered under this division shall be credited to the scrap tire | 43755 |
| management fund. | 43756 |
| (B) The director shall initiate enforcement and removal | 43757 |
| actions under division (A) of this section in accordance with the | 43758 |
| following descending listing of priorities: | 43759 |
| (1) Accumulations of scrap tires that the director finds | 43760 |
| constitute a fire hazard or threat to public health; | 43761 |
| (2) Accumulations of scrap tires determined by the director | 43762 |
| to contain more than one million scrap tires; | 43763 |
| (3) Accumulations of scrap tires in densely populated areas; | 43764 |
| (4) Other accumulations of scrap tires that the director or | 43765 |
| board of health of the health district in which the accumulation | 43766 |
| is located determines constitute a public nuisance; | 43767 |
| (5) Any other accumulations of scrap tires present on | 43768 |
| premises operating without a valid license issued under section | 43769 |
| 3734.05 or 3734.81 of the Revised Code. | 43770 |
| (C) The director shall not take enforcement and removal | 43771 |
| actions under division (A) of this section against the owner or | 43772 |
| operator of, or the owner of the land on which is located, any of | 43773 |
| the following: | 43774 |
| (1) A premises where not more than one hundred scrap tires | 43775 |
| are present at any time; | 43776 |
| (2) The premises of a business engaging in the sale of tires | 43777 |
| at retail that meets either of the following criteria: | 43778 |
| (a) Not more than one thousand scrap tires are present on the | 43779 |
| premises at any time in an unsecured, uncovered outdoor
location | 43780 |
| (b) Any number of scrap tires are secured in a building or a | 43781 |
| covered, enclosed container, trailer, or installation. | 43782 |
| (3) The premises of a tire retreading business, a tire | 43783 |
| manufacturing finishing center, or a tire adjustment center on | 43784 |
| which is located a single, covered scrap tire storage area where | 43785 |
| not more than four thousand scrap tires are stored; | 43786 |
| (4) The premises of a business that removes tires from motor | 43787 |
| vehicles in the ordinary course of business and on which is | 43788 |
| located a single scrap tire storage area that occupies not more | 43789 |
| than twenty-five hundred square feet; | 43790 |
| (5) A solid waste facility licensed under section 3734.05 of | 43791 |
| the Revised Code that stores scrap tires on the surface of the | 43792 |
| ground if the total land area on which scrap tires are actually | 43793 |
| stored does not exceed ten thousand square feet; | 43794 |
| (6) A premises where not more than two hundred fifty scrap | 43795 |
| tires are stored or kept for agricultural use; | 43796 |
| (7) A construction site where scrap tires are stored for use | 43797 |
| or used in road resurfacing or the construction of embankments; | 43798 |
| (8) A scrap tire collection, storage, monocell, monofill, or | 43799 |
| recovery facility licensed under section 3734.81 of the Revised | 43800 |
| Code; | 43801 |
| (9) A solid waste incineration or energy recovery facility | 43802 |
| that is subject to regulation under this chapter and that burns | 43803 |
| scrap tires; | 43804 |
| (10) A premises where scrap tires are beneficially used and | 43805 |
| for which the notice required by rules adopted under section | 43806 |
| 3734.84 of the Revised Code has been given; | 43807 |
| (11) A transporter registered under section 3734.83 of the | 43808 |
| Revised Code that collects and holds scrap tires in a covered | 43809 |
| trailer or vehicle for not longer than thirty days prior to | 43810 |
| transporting them to their final destination. | 43811 |
| (D) Nothing in this section restricts any right any person | 43812 |
| may have under statute or common law to enforce or seek | 43813 |
| enforcement of any law applicable to the management of scrap | 43814 |
| tires, abate a nuisance, or seek any other appropriate relief. | 43815 |
| (E) An owner of real property upon which there is located an | 43816 |
| accumulation of not more than two thousand scrap tires is not | 43817 |
| liable under division (A) of this section for the cost of the | 43818 |
| removal of the scrap tires, and no lien shall attach to the | 43819 |
| property under this section, if all of the following conditions | 43820 |
| are met: | 43821 |
| (1) The tires were placed on the property after the owner | 43822 |
| acquired title to the property, or the tires were placed on the | 43823 |
| property before the owner acquired title to the property and the | 43824 |
|
owner acquired title to the property by bequest or devise | 43825 |
| (2) The owner of the property did not have knowledge that the | 43826 |
| tires were being placed on the property, or the owner posted on | 43827 |
| the property signs prohibiting dumping or took other action to | 43828 |
|
prevent the placing of tires on the property | 43829 |
| (3) The owner of the property did not participate in or | 43830 |
|
consent to the placing of the tires on the property | 43831 |
| (4) The owner of the property received no financial benefit | 43832 |
| from the placing of the tires on the property or otherwise having | 43833 |
| the tires on the property | 43834 |
| (5) Title to the property was not transferred to the owner | 43835 |
| for the purpose of evading liability under division (A) of this | 43836 |
|
section | 43837 |
| (6) The person responsible for placing the tires on the | 43838 |
| property, in doing so, was not acting as an agent for the owner of | 43839 |
| the property. | 43840 |
| Sec. 3734.901. (A)(1) For the purpose of providing revenue | 43841 |
| to defray the cost of administering and enforcing the scrap tire | 43842 |
| provisions of this chapter, rules adopted under those provisions, | 43843 |
| and terms and conditions of orders, variances, and licenses issued | 43844 |
| under those provisions; to abate accumulations of scrap tires; to | 43845 |
| make grants to promote research regarding alternative methods of | 43846 |
| recycling scrap tires and loans to promote the recycling or | 43847 |
| recovery of energy from scrap tires; and to defray the costs of | 43848 |
| administering and enforcing sections 3734.90 to 3734.9014 of the | 43849 |
| Revised Code, a fee of fifty cents per tire is hereby levied on | 43850 |
| the sale of tires. The fee is levied from the first day of the | 43851 |
| calendar month that begins next after thirty days from October 29, | 43852 |
|
1993, through June 30, | 43853 |
| (2) Beginning on
| 43854 |
| 5, 2001, and ending on June 30, 2011, there is hereby levied an | 43855 |
| additional fee of fifty cents per tire on the sale of tires the | 43856 |
| proceeds of which shall be deposited in the state treasury to the | 43857 |
| credit of the scrap tire management fund created in section | 43858 |
| 3734.82 of the Revised Code and be used exclusively for the | 43859 |
| purposes specified in division (G)(3) of that section. | 43860 |
| (B) Only one sale of the same article shall be used in | 43861 |
| computing the amount of the fee due. | 43862 |
| Sec. 3734.9010. | 43863 |
| treasurer of state pursuant to sections 3734.90 to 3734.9014 of | 43864 |
| the Revised Code shall be certified directly to the credit of the | 43865 |
| tire fee administrative fund, which is hereby created in the state | 43866 |
| treasury, for appropriation to the department of taxation for use | 43867 |
| in administering those sections. The remainder of the amounts paid | 43868 |
| to the treasurer of state shall be deposited to the credit of the | 43869 |
| scrap tire management fund created in section 3734.82 of the | 43870 |
| Revised Code. | 43871 |
| Sec. 3735.27. (A) Whenever the director of development has | 43872 |
| determined that there is need for a housing authority in any | 43873 |
| portion of any county that comprises two or more political | 43874 |
| subdivisions or portions of two or more political subdivisions but | 43875 |
| is less than all the territory within the county, a metropolitan | 43876 |
| housing authority shall be declared to exist, and the territorial | 43877 |
| limits of the authority shall be defined, by a letter from the | 43878 |
| director. The director shall issue a determination from the | 43879 |
| department of development declaring that there is need for a | 43880 |
| housing authority within those territorial limits after finding | 43881 |
| either of the following: | 43882 |
| (1) Unsanitary or unsafe inhabited housing accommodations | 43883 |
| exist in that area; | 43884 |
| (2) There is a shortage of safe and sanitary housing | 43885 |
| accommodations in that area available to persons who lack the | 43886 |
| amount of income that is necessary, as determined by the director, | 43887 |
| to enable them, without financial assistance, to live in decent, | 43888 |
| safe, and sanitary dwellings without congestion. | 43889 |
| In determining whether dwelling accommodations are unsafe or | 43890 |
| unsanitary, the director may take into consideration the degree of | 43891 |
| congestion, the percentage of land coverage, the light, air, | 43892 |
| space, and access available to the inhabitants of the dwelling | 43893 |
| accommodations, the size and arrangement of rooms, the sanitary | 43894 |
| facilities, and the extent to which conditions exist in the | 43895 |
| dwelling accommodations that endanger life or property by fire or | 43896 |
| other causes. | 43897 |
| The territorial limits of a metropolitan housing authority as | 43898 |
| defined by the director under this division shall be fixed for the | 43899 |
| authority upon proof of a letter from the director declaring the | 43900 |
| need for the authority to function in those territorial limits. | 43901 |
| Any such letter from the director, any certificate of | 43902 |
| determination issued by the director, and any certificate of | 43903 |
| appointment of members of the authority shall be admissible in | 43904 |
| evidence in any suit, action, or proceeding. | 43905 |
| A certified copy of the letter from the director declaring | 43906 |
| the existence of a metropolitan housing authority and the | 43907 |
| territorial limits of its district shall be immediately forwarded | 43908 |
| to each appointing authority. A metropolitan housing authority | 43909 |
| shall consist of members who are residents of the territory in | 43910 |
| which they serve. | 43911 |
| (B)(1) Except as otherwise provided in division (C), (D), or | 43912 |
| (E) of this section, the members of a metropolitan housing | 43913 |
| authority shall be appointed as follows: | 43914 |
| (a)(i) In a district in a county in which a charter has been | 43915 |
| adopted under Article X, Section 3 of the Ohio Constitution, and | 43916 |
| in which the most populous city is not the city with the largest | 43917 |
| ratio of housing units owned or managed by the authority to | 43918 |
| population, one member shall be appointed by the probate court, | 43919 |
| one member shall be appointed by the court of common pleas, one | 43920 |
| member shall be appointed by the board of county commissioners, | 43921 |
| one member shall be appointed by the chief executive officer of | 43922 |
| the city that has the largest ratio of housing units owned or | 43923 |
| managed by the authority to population, and two members shall be | 43924 |
| appointed by the chief executive officer of the most populous city | 43925 |
| in the district. | 43926 |
| (ii) If, in a district that appoints members pursuant to | 43927 |
| division (B)(1)(a) of this section, the most populous city becomes | 43928 |
| the city with the largest ratio of housing units owned or managed | 43929 |
| by the authority to population, when the term of office of the | 43930 |
| member who was appointed by the chief executive officer of the | 43931 |
| city with the largest ratio expires, that member shall not be | 43932 |
| reappointed, and the membership of the authority shall be as | 43933 |
| described in division (B)(1)(b) of this section. | 43934 |
| (b) In any district other than one described in division | 43935 |
| (B)(1)(a) of this section, one member shall be appointed by the | 43936 |
| probate court, one member shall be appointed by the court of | 43937 |
| common pleas, one member shall be appointed by the board of county | 43938 |
| commissioners, and two members shall be appointed by the chief | 43939 |
| executive officer of the most populous city in the district. | 43940 |
| (2) At the time of the initial appointment of the authority, | 43941 |
| the member appointed by the probate court shall be appointed for a | 43942 |
| period of four years, the member appointed by the court of common | 43943 |
| pleas shall be appointed for three years, the member appointed by | 43944 |
| the board of county commissioners shall be appointed for two | 43945 |
| years, one member appointed by the chief executive officer of the | 43946 |
| most populous city in the district shall be appointed for one | 43947 |
| year, and the other member appointed by the chief executive | 43948 |
| officer of the most populous city in the district shall be | 43949 |
| appointed for five years. | 43950 |
| If appointments are made under division (B)(1)(a) of this | 43951 |
| section, the member appointed by the chief executive officer of | 43952 |
| the city in the district that is not the most populous city, but | 43953 |
| that has the largest ratio of housing units owned or managed by | 43954 |
| the authority to population, shall be appointed for five years. | 43955 |
| After the initial appointments, all members of the authority | 43956 |
| shall be appointed for five-year terms, and any vacancy occurring | 43957 |
| upon the expiration of a term shall be filled by the appointing | 43958 |
| authority that made the initial appointment. | 43959 |
| (3) For purposes of this division, population shall be | 43960 |
| determined according to the last preceding federal census. | 43961 |
| (C) For any metropolitan housing authority district that | 43962 |
| contained, as of the 1990 federal census, a population of at least | 43963 |
| one million, two members of the authority shall be appointed by | 43964 |
| the legislative authority of the most populous city in the | 43965 |
| district, two members shall be appointed by the chief executive | 43966 |
| officer of the most populous city in the district, and one member | 43967 |
| shall be appointed by the chief executive officer, with the | 43968 |
| approval of the legislative authority, of the city in the district | 43969 |
| that has the second highest number of housing units owned or | 43970 |
| managed by the authority. | 43971 |
| At the time of the initial appointment of the authority, one | 43972 |
| member appointed by the legislative authority of the most populous | 43973 |
| city in the district shall be appointed for three years, and one | 43974 |
| such member shall be appointed for one year; the member appointed | 43975 |
| by the chief executive officer of the city with the second highest | 43976 |
| number of housing units owned or managed by the authority shall be | 43977 |
| appointed, with the approval of the legislative authority, for | 43978 |
| three years; and one member appointed by the chief executive | 43979 |
| officer of the most populous city in the district shall be | 43980 |
| appointed for three years, and one such member shall be appointed | 43981 |
| for one year. Thereafter, all members of the authority shall be | 43982 |
| appointed for three-year terms, and any vacancy shall be filled by | 43983 |
| the same appointing power that made the initial appointment. At | 43984 |
| the expiration of the term of any member appointed by the chief | 43985 |
| executive officer of the most populous city in the district before | 43986 |
| March 15, 1983, the chief executive officer of the most populous | 43987 |
| city in the district shall fill the vacancy by appointment for a | 43988 |
| three-year term. At the expiration of the term of any member | 43989 |
| appointed by the board of county commissioners before March 15, | 43990 |
| 1983, the chief executive officer of the city in the district with | 43991 |
| the second highest number of housing units owned or managed by the | 43992 |
| authority shall, with the approval of the municipal legislative | 43993 |
| authority, fill the vacancy by appointment for a three-year term. | 43994 |
| At the expiration of the term of any member appointed before March | 43995 |
| 15, 1983, by the court of common pleas or the probate court, the | 43996 |
| legislative authority of the most populous city in the district | 43997 |
| shall fill the vacancy by appointment for a three-year term. | 43998 |
| After March 15, 1983, at least one of the members appointed | 43999 |
| by the chief executive officer of the most populous city shall be | 44000 |
| a resident of a dwelling unit owned or managed by the authority. | 44001 |
| At least one of the initial appointments by the chief executive | 44002 |
| officer of the most populous city, after March 15, 1983, shall be | 44003 |
| a resident of a dwelling unit owned or managed by the authority. | 44004 |
| Thereafter, any member appointed by the chief executive officer of | 44005 |
| the most populous city for the term established by this initial | 44006 |
| appointment, or for any succeeding term, shall be a person who | 44007 |
| resides in a dwelling unit owned or managed by the authority. If | 44008 |
| there is an elected, representative body of all residents of the | 44009 |
| authority, the chief executive officer of the most populous city | 44010 |
| shall, whenever there is a vacancy in this resident term, provide | 44011 |
| written notice of the vacancy to the representative body. If the | 44012 |
| representative body submits to the chief executive officer of the | 44013 |
| most populous city, in writing and within sixty days after the | 44014 |
| date on which it was notified of the vacancy, the names of at | 44015 |
| least five residents of the authority who are willing and | 44016 |
| qualified to serve as a member, the chief executive officer of the | 44017 |
| most populous city shall appoint to the resident term one of the | 44018 |
| residents recommended by the representative body. At no time shall | 44019 |
| residents constitute a majority of the members of the authority. | 44020 |
| (D)(1) For any metropolitan housing authority district | 44021 |
| located in a county that had, as of the 2000 federal census, a | 44022 |
| population of at least four hundred thousand and no city with a | 44023 |
| population greater than thirty per cent of the total population of | 44024 |
| the county, one member of the authority shall be appointed by the | 44025 |
| probate court, one member shall be appointed by the court of | 44026 |
| common pleas, one member shall be appointed by the chief executive | 44027 |
| officer of the most populous city in the district, and two members | 44028 |
| shall be appointed by the board of county commissioners. | 44029 |
| (2) At the time of the initial appointment of a metropolitan | 44030 |
| housing authority pursuant to this division, the member appointed | 44031 |
| by the probate court shall be appointed for a period of four | 44032 |
| years, the member appointed by the court of common pleas shall be | 44033 |
| appointed for three years, the member appointed by the chief | 44034 |
| executive officer of the most populous city shall be appointed for | 44035 |
| two years, one member appointed by the board of county | 44036 |
| commissioners shall be appointed for one year, and the other | 44037 |
| member appointed by the board of county commissioners shall be | 44038 |
| appointed for five years. Thereafter, all members of the authority | 44039 |
| shall be appointed for five-year terms, with each term ending on | 44040 |
| the same day of the same month as the term that it succeeds. | 44041 |
| Vacancies shall be filled in the manner provided in the original | 44042 |
| appointments. Any member appointed to fill a vacancy occurring | 44043 |
| prior to the expiration of the term shall hold office as a member | 44044 |
| for the remainder of that term. | 44045 |
| (E)(1) | 44046 |
| appointed to | 44047 |
| 44048 | |
| 44049 | |
| 44050 | |
| 44051 | |
| 44052 | |
| 44053 | |
| 44054 | |
| required by federal law. The | 44055 |
| | 44056 |
| the district shall appoint | 44057 |
| resident member for | 44058 |
| 44059 | |
| 44060 | |
| 44061 | |
| of that resident member also shall be for five years, and | 44062 |
| 44063 | |
| be filled | 44064 |
| chief executive officer of the most populous city in the district. | 44065 |
| Any member appointed to fill such a vacancy | 44066 |
| 44067 | |
| 44068 | |
| of that term. If, at any time, | 44069 |
| | 44070 |
| qualifies as a resident | 44071 |
| another resident member shall be appointed by the appointing | 44072 |
| authority who originally appointed the resident member to serve | 44073 |
| for the unexpired portion of that term. | 44074 |
| (2) On and after the effective date of this amendment, any | 44075 |
| metropolitan housing authority to which two additional members | 44076 |
| were appointed pursuant to former division (E)(1) of this section | 44077 |
| as enacted by Amended Substitute House Bill No. 95 of the 125th | 44078 |
| general assembly shall continue to have those additional members. | 44079 |
| Their terms shall be for five years, and vacancies in their | 44080 |
| positions shall be filled in the manner provided for their | 44081 |
| original appointment under former division (E)(1) of this section | 44082 |
| as so enacted. | 44083 |
| (F) Public officials, other than the officers having the | 44084 |
| appointing power under this section, shall be eligible to serve as | 44085 |
| members, officers, or employees of a metropolitan housing | 44086 |
| authority notwithstanding any statute, charter, or law to the | 44087 |
| contrary. Not more than two such public officials shall be members | 44088 |
| of the authority at any one time. | 44089 |
| All members of an authority shall serve without compensation | 44090 |
| but shall be entitled to be reimbursed for all necessary expenses | 44091 |
| incurred. | 44092 |
| After a metropolitan housing authority district is formed, | 44093 |
| the director may enlarge the territory within the district to | 44094 |
| include other political subdivisions, or portions of other | 44095 |
| political subdivisions, but the territorial limits of the district | 44096 |
| shall be less than that of the county. | 44097 |
| (G)(1) Any vote taken by a metropolitan housing authority | 44098 |
| shall require a majority affirmative vote to pass. A tie vote | 44099 |
| shall constitute a defeat of any measure receiving equal numbers | 44100 |
| of votes for and against it. | 44101 |
| (2) The members of a metropolitan housing authority shall act | 44102 |
| in the best interest of the district and shall not act solely as | 44103 |
| representatives of their respective appointing authorities. | 44104 |
| Sec. 3743.01. As used in this chapter: | 44105 |
| (A) "Beer" and "intoxicating liquor" have the same meanings | 44106 |
| as in section 4301.01 of the Revised Code. | 44107 |
| (B) "Booby trap" means a small tube that has a string | 44108 |
| protruding from both ends, that has a friction-sensitive | 44109 |
| composition, and that is ignited by pulling the ends of the | 44110 |
| string. | 44111 |
| (C) "Cigarette load" means a small wooden peg that is coated | 44112 |
| with a small quantity of explosive composition and that is ignited | 44113 |
| in a cigarette. | 44114 |
| (D)(1) "1.3G fireworks" means display fireworks consistent | 44115 |
| with regulations of the United States department of transportation | 44116 |
| as expressed using the designation "division 1.3" in Title 49, | 44117 |
| Code of Federal Regulations. | 44118 |
| (2) "1.4G fireworks" means consumer fireworks consistent with | 44119 |
| regulations of the United States department of transportation as | 44120 |
| expressed using the designation "division 1.4" in Title 49, Code | 44121 |
| of Federal Regulations. | 44122 |
| (E) "Controlled substance" has the same meaning as in section | 44123 |
| 3719.01 of the Revised Code. | 44124 |
| (F) "Fireworks" means any composition or device prepared for | 44125 |
| the purpose of producing a visible or an audible effect by | 44126 |
| combustion, deflagration, or detonation, except ordinary matches | 44127 |
| and except as provided in section 3743.80 of the Revised Code. | 44128 |
| (G) "Fireworks plant" means all buildings and other | 44129 |
| structures in which the manufacturing of fireworks, or the storage | 44130 |
| or sale of manufactured fireworks by a manufacturer, takes place. | 44131 |
| (H) "Highway" means any public street, road, alley, way, | 44132 |
| lane, or other public thoroughfare. | 44133 |
| (I) "Licensed exhibitor of fireworks" or "licensed exhibitor" | 44134 |
| means a person licensed pursuant to sections 3743.50 to 3743.55 of | 44135 |
| the Revised Code. | 44136 |
| (J) "Licensed manufacturer of fireworks" or "licensed | 44137 |
| manufacturer" means a person licensed pursuant to sections 3743.02 | 44138 |
| to 3743.08 of the Revised Code. | 44139 |
| (K) "Licensed wholesaler of fireworks" or "licensed | 44140 |
| wholesaler" means a person licensed pursuant to sections 3743.15 | 44141 |
| to 3743.21 of the Revised Code. | 44142 |
| (L) "List of licensed exhibitors" means the list required by | 44143 |
| division (C) of section 3743.51 of the Revised Code. | 44144 |
| (M) "List of licensed manufacturers" means the list required | 44145 |
| by division (C) of section 3743.03 of the Revised Code. | 44146 |
| (N) "List of licensed wholesalers" means the list required by | 44147 |
| division (C) of section 3743.16 of the Revised Code. | 44148 |
| (O) "Manufacturing of fireworks" means the making of | 44149 |
| fireworks from raw materials, none of which in and of themselves | 44150 |
| constitute a fireworks, or the processing of fireworks. | 44151 |
| (P) "Navigable waters" means any body of water susceptible of | 44152 |
| being used in its ordinary condition as a highway of commerce over | 44153 |
| which trade and travel is or may be conducted in the customary | 44154 |
| modes, but does not include a body of water that is not capable of | 44155 |
| navigation by barges, tugboats, and other large vessels. | 44156 |
| (Q) "Novelties and trick noisemakers" include the following | 44157 |
| items: | 44158 |
| (1) Devices that produce a small report intended to surprise | 44159 |
| the user, including, but not limited to, booby traps, cigarette | 44160 |
| loads, party poppers, and snappers; | 44161 |
| (2) Snakes or glow worms; | 44162 |
| (3) Smoke devices; | 44163 |
| (4) Trick matches. | 44164 |
| (R) "Party popper" means a small plastic or paper item that | 44165 |
| contains not more than sixteen milligrams of friction-sensitive | 44166 |
| explosive composition, that is ignited by pulling a string | 44167 |
| protruding from the item, and from which paper streamers are | 44168 |
| expelled when the item is ignited. | 44169 |
| (S) "Processing of fireworks" means the making of fireworks | 44170 |
| from materials all or part of which in and of themselves | 44171 |
| constitute a fireworks, but does not include the mere packaging or | 44172 |
| repackaging of fireworks. | 44173 |
| (T) "Railroad" means any railway or railroad that carries | 44174 |
| freight or passengers for hire, but does not include auxiliary | 44175 |
| tracks, spurs, and sidings installed and primarily used in serving | 44176 |
| a mine, quarry, or plant. | 44177 |
| (U) "Retail sale" or "sell at retail" means a sale of | 44178 |
| fireworks to a purchaser who intends to use the fireworks, and not | 44179 |
| resell them. | 44180 |
| (V) "Smoke device" means a tube or sphere that contains | 44181 |
| pyrotechnic composition that, upon ignition, produces white or | 44182 |
| colored smoke as the primary effect. | 44183 |
| (W) "Snake or glow worm" means a device that consists of a | 44184 |
| pressed pellet of pyrotechnic composition that produces a large, | 44185 |
| snake-like ash upon burning, which ash expands in length as the | 44186 |
| pellet burns. | 44187 |
| (X) "Snapper" means a small, paper-wrapped item that contains | 44188 |
| a minute quantity of explosive composition coated on small bits of | 44189 |
| sand, and that, when dropped, implodes. | 44190 |
| (Y) "Trick match" means a kitchen or book match that is | 44191 |
| coated with a small quantity of explosive composition and that, | 44192 |
| upon ignition, produces a small report or a shower of sparks. | 44193 |
| (Z) "Wire sparkler" means a sparkler consisting of a wire or | 44194 |
| stick coated with a nonexplosive pyrotechnic mixture that produces | 44195 |
| a shower of sparks upon ignition and that contains no more than | 44196 |
| one hundred grams of this mixture. | 44197 |
| (AA) "Wholesale sale" or "sell at wholesale" means a sale of | 44198 |
| fireworks to a purchaser who intends to resell the fireworks so | 44199 |
| purchased. | 44200 |
| (BB) "Licensed premises" means the real estate upon which a | 44201 |
| licensed manufacturer or wholesaler of fireworks conducts | 44202 |
| business. | 44203 |
| (CC) "Licensed building" means a building on the licensed | 44204 |
| premises of a licensed manufacturer or wholesaler of fireworks | 44205 |
| that is approved for occupancy by the building official having | 44206 |
| jurisdiction. | 44207 |
| (DD) "Fireworks incident" means any action or omission that | 44208 |
| occurs at a fireworks exhibition, that results in injury or death, | 44209 |
| or a substantial risk of injury or death, to any person, and that | 44210 |
| involves either of the following: | 44211 |
| (1) The handling or other use, or the results of the handling | 44212 |
| or other use, of fireworks or associated equipment or other | 44213 |
| materials; | 44214 |
| (2) The failure of any person to comply with any applicable | 44215 |
| requirement imposed by this chapter or any applicable rule adopted | 44216 |
| under this chapter. | 44217 |
| (EE) "Discharge site" means an area immediately surrounding | 44218 |
| the mortars used to fire aerial shells. | 44219 |
| (FF) "Fireworks incident site" means a discharge site or | 44220 |
| other location at a fireworks exhibition where a fireworks | 44221 |
| incident occurs, a location where an injury or death associated | 44222 |
| with a fireworks incident occurs, or a location where evidence of | 44223 |
| a fireworks incident or an injury or death associated with a | 44224 |
| fireworks incident is found. | 44225 |
| (GG) "Storage location" means a single parcel or contiguous | 44226 |
| parcels of real estate approved by the fire marshal pursuant to | 44227 |
| division (I) of section 3743.04 of the Revised Code or division | 44228 |
| (G) of section 3743.17 of the Revised Code that are separate from | 44229 |
| a licensed premises containing a retail showroom, and which parcel | 44230 |
| or parcels a licensed manufacturer or wholesaler of fireworks may | 44231 |
| use only for the distribution, possession, and storage of | 44232 |
| fireworks in accordance with this chapter. | 44233 |
| Sec. 3743.02. (A) Any person who wishes to manufacture | 44234 |
| fireworks in this state shall submit to the fire marshal an | 44235 |
| application for licensure as a manufacturer of fireworks before | 44236 |
| the first day of October of each year. The application shall be | 44237 |
| submitted prior to the operation of a fireworks plant, shall be on | 44238 |
| a form prescribed by the fire marshal, shall contain all | 44239 |
| information required by this section or requested by the fire | 44240 |
| marshal, and shall be accompanied by the license fee, | 44241 |
| fingerprints, and proof of insurance coverage described in | 44242 |
| division (B) of this section. | 44243 |
| The fire marshal shall prescribe a form for applications for | 44244 |
| licensure as a manufacturer of fireworks and make a copy of the | 44245 |
| form available, upon request, to persons who seek that licensure. | 44246 |
| (B) An applicant for licensure as a manufacturer of fireworks | 44247 |
| shall submit with the application all of the following: | 44248 |
| (1) A license fee of two thousand seven hundred fifty | 44249 |
| dollars, which the fire marshal shall use to pay for fireworks | 44250 |
|
safety education, training programs, and inspections | 44251 |
| applicant has any storage locations approved in accordance with | 44252 |
| division (I) of section 3743.04 of the Revised Code, the applicant | 44253 |
| also shall submit a fee of one hundred dollars per storage | 44254 |
| location for the inspection of each storage location. | 44255 |
| (2) Proof of comprehensive general liability insurance | 44256 |
| coverage, specifically including fire and smoke casualty on | 44257 |
| premises and products, in an amount not less than one million | 44258 |
| dollars for each occurrence for bodily injury liability and | 44259 |
| wrongful death liability at the fireworks plant. All applicants | 44260 |
| shall submit evidence of comprehensive general liability insurance | 44261 |
| coverage verified by the insurer and certified as to its provision | 44262 |
| of the minimum coverage required under this division. | 44263 |
| (3) One complete set of the applicant's fingerprints and a | 44264 |
| complete set of fingerprints of any individual holding, owning, or | 44265 |
| controlling a five per cent or greater beneficial or equity | 44266 |
| interest in the applicant for the license. | 44267 |
| (C) A separate application for licensure as a manufacturer of | 44268 |
| fireworks shall be submitted for each fireworks plant that a | 44269 |
| person wishes to operate in this state. | 44270 |
| (D) If an applicant intends to include the processing of | 44271 |
| fireworks as any part of its proposed manufacturing of fireworks, | 44272 |
| a statement indicating that intent shall be included in its | 44273 |
| application for licensure. | 44274 |
| Sec. 3743.04. (A) The license of a manufacturer of fireworks | 44275 |
| is effective for one year beginning on the first day of December. | 44276 |
| The fire marshal shall issue or renew a license only on that date | 44277 |
| and at no other time. If a manufacturer of fireworks wishes to | 44278 |
| continue manufacturing fireworks at the designated fireworks plant | 44279 |
| after its then effective license expires, it shall apply no later | 44280 |
| than the first day of October for a new license pursuant to | 44281 |
| section 3743.02 of the Revised Code. The fire marshal shall send a | 44282 |
| written notice of the expiration of its license to a licensed | 44283 |
| manufacturer at least three months before the expiration date. | 44284 |
| (B) If, during the effective period of its licensure, a | 44285 |
| licensed manufacturer of fireworks wishes to construct, locate, or | 44286 |
| relocate any buildings or other structures on the premises of its | 44287 |
| fireworks plant, to make any structural change or renovation in | 44288 |
| any building or other structure on the premises of its fireworks | 44289 |
| plant, or to change the nature of its manufacturing of fireworks | 44290 |
| so as to include the processing of fireworks, the manufacturer | 44291 |
| shall notify the fire marshal in writing. The fire marshal may | 44292 |
| require a licensed manufacturer also to submit documentation, | 44293 |
| including, but not limited to, plans covering the proposed | 44294 |
| construction, location, relocation, structural change or | 44295 |
| renovation, or change in manufacturing of fireworks, if the fire | 44296 |
| marshal determines the documentation is necessary for evaluation | 44297 |
| purposes in light of the proposed construction, location, | 44298 |
| relocation, structural change or renovation, or change in | 44299 |
| manufacturing of fireworks. | 44300 |
| Upon receipt of the notification and additional documentation | 44301 |
| required by the fire marshal, the fire marshal shall inspect the | 44302 |
| premises of the fireworks plant to determine if the proposed | 44303 |
| construction, location, relocation, structural change or | 44304 |
| renovation, or change in manufacturing of fireworks conforms to | 44305 |
| sections 3743.02 to 3743.08 of the Revised Code and the rules | 44306 |
| adopted by the fire marshal pursuant to section 3743.05 of the | 44307 |
| Revised Code. The fire marshal shall issue a written authorization | 44308 |
| to the manufacturer for the construction, location, relocation, | 44309 |
| structural change or renovation, or change in manufacturing of | 44310 |
| fireworks if the fire marshal determines, upon the inspection and | 44311 |
| a review of submitted documentation, that the construction, | 44312 |
| location, relocation, structural change or renovation, or change | 44313 |
| in manufacturing of fireworks conforms to those sections and | 44314 |
| rules. Upon authorizing a change in manufacturing of fireworks to | 44315 |
| include the processing of fireworks, the fire marshal shall make | 44316 |
| notations on the manufacturer's license and in the list of | 44317 |
| licensed manufacturers in accordance with section 3743.03 of the | 44318 |
| Revised Code. | 44319 |
| On or before June 1, 1998, a licensed manufacturer shall | 44320 |
| install, in every licensed building in which fireworks are | 44321 |
| manufactured, stored, or displayed and to which the public has | 44322 |
| access, interlinked fire detection, smoke exhaust, and smoke | 44323 |
| evacuation systems that are approved by the superintendent of the | 44324 |
| division of industrial compliance, and shall comply with floor | 44325 |
| plans showing occupancy load limits and internal circulation and | 44326 |
| egress patterns that are approved by the fire marshal and | 44327 |
| superintendent, and that are submitted under seal as required by | 44328 |
| section 3791.04 of the Revised Code. Notwithstanding section | 44329 |
| 3743.59 of the Revised Code, the construction and safety | 44330 |
| requirements established in this division are not subject to any | 44331 |
| variance, waiver, or exclusion. | 44332 |
| (C) The license of a manufacturer of fireworks authorizes the | 44333 |
| manufacturer to engage only in the following activities: | 44334 |
| (1) The manufacturing of fireworks on the premises of the | 44335 |
| fireworks plant as described in the application for licensure or | 44336 |
| in the notification submitted under division (B) of this section, | 44337 |
| except that a licensed manufacturer shall not engage in the | 44338 |
| processing of fireworks unless authorized to do so by its license. | 44339 |
| (2) To possess for sale at wholesale and sell at wholesale | 44340 |
| the fireworks manufactured by the manufacturer, to persons who are | 44341 |
| licensed wholesalers of fireworks, to out-of-state residents in | 44342 |
| accordance with section 3743.44 of the Revised Code, to residents | 44343 |
| of this state in accordance with section 3743.45 of the Revised | 44344 |
| Code, or to persons located in another state provided the | 44345 |
| fireworks are shipped directly out of this state to them by the | 44346 |
| manufacturer. A person who is licensed as a manufacturer of | 44347 |
| fireworks on June 14, 1988, also may possess for sale and sell | 44348 |
| pursuant to division (C)(2) of this section fireworks other than | 44349 |
| those the person manufactures. The possession for sale shall be on | 44350 |
| the premises of the fireworks plant described in the application | 44351 |
| for licensure or in the notification submitted under division (B) | 44352 |
| of this section, and the sale shall be from the inside of a | 44353 |
| licensed building and from no other structure or device outside a | 44354 |
| licensed building. At no time shall a licensed manufacturer sell | 44355 |
| any class of fireworks outside a licensed building. | 44356 |
| (3) Possess for sale at retail and sell at retail the | 44357 |
| fireworks manufactured by the manufacturer, other than 1.4G | 44358 |
| fireworks as designated by the fire marshal in rules adopted | 44359 |
| pursuant to division (A) of section 3743.05 of the Revised Code, | 44360 |
| to licensed exhibitors in accordance with sections 3743.50 to | 44361 |
| 3743.55 of the Revised Code, and possess for sale at retail and | 44362 |
| sell at retail the fireworks manufactured by the manufacturer, | 44363 |
| including 1.4G fireworks, to out-of-state residents in accordance | 44364 |
| with section 3743.44 of the Revised Code, to residents of this | 44365 |
| state in accordance with section 3743.45 of the Revised Code, or | 44366 |
| to persons located in another state provided the fireworks are | 44367 |
| shipped directly out of this state to them by the manufacturer. A | 44368 |
| person who is licensed as a manufacturer of fireworks on June 14, | 44369 |
| 1988, may also possess for sale and sell pursuant to division | 44370 |
| (C)(3) of this section fireworks other than those the person | 44371 |
| manufactures. The possession for sale shall be on the premises of | 44372 |
| the fireworks plant described in the application for licensure or | 44373 |
| in the notification submitted under division (B) of this section, | 44374 |
| and the sale shall be from the inside of a licensed building and | 44375 |
| from no other structure or device outside a licensed building. At | 44376 |
| no time shall a licensed manufacturer sell any class of fireworks | 44377 |
| outside a licensed building. | 44378 |
| A licensed manufacturer of fireworks shall sell under | 44379 |
| division (C) of this section only fireworks that meet the | 44380 |
| standards set by the consumer product safety commission or by the | 44381 |
| American fireworks standard laboratories or that have received an | 44382 |
| EX number from the United States department of transportation. | 44383 |
| (D) The license of a manufacturer of fireworks shall be | 44384 |
| protected under glass and posted in a conspicuous place on the | 44385 |
| premises of the fireworks plant. Except as otherwise provided in | 44386 |
| this division, the license is not transferable or assignable. A | 44387 |
| license may be transferred to another person for the same | 44388 |
| fireworks plant for which the license was issued if the assets of | 44389 |
| the plant are transferred to that person by inheritance or by a | 44390 |
| sale approved by the fire marshal. The license is subject to | 44391 |
| revocation in accordance with section 3743.08 of the Revised Code. | 44392 |
| (E) The fire marshal shall not place the license of a | 44393 |
| manufacturer of fireworks in a temporarily inactive status while | 44394 |
| the holder of the license is attempting to qualify to retain the | 44395 |
| license. | 44396 |
| (F) Each licensed manufacturer of fireworks that possesses | 44397 |
| fireworks for sale and sells fireworks under division (C) of | 44398 |
| section 3743.04 of the Revised Code, or a designee of the | 44399 |
| manufacturer, whose identity is provided to the fire marshal by | 44400 |
| the manufacturer, annually shall attend a continuing education | 44401 |
| program consisting of not less than eight hours of instruction. | 44402 |
| The fire marshal shall develop the program and the fire marshal or | 44403 |
| a person or public agency approved by the fire marshal shall | 44404 |
| conduct it. A licensed manufacturer or the manufacturer's designee | 44405 |
| who attends a program as required under this division, within one | 44406 |
| year after attending the program, shall conduct in-service | 44407 |
| training for other employees of the licensed manufacturer | 44408 |
| regarding the information obtained in the program. A licensed | 44409 |
| manufacturer shall provide the fire marshal with notice of the | 44410 |
| date, time, and place of all in-service training not less than | 44411 |
| thirty days prior to an in-service training event. | 44412 |
| (G) A licensed manufacturer shall maintain comprehensive | 44413 |
| general liability insurance coverage in the amount and type | 44414 |
| specified under division (B)(2) of section 3743.02 of the Revised | 44415 |
| Code at all times. Each policy of insurance required under this | 44416 |
| division shall contain a provision requiring the insurer to give | 44417 |
| not less than fifteen days' prior written notice to the fire | 44418 |
| marshal before termination, lapse, or cancellation of the policy, | 44419 |
| or any change in the policy that reduces the coverage below the | 44420 |
| minimum required under this division. Prior to canceling or | 44421 |
| reducing the amount of coverage of any comprehensive general | 44422 |
| liability insurance coverage required under this division, a | 44423 |
| licensed manufacturer shall secure supplemental insurance in an | 44424 |
| amount and type that satisfies the requirements of this division | 44425 |
| so that no lapse in coverage occurs at any time. A licensed | 44426 |
| manufacturer who secures supplemental insurance shall file | 44427 |
| evidence of the supplemental insurance with the fire marshal prior | 44428 |
| to canceling or reducing the amount of coverage of any | 44429 |
| comprehensive general liability insurance coverage required under | 44430 |
| this division. | 44431 |
| (H) The fire marshal shall adopt rules for the expansion or | 44432 |
| contraction of a licensed premises and for approval of such | 44433 |
| expansions or contractions. The boundaries of a licensed premises, | 44434 |
| including any geographic expansion or contraction of those | 44435 |
| boundaries, shall be approved by the fire marshal in accordance | 44436 |
| with rules the fire marshal adopts. If the licensed premises | 44437 |
| consists of more than one parcel of real estate, those parcels | 44438 |
| shall be contiguous unless an exception is allowed pursuant to | 44439 |
| division (I) of this section. | 44440 |
| (I)(1) A licensed manufacturer may expand its licensed | 44441 |
| premises within this state to include not more than two storage | 44442 |
| locations that are located upon one or more real estate parcels | 44443 |
| that are noncontiguous to the licensed premises as that licensed | 44444 |
| premises exists on the date a licensee submits an application as | 44445 |
| described below, if all of the following apply: | 44446 |
| (a) The licensee submits an application to the fire marshal | 44447 |
| and an application fee of one hundred dollars per storage location | 44448 |
| for which the licensee is requesting approval. | 44449 |
| (b) The identity of the holder of the license remains the | 44450 |
| same at the storage location. | 44451 |
| (c) The storage location has received a valid certificate of | 44452 |
| zoning compliance as applicable and a valid certificate of | 44453 |
| occupancy for each building or structure at the storage location | 44454 |
| issued by the authority having jurisdiction to issue the | 44455 |
| certificate for the storage location, and those certificates | 44456 |
| permit the distribution and storage of fireworks regulated under | 44457 |
| this chapter at the storage location and in the buildings or | 44458 |
| structures. The storage location shall be in compliance with all | 44459 |
| other applicable federal, state, and local laws and regulations. | 44460 |
| (d) Every building or structure located upon the storage | 44461 |
| location is separated from occupied residential and nonresidential | 44462 |
| buildings or structures, railroads, highways, or any other | 44463 |
| buildings or structures on the licensed premises in accordance | 44464 |
| with the distances specified in the rules adopted by the fire | 44465 |
| marshal pursuant to section 3743.05 of the Revised Code. | 44466 |
| (e) Neither the licensee nor any person holding, owning, or | 44467 |
| controlling a five per cent or greater beneficial or equity | 44468 |
| interest in the licensee has been convicted of or pleaded guilty | 44469 |
| to a felony under the laws of this state, any other state, or the | 44470 |
| United States, after the effective date of this amendment. | 44471 |
| (f) The fire marshal approves the application for expansion. | 44472 |
| (2) The fire marshal shall approve an application for | 44473 |
| expansion requested under division (I)(1) of this section if the | 44474 |
| fire marshal receives the application fee and proof that the | 44475 |
| requirements of divisions (I)(1)(b) to (e) of this section are | 44476 |
| satisfied. The storage location shall be considered part of the | 44477 |
| original licensed premises and shall use the same distinct number | 44478 |
| assigned to the original licensed premises with any additional | 44479 |
| designations as the fire marshal deems necessary in accordance | 44480 |
| with section 3743.03 of the Revised Code. | 44481 |
| (J)(1) A licensee who obtains approval for the use of a | 44482 |
| storage location in accordance with division (I) of this section | 44483 |
| shall use the storage location exclusively for the following | 44484 |
| activities, in accordance with division (C) of this section: | 44485 |
| (a) The packaging, assembling, or storing of fireworks, which | 44486 |
| shall only occur in buildings, structures, or trailers approved | 44487 |
| for such hazardous uses by the building code official having | 44488 |
| jurisdiction for the storage location and shall be in accordance | 44489 |
| with the rules adopted by the fire marshal under division (G) of | 44490 |
| section 3743.05 of the Revised Code for the packaging, assembling, | 44491 |
| and storage of fireworks. | 44492 |
| (b) Distributing fireworks to other parcels of real estate | 44493 |
| located on the manufacturer's licensed premises, to licensed | 44494 |
| wholesalers or other licensed manufacturers in this state or to | 44495 |
| similarly licensed persons located in another state or country; | 44496 |
| (c) Distributing fireworks to a licensed exhibitor of | 44497 |
| fireworks pursuant to a properly issued permit in accordance with | 44498 |
| section 3743.54 of the Revised Code. | 44499 |
| (2) A licensed manufacturer shall not engage in any sales | 44500 |
| activity, including the retail sale of fireworks otherwise | 44501 |
| permitted under division (C)(2) or (C)(3) of this section, or | 44502 |
| pursuant to section 3743.44 or 3743.45 of the Revised Code, at the | 44503 |
| storage location approved under this section. | 44504 |
| (K) The licensee shall prohibit public access to the storage | 44505 |
| location. The fire marshal shall adopt rules to describe the | 44506 |
| acceptable measures a manufacturer shall use to prohibit access to | 44507 |
| the storage site. | 44508 |
| Sec. 3743.05. The fire marshal shall adopt rules in | 44509 |
| accordance with Chapter 119. of the Revised Code governing the | 44510 |
| classification of fireworks that are consistent with the | 44511 |
| classification of fireworks by the United States department of | 44512 |
| transportation as set forth in Title 49, Code of Federal | 44513 |
| Regulations, and the manufacture of fireworks and the storage of | 44514 |
| manufactured fireworks by licensed manufacturers of fireworks. The | 44515 |
| rules shall be designed to promote the safety and security of | 44516 |
| employees of manufacturers, members of the public, and the | 44517 |
| fireworks plant. | 44518 |
| The rules shall be consistent with sections 3743.02 to | 44519 |
| 3743.08 of the Revised Code, shall be substantially equivalent to | 44520 |
| the most recent versions of chapters 1123, 1124, and 1126 of the | 44521 |
| most recent national fire protection association standards, and | 44522 |
| shall apply to, but not be limited to, the following subject | 44523 |
| matters: | 44524 |
| (A) A classification of fireworks by number and letter | 44525 |
| designation, including, specifically, a 1.4G designation of | 44526 |
| fireworks. The classes of fireworks established by the fire | 44527 |
| marshal shall be substantially equivalent to those defined by the | 44528 |
| United States department of transportation by regulation, except | 44529 |
| that, if the fire marshal determines that a type of fireworks | 44530 |
| designated as common fireworks by the United States department of | 44531 |
| transportation meets the criteria of any class of fireworks, other | 44532 |
| than 1.4G fireworks, as adopted by the fire marshal pursuant to | 44533 |
| this section, the fire marshal may include the type of fireworks | 44534 |
| in the other class instead of 1.4G. | 44535 |
| (B) Appropriate standards for the manufacturing of types of | 44536 |
| fireworks that are consistent with standards adopted by the United | 44537 |
| States department of transportation and the consumer product | 44538 |
| safety commission, including, but not limited to, the following: | 44539 |
| (1) Permissible amounts of pyrotechnic or explosive | 44540 |
| composition; | 44541 |
| (2) Interior and exterior dimensions; | 44542 |
| (3) Structural specifications. | 44543 |
| (C) Cleanliness and orderliness in, the heating, lighting, | 44544 |
| and use of stoves and flame-producing items in, smoking in, the | 44545 |
| prevention of fire and explosion in, the availability of fire | 44546 |
| extinguishers or other fire-fighting equipment and their use in, | 44547 |
| and emergency procedures relative to the buildings and other | 44548 |
| structures located on the premises of a fireworks plant. | 44549 |
| (D) Appropriate uniforms to be worn by employees of | 44550 |
| manufacturers in the course of the manufacturing, handling, and | 44551 |
| storing of fireworks, and the use of protective clothing and | 44552 |
| equipment by the employees. | 44553 |
| (E) The manner in which fireworks are to be packed, packaged, | 44554 |
| and stored. | 44555 |
| (F) Required distances between buildings or structures used | 44556 |
| in the manufacturing, storage, or sale of fireworks and occupied | 44557 |
| residential and nonresidential buildings or structures, railroads, | 44558 |
| highways, or any additional buildings or structures located on the | 44559 |
| licensed premises. The rules adopted pursuant to this division do | 44560 |
| not apply to factory buildings in fireworks plants that were | 44561 |
| erected on or before May 30, 1986, and that were legally being | 44562 |
| used for fireworks activities under authority of a valid license | 44563 |
| issued by the fire marshal as of December 1, 1990, pursuant to | 44564 |
| sections 3743.03 and 3743.04 of the Revised Code. | 44565 |
| (G) Requirements for the operation of storage locations, | 44566 |
| including packaging, assembling, and storage of fireworks. | 44567 |
| Sec. 3743.06. In addition to conforming to the rules of the | 44568 |
| fire marshal adopted pursuant to section 3743.05 of the Revised | 44569 |
| Code, licensed manufacturers of fireworks shall operate their | 44570 |
| fireworks plants in accordance with the following: | 44571 |
| (A) Signs indicating that smoking is generally forbidden and | 44572 |
| trespassing is prohibited on the premises of a fireworks plant | 44573 |
| shall be posted on the premises in a manner determined by the fire | 44574 |
| marshal. | 44575 |
| (B) Reasonable precautions shall be taken to protect the | 44576 |
| premises of a fireworks plant from trespass, loss, theft, or | 44577 |
| destruction. Only persons employed by the manufacturer, authorized | 44578 |
| governmental personnel, and persons who have obtained permission | 44579 |
| from a member of the manufacturer's office to be on the premises, | 44580 |
| are to be allowed to enter and remain on the premises. | 44581 |
| (C) Smoking or the carrying of pipes, cigarettes, or cigars, | 44582 |
| matches, lighters, other flame-producing items, or open flame on, | 44583 |
| or the carrying of a concealed source of ignition into, the | 44584 |
| premises of a fireworks plant is prohibited, except that a | 44585 |
| manufacturer may permit smoking in specified lunchrooms or | 44586 |
| restrooms in buildings or other structures in which no | 44587 |
| manufacturing, handling, sales, or storage of fireworks takes | 44588 |
| place. "NO SMOKING" signs shall be posted on the premises as | 44589 |
| required by the fire marshal. | 44590 |
| (D) Fire and explosion prevention and other reasonable safety | 44591 |
| measures and precautions shall be implemented by a manufacturer. | 44592 |
| (E) Persons shall not be permitted to have in their | 44593 |
| possession or under their control, while they are on the premises | 44594 |
| of the fireworks plant, any intoxicating liquor, beer, or | 44595 |
| controlled substance, and they shall not be permitted to enter or | 44596 |
| remain on the premises if they are found to be under the influence | 44597 |
| of any intoxicating liquor, beer, or controlled substance. | 44598 |
| (F) A manufacturer shall conform to all building, safety, and | 44599 |
| zoning statutes, ordinances, rules, or other enactments that apply | 44600 |
| to the premises of its fireworks plant. | 44601 |
| (G) | 44602 |
| 44603 | |
| 44604 | |
| 44605 | |
| 44606 | |
| 44607 | |
| 44608 | |
| 44609 | |
| 44610 | |
| 44611 | |
| 44612 | |
| 44613 |
| | 44614 |
| magazine that is approved by the bureau of alcohol, tobacco, and | 44615 |
| firearms of the United States department of the treasury and that | 44616 |
| is otherwise in conformity with federal law. This division does | 44617 |
| not apply to fireworks plants existing on or before August 3, | 44618 |
| 1931. | 44619 |
| | 44620 |
| facilities for the sale or storage of fireworks. This division | 44621 |
| does not prohibit the use of an awning or canopy attached to a | 44622 |
| public access showroom for storing nonflammable shopping | 44623 |
| convenience items such as shopping carts or baskets or providing a | 44624 |
| shaded area for patrons waiting to enter the public sales area. | 44625 |
| | 44626 |
| are properly enclosed, secured, and grounded and are separated | 44627 |
| from any structure to which the public is admitted by a distance | 44628 |
| that will, in the fire marshal's judgment, allow fire-fighting | 44629 |
| equipment to have full access to the structures on the licensed | 44630 |
| premises. Such trailers may be moved into closer proximity to any | 44631 |
| structure only to accept or discharge cargo for a period not to | 44632 |
| exceed forty-eight hours. Only two such trailers may be placed in | 44633 |
| such closer proximity at any one time. At no time may trailers be | 44634 |
| used for conducting sales of any class of fireworks, nor may | 44635 |
| members of the public have access to the trailers. | 44636 |
| Storage areas for fireworks that are in the same building | 44637 |
| where fireworks are displayed and sold to the public shall be | 44638 |
| separated from the areas to which the public has access by an | 44639 |
| appropriately rated fire wall. | 44640 |
| | 44641 |
| 3781.108 of the Revised Code may be turned off only for repair, | 44642 |
| drainage of the system to prevent damage by freezing during the | 44643 |
| period of time, approved by the fire marshal, that the facility is | 44644 |
| closed to all public access during winter months, or maintenance | 44645 |
| of the system. If any repair or maintenance is necessary during | 44646 |
| times when the facility is open for public access and business as | 44647 |
| approved by the fire marshal, the licensed manufacturer shall | 44648 |
| notify in advance the appropriate insurance company and fire chief | 44649 |
| or fire prevention officer regarding the nature of the maintenance | 44650 |
| or repair and the time when it will be performed. | 44651 |
| | 44652 |
| package or is manufactured with any fuse other than a safety fuse | 44653 |
| approved by the consumer product safety commission, then the item | 44654 |
| shall be covered completely by repackaging or bagging or it shall | 44655 |
| otherwise be covered so as to prevent ignition prior to sale. | 44656 |
| | 44657 |
| business hours at a building open to the public during the period | 44658 |
| commencing fourteen days before, and ending two days after, each | 44659 |
| fourth day of July. The officer shall be highly visible, enforce | 44660 |
| this chapter and any applicable building codes to the extent the | 44661 |
| officer is authorized by law, and be one of the following: | 44662 |
| (1) A deputy sheriff; | 44663 |
| (2) A law enforcement officer of a municipal corporation, | 44664 |
| township, or township or joint township police district; | 44665 |
| (3) A private uniformed security guard registered under | 44666 |
| section 4749.06 of the Revised Code. | 44667 |
| | 44668 |
| shall swing outward. | 44669 |
| | 44670 |
| be packaged, shipped, placarded, and transported in accordance | 44671 |
| with United States department of transportation regulations | 44672 |
| applicable to the transportation, and the offering for | 44673 |
| transportation, of hazardous materials. For purposes of this | 44674 |
| division, "wholesale and commercial sales" includes all sales for | 44675 |
| resale and any nonretail sale made in furtherance of a commercial | 44676 |
| enterprise. For purposes of enforcement of these regulations under | 44677 |
| section 4905.83 of the Revised Code, any sales transaction | 44678 |
| exceeding one thousand pounds shall be rebuttably presumed to be a | 44679 |
| wholesale or commercial sale. | 44680 |
| Sec. 3743.15. (A) Except as provided in division (C) of this | 44681 |
| section, any person who wishes to be a wholesaler of fireworks in | 44682 |
| this state shall submit to the fire marshal an application for | 44683 |
| licensure as a wholesaler of fireworks before the first day of | 44684 |
| October of each year. The application shall be submitted prior to | 44685 |
| commencement of business operations, shall be on a form prescribed | 44686 |
| by the fire marshal, shall contain all information requested by | 44687 |
| the fire marshal, and shall be accompanied by the license fee, | 44688 |
| fingerprints, and proof of insurance coverage described in | 44689 |
| division (B) of this section. | 44690 |
| The fire marshal shall prescribe a form for applications for | 44691 |
| licensure as a wholesaler of fireworks and make a copy of the form | 44692 |
| available, upon request, to persons who seek that licensure. | 44693 |
| (B) An applicant for licensure as a wholesaler of fireworks | 44694 |
| shall submit with the application all of the following: | 44695 |
| (1) A license fee of two thousand seven hundred fifty | 44696 |
| dollars, which the fire marshal shall use to pay for fireworks | 44697 |
|
safety education, training programs, and inspections | 44698 |
| applicant has any storage locations approved in accordance with | 44699 |
| division (G) of section 3743.17 of the Revised Code, the applicant | 44700 |
| also shall submit a fee of one hundred dollars per storage | 44701 |
| location for the inspection of each storage location. | 44702 |
| (2) Proof of comprehensive general liability insurance | 44703 |
| coverage, specifically including fire and smoke casualty on | 44704 |
| premises, in an amount not less than one million dollars for each | 44705 |
| occurrence for bodily injury liability and wrongful death | 44706 |
| liability at its business location. Proof of such insurance | 44707 |
| coverage shall be submitted together with proof of coverage for | 44708 |
| products liability on all inventory located at the business | 44709 |
| location. All applicants shall submit evidence of comprehensive | 44710 |
| general liability insurance coverage verified by the insurer and | 44711 |
| certified as to its provision of the minimum coverage required | 44712 |
| under this division. | 44713 |
| (3) One complete set of the applicant's fingerprints and a | 44714 |
| complete set of fingerprints of any individual holding, owning, or | 44715 |
| controlling a five per cent or greater beneficial or equity | 44716 |
| interest in the applicant for the license. | 44717 |
| (C) A licensed manufacturer of fireworks is not required to | 44718 |
| apply for and obtain a wholesaler of fireworks license in order to | 44719 |
| engage in the wholesale sale of fireworks as authorized by | 44720 |
| division (C)(2) of section 3743.04 of the Revised Code. A business | 44721 |
| which is not a licensed manufacturer of fireworks may engage in | 44722 |
| the wholesale and retail sale of fireworks in the same manner as a | 44723 |
| licensed manufacturer of fireworks is authorized to do under this | 44724 |
| chapter without the necessity of applying for and obtaining a | 44725 |
| license pursuant to this section, but only if the business sells | 44726 |
| the fireworks on the premises of a fireworks plant covered by a | 44727 |
| license issued under section 3743.03 of the Revised Code and the | 44728 |
| holder of that license owns at least a majority interest in that | 44729 |
| business. However, if a licensed manufacturer of fireworks wishes | 44730 |
| to engage in the wholesale sale of fireworks in this state at a | 44731 |
| location other than the premises of the fireworks plant described | 44732 |
| in its application for licensure as a manufacturer or in a | 44733 |
| notification submitted under division (B) of section 3743.04 of | 44734 |
| the Revised Code, the manufacturer shall first apply for and | 44735 |
| obtain a wholesaler of fireworks license before engaging in | 44736 |
| wholesale sales of fireworks at the other location. | 44737 |
| (D) A separate application for licensure as a wholesaler of | 44738 |
| fireworks shall be submitted for each location at which a person | 44739 |
| wishes to engage in wholesale sales of fireworks. | 44740 |
| Sec. 3743.17. (A) The license of a wholesaler of fireworks | 44741 |
| is effective for one year beginning on the first day of December. | 44742 |
| The fire marshal shall issue or renew a license only on that date | 44743 |
| and at no other time. If a wholesaler of fireworks wishes to | 44744 |
| continue engaging in the wholesale sale of fireworks at the | 44745 |
| particular location after its then effective license expires, it | 44746 |
| shall apply not later than the first day of October for a new | 44747 |
| license pursuant to section 3743.15 of the Revised Code. The fire | 44748 |
| marshal shall send a written notice of the expiration of its | 44749 |
| license to a licensed wholesaler at least three months before the | 44750 |
| expiration date. | 44751 |
| (B) If, during the effective period of its licensure, a | 44752 |
| licensed wholesaler of fireworks wishes to perform any | 44753 |
| construction, or make any structural change or renovation, on the | 44754 |
| premises on which the fireworks are sold, the wholesaler shall | 44755 |
| notify the fire marshal in writing. The fire marshal may require a | 44756 |
| licensed wholesaler also to submit documentation, including, but | 44757 |
| not limited to, plans covering the proposed construction or | 44758 |
| structural change or renovation, if the fire marshal determines | 44759 |
| the documentation is necessary for evaluation purposes in light of | 44760 |
| the proposed construction or structural change or renovation. | 44761 |
| Upon receipt of the notification and additional documentation | 44762 |
| required by the fire marshal, the fire marshal shall inspect the | 44763 |
| premises on which the fireworks are sold to determine if the | 44764 |
| proposed construction or structural change or renovation conforms | 44765 |
| to sections 3743.15 to 3743.21 of the Revised Code and the rules | 44766 |
| adopted by the fire marshal pursuant to section 3743.18 of the | 44767 |
| Revised Code. The fire marshal shall issue a written authorization | 44768 |
| to the wholesaler for the construction or structural change or | 44769 |
| renovation if the fire marshal determines, upon the inspection and | 44770 |
| a review of submitted documentation, that the construction or | 44771 |
| structural change or renovation conforms to those sections and | 44772 |
| rules. | 44773 |
| (C) The license of a wholesaler of fireworks authorizes the | 44774 |
| wholesaler to engage only in the following activities: | 44775 |
| (1) Possess for sale at wholesale and sell at wholesale | 44776 |
| fireworks to persons who are licensed wholesalers of fireworks, to | 44777 |
| out-of-state residents in accordance with section 3743.44 of the | 44778 |
| Revised Code, to residents of this state in accordance with | 44779 |
| section 3743.45 of the Revised Code, or to persons located in | 44780 |
| another state provided the fireworks are shipped directly out of | 44781 |
| this state to them by the wholesaler. The possession for sale | 44782 |
| shall be at the location described in the application for | 44783 |
| licensure or in the notification submitted under division (B) of | 44784 |
| this section, and the sale shall be from the inside of a licensed | 44785 |
| building and from no structure or device outside a licensed | 44786 |
| building. At no time shall a licensed wholesaler sell any class of | 44787 |
| fireworks outside a licensed building. | 44788 |
| (2) Possess for sale at retail and sell at retail fireworks, | 44789 |
| other than 1.4G fireworks as designated by the fire marshal in | 44790 |
| rules adopted pursuant to division (A) of section 3743.05 of the | 44791 |
| Revised Code, to licensed exhibitors in accordance with sections | 44792 |
| 3743.50 to 3743.55 of the Revised Code, and possess for sale at | 44793 |
| retail and sell at retail fireworks, including 1.4G fireworks, to | 44794 |
| out-of-state residents in accordance with section 3743.44 of the | 44795 |
| Revised Code, to residents of this state in accordance with | 44796 |
| section 3743.45 of the Revised Code, or to persons located in | 44797 |
| another state provided the fireworks are shipped directly out of | 44798 |
| this state to them by the wholesaler. The possession for sale | 44799 |
| shall be at the location described in the application for | 44800 |
| licensure or in the notification submitted under division (B) of | 44801 |
| this section, and the sale shall be from the inside of the | 44802 |
| licensed building and from no other structure or device outside | 44803 |
| this licensed building. At no time shall a licensed wholesaler | 44804 |
| sell any class of fireworks outside a licensed building. | 44805 |
| A licensed wholesaler of fireworks shall sell under division | 44806 |
| (C) of this section only fireworks that meet the standards set by | 44807 |
| the consumer product safety commission or by the American | 44808 |
| fireworks standard laboratories or that have received an EX number | 44809 |
| from the United States department of transportation. | 44810 |
| (D) | 44811 |
| protected under glass and posted in a conspicuous place at the | 44812 |
| location described in the application for licensure or in the | 44813 |
| notification submitted under division (B) of this section. Except | 44814 |
|
as otherwise provided in this | 44815 |
| transferable or assignable. A license may be transferred to | 44816 |
| another person for the same location for which the license was | 44817 |
| issued if the assets of the wholesaler are transferred to that | 44818 |
| person by inheritance or by a sale approved by the fire marshal. | 44819 |
| The license is subject to revocation in accordance with section | 44820 |
| 3743.21 of the Revised Code. | 44821 |
| | 44822 |
| or contraction of a licensed premises and for the approval of an | 44823 |
| expansion or contraction. The boundaries of a licensed premises, | 44824 |
| including any geographic expansion or contraction of those | 44825 |
| boundaries, shall be approved by the fire marshal in accordance | 44826 |
| with rules the fire marshal adopts. If the licensed premises of a | 44827 |
| licensed wholesaler from which the wholesaler operates consists of | 44828 |
| more than one parcel of real estate, those parcels must be | 44829 |
| contiguous, unless an exception is allowed pursuant to division | 44830 |
| (G) of this section. | 44831 |
| (F)(1) Upon application by a licensed wholesaler of | 44832 |
| fireworks, a wholesaler license may be transferred from one | 44833 |
| geographic location to another within the same municipal | 44834 |
| corporation or within the unincorporated area of the same | 44835 |
| township, but only if all of the following apply: | 44836 |
| (a) The identity of the holder of the license remains the | 44837 |
| same in the new location. | 44838 |
| (b) The former location is closed prior to the opening of the | 44839 |
| new location and no fireworks business of any kind is conducted at | 44840 |
| the former location after the transfer of the license. | 44841 |
| (c) The new location has received a local certificate of | 44842 |
| zoning compliance and a local certificate of occupancy, and | 44843 |
| otherwise is in compliance with all local building regulations. | 44844 |
| (d) The transfer of the license is requested by the licensee | 44845 |
| because the existing facility poses an immediate hazard to the | 44846 |
| public. | 44847 |
| (e) | 44848 |
| 44849 | |
| 44850 | |
| 44851 | |
| 44852 | |
| 44853 | |
| 44854 | |
| 44855 | |
| 44856 | |
| 44857 | |
| residential and nonresidential buildings or structures, railroads, | 44858 |
| highways, or any other buildings or structures located on the | 44859 |
| licensed premises in accordance with the distances specified in | 44860 |
| the rules adopted by the fire marshal pursuant to section 3743.18 | 44861 |
| of the Revised Code. If the licensee fails to comply with the | 44862 |
| requirements of division
| 44863 |
| licensee's own act, the license at the new location is forfeited. | 44864 |
| (f) Neither the licensee nor any person holding, owning, or | 44865 |
| controlling a five per cent or greater beneficial or equity | 44866 |
| interest in the licensee has been convicted of or has pleaded | 44867 |
| guilty to a felony under the laws of this state, any other state, | 44868 |
|
or the United
States after
| 44869 |
| June 30, 1997. | 44870 |
| (g) The fire marshal approves the request for the transfer. | 44871 |
| (2) The new location shall comply with the requirements | 44872 |
| specified in divisions (A)(1) and (2) of section 3743.25 of the | 44873 |
| Revised Code whether or not the fireworks showroom at the new | 44874 |
| location is constructed, expanded, or first begins operating on | 44875 |
| and
after
| 44876 |
| | 44877 |
| premises within this state to include not more than two storage | 44878 |
| locations that are located upon one or more real estate parcels | 44879 |
| that are noncontiguous to the licensed premises as that licensed | 44880 |
| premises exists on the date a licensee submits an application as | 44881 |
| described below, if all of the following apply: | 44882 |
| (a) The licensee submits an application to the fire marshal | 44883 |
| requesting the expansion and an application fee of one hundred | 44884 |
| dollars per storage location for which the licensee is requesting | 44885 |
| approval. | 44886 |
| (b) The identity of the holder of the license remains the | 44887 |
| same at the storage location. | 44888 |
| (c) The storage location has received a valid certificate of | 44889 |
| zoning compliance, as applicable, and a valid certificate of | 44890 |
| occupancy for each building or structure at the storage location | 44891 |
| issued by the authority having jurisdiction to issue the | 44892 |
| certificate for the storage location, and those certificates | 44893 |
| permit the distribution and storage of fireworks regulated under | 44894 |
| this chapter at the storage location and in the buildings or | 44895 |
| structures. The storage location shall be in compliance with all | 44896 |
| other applicable federal, state, and local laws and regulations. | 44897 |
| (d) Every building or structure located upon the storage | 44898 |
| location is separated from occupied residential and nonresidential | 44899 |
| buildings or structures, railroads, highways, and any other | 44900 |
| buildings or structures on the licensed premises in accordance | 44901 |
| with the distances specified in the rules adopted by the fire | 44902 |
| marshal pursuant to section 3743.18 of the Revised Code. | 44903 |
| (e) Neither the licensee nor any person holding, owning, or | 44904 |
| controlling a five per cent or greater beneficial or equity | 44905 |
| interest in the licensee has been convicted of or pleaded guilty | 44906 |
| to a felony under the laws of this state, any other state, or the | 44907 |
| United States, after the effective date of this amendment. | 44908 |
| (f) The fire marshal approves the application for expansion. | 44909 |
| (2) The fire marshal shall approve an application for | 44910 |
| expansion requested under division (G)(1) of this section if the | 44911 |
| fire marshal receives the application fee and proof that the | 44912 |
| requirements of divisions (G)(1)(b) to (e) of this section are | 44913 |
| satisfied. The storage location shall be considered part of the | 44914 |
| original licensed premises and shall use the same distinct number | 44915 |
| assigned to the original licensed premises with any additional | 44916 |
| designations as the fire marshal deems necessary in accordance | 44917 |
| with section 3743.16 of the Revised Code. | 44918 |
| (H)(1) A licensee who obtains approval for use of a storage | 44919 |
| location in accordance with division (G) of this section shall use | 44920 |
| the site exclusively for the following activities, in accordance | 44921 |
| with division (C)(1) of this section: | 44922 |
| (a) Packaging, assembling, or storing fireworks, which shall | 44923 |
| occur only in buildings approved for such hazardous uses by the | 44924 |
| building code official having jurisdiction for the storage | 44925 |
| location and shall be in accordance with the rules adopted by the | 44926 |
| fire marshal under division (B)(4) of section 3743.18 of the | 44927 |
| Revised Code for the packaging, assembling, and storage of | 44928 |
| fireworks. | 44929 |
| (b) Distributing fireworks to other parcels of real estate | 44930 |
| located on the wholesaler's licensed premises, to licensed | 44931 |
| manufacturers or other licensed wholesalers in this state or to | 44932 |
| similarly licensed persons located in another state or country; | 44933 |
| (c) Distributing fireworks to a licensed exhibitor of | 44934 |
| fireworks pursuant to a properly issued permit in accordance with | 44935 |
| section 3743.54 of the Revised Code. | 44936 |
| (2) A licensed wholesaler shall not engage in any sales | 44937 |
| activity, including the retail sale of fireworks otherwise | 44938 |
| permitted under division (C)(2) of this section or pursuant to | 44939 |
| section 3743.44 or 3743.45 of the Revised Code, at a storage | 44940 |
| location approved under this section. | 44941 |
| (I) A licensee shall prohibit public access to all storage | 44942 |
| locations it uses. The fire marshal shall adopt rules establishing | 44943 |
| acceptable measures a wholesaler shall use to prohibit access to | 44944 |
| storage sites. | 44945 |
| (J) The fire marshal shall not place the license of a | 44946 |
| wholesaler of fireworks in temporarily inactive status while the | 44947 |
| holder of the license is attempting to qualify to retain the | 44948 |
| license. | 44949 |
| | 44950 |
| the wholesaler, whose identity is provided to the fire marshal by | 44951 |
| the wholesaler, annually shall attend a continuing education | 44952 |
| program consisting of not less than eight hours of instruction. | 44953 |
| The fire marshal shall develop the program and the fire marshal or | 44954 |
| a person or public agency approved by the fire marshal shall | 44955 |
| conduct it. A licensed wholesaler or the wholesaler's designee who | 44956 |
| attends a program as required under this division, within one year | 44957 |
| after attending the program, shall conduct in-service training for | 44958 |
| other employees of the licensed wholesaler regarding the | 44959 |
| information obtained in the program. A licensed wholesaler shall | 44960 |
| provide the fire marshal with notice of the date, time, and place | 44961 |
| of all in-service training not less than thirty days prior to an | 44962 |
| in-service training event. | 44963 |
| | 44964 |
| general liability insurance coverage in the amount and type | 44965 |
| specified under division (B)(2) of section 3743.15 of the Revised | 44966 |
| Code at all times. Each policy of insurance required under this | 44967 |
| division shall contain a provision requiring the insurer to give | 44968 |
| not less than fifteen days' prior written notice to the fire | 44969 |
| marshal before termination, lapse, or cancellation of the policy, | 44970 |
| or any change in the policy that reduces the coverage below the | 44971 |
| minimum required under this division. Prior to canceling or | 44972 |
| reducing the amount of coverage of any comprehensive general | 44973 |
| liability insurance coverage required under this division, a | 44974 |
| licensed wholesaler shall secure supplemental insurance in an | 44975 |
| amount and type that satisfies the requirements of this division | 44976 |
| so that no lapse in coverage occurs at any time. A licensed | 44977 |
| wholesaler who secures supplemental insurance shall file evidence | 44978 |
| of the supplemental insurance with the fire marshal prior to | 44979 |
| canceling or reducing the amount of coverage of any comprehensive | 44980 |
| general liability insurance coverage required under this division. | 44981 |
| Sec. 3743.18. (A) The fire marshal shall adopt rules pursuant | 44982 |
| to Chapter 119. of the Revised Code governing the storage of | 44983 |
| fireworks by and the business operations of licensed wholesalers | 44984 |
| of fireworks. These rules shall be designed to promote the safety | 44985 |
| and security of employees of wholesalers, members of the public, | 44986 |
| and the premises upon which fireworks are sold. | 44987 |
| (B) The rules shall be consistent with sections 3743.15 to | 44988 |
| 3743.21 of the Revised Code, shall be substantially equivalent to | 44989 |
| the most recent versions of chapters 1123, 1124, and 1126 of the | 44990 |
| most recent national fire protection association standards, and | 44991 |
| shall apply to, but not be limited to, the following subject | 44992 |
| matters: | 44993 |
| | 44994 |
| and use of stoves and flame-producing items in, smoking in, the | 44995 |
| prevention of fire and explosion in, the availability of fire | 44996 |
| extinguishers or other fire-fighting equipment and their use in, | 44997 |
| and emergency procedures relative to the buildings and other | 44998 |
|
structures on a wholesaler's premises | 44999 |
| | 45000 |
| wholesalers in the course of handling and storing of fireworks, | 45001 |
| and the use of protective clothing and equipment by the | 45002 |
|
employees | 45003 |
| | 45004 |
| (4) Required distances between buildings or structures used | 45005 |
| in the manufacturing, storage, or sale of fireworks and occupied | 45006 |
| residential and nonresidential buildings or structures, railroads, | 45007 |
| highways, or any additional buildings or structures on a licensed | 45008 |
| premises. | 45009 |
| (5) Requirements for the operation of storage locations, | 45010 |
| including packaging, assembling, and storage of fireworks. | 45011 |
| (C) Rules adopted pursuant to division (B)(4) of this section | 45012 |
| do not apply to buildings that were erected on or before May 30, | 45013 |
| 1986, and that were legally being used for fireworks activities | 45014 |
| under authority of a valid license issued by the fire marshal as | 45015 |
| of December 1, 1990, pursuant to sections 3743.16 and 3743.17 of | 45016 |
| the Revised Code. | 45017 |
| Sec. 3743.19. In addition to conforming to the rules of the | 45018 |
| fire marshal adopted pursuant to section 3743.18 of the Revised | 45019 |
| Code, licensed wholesalers of fireworks shall conduct their | 45020 |
| business operations in accordance with the following: | 45021 |
| (A) A wholesaler shall conduct its business operations from | 45022 |
| the location described in its application for licensure or in a | 45023 |
| notification submitted under division (B) of section 3743.17 of | 45024 |
| the Revised Code. | 45025 |
| (B) Signs indicating that smoking is generally forbidden and | 45026 |
| trespassing is prohibited on the premises of a wholesaler shall be | 45027 |
| posted on the premises as determined by the fire marshal. | 45028 |
| (C) Reasonable precautions shall be taken to protect the | 45029 |
| premises of a wholesaler from trespass, loss, theft, or | 45030 |
| destruction. | 45031 |
| (D) Smoking or the carrying of pipes, cigarettes, or cigars, | 45032 |
| matches, lighters, other flame-producing items, or open flame on, | 45033 |
| or the carrying of a concealed source of ignition into, the | 45034 |
| premises of a wholesaler is prohibited, except that a wholesaler | 45035 |
| may permit smoking in specified lunchrooms or restrooms in | 45036 |
| buildings or other structures in which no sales, handling, or | 45037 |
| storage of fireworks takes place. "NO SMOKING" signs shall be | 45038 |
| posted on the premises as required by the fire marshal. | 45039 |
| (E) Fire and explosion prevention and other reasonable safety | 45040 |
| measures and precautions shall be implemented by a wholesaler. | 45041 |
| (F) Persons shall not be permitted to have in their | 45042 |
| possession or under their control, while they are on the premises | 45043 |
| of a wholesaler, any intoxicating liquor, beer, or controlled | 45044 |
| substance, and they shall not be permitted to enter or remain on | 45045 |
| the premises if they are found to be under the influence of any | 45046 |
| intoxicating liquor, beer, or controlled substance. | 45047 |
| (G) A wholesaler shall conform to all building, safety, and | 45048 |
| zoning statutes, ordinances, rules, or other enactments that apply | 45049 |
| to its premises. | 45050 |
| (H) | 45051 |
| 45052 | |
| 45053 | |
| 45054 | |
| 45055 | |
| 45056 | |
| 45057 | |
| 45058 | |
| 45059 | |
| 45060 | |
| 45061 |
| | 45062 |
| open to the public for at least four hours each day between the | 45063 |
| hours of eight a.m. and five p.m., five days of each week, every | 45064 |
| week of the year. Upon application from a licensed wholesaler, the | 45065 |
| fire marshal may waive any of the requirements of this division. | 45066 |
| | 45067 |
| facilities for the storage or sale of fireworks. This division | 45068 |
| does not prohibit the use of an awning or canopy attached to a | 45069 |
| public access showroom for storing nonflammable shopping | 45070 |
| convenience items such as shopping carts or baskets or providing a | 45071 |
| shaded area for patrons waiting to enter the public sales area. | 45072 |
| | 45073 |
| are properly enclosed, secured, and grounded and are separated | 45074 |
| from any structure to which the public is admitted by a distance | 45075 |
| that will, in the fire marshal's judgment, allow fire-fighting | 45076 |
| equipment to have full access to the structures on the licensed | 45077 |
| premises. Such trailers may be moved into closer proximity to any | 45078 |
| structure only to accept or discharge cargo for a period not to | 45079 |
| exceed forty-eight hours. Only two such trailers may be placed in | 45080 |
| such closer proximity at any one time. At no time may trailers be | 45081 |
| used for conducting sales of any class of fireworks nor may | 45082 |
| members of the public have access to the trailers. | 45083 |
| Storage areas for fireworks that are in the same building | 45084 |
| where fireworks are displayed and sold to the public shall be | 45085 |
| separated from the areas to which the public has access by an | 45086 |
| appropriately rated fire wall. | 45087 |
| | 45088 |
| 3781.108 of the Revised Code may be turned off only for repair, | 45089 |
| drainage of the system to prevent damage by freezing during the | 45090 |
| period of time, approved by the fire marshal under division (I) of | 45091 |
| this section, that the facility is closed to public access during | 45092 |
| winter months, or maintenance of the system. If any repair or | 45093 |
| maintenance is necessary during times when the facility is open | 45094 |
| for public access and business, the licensed wholesaler shall | 45095 |
| notify in advance the appropriate insurance company and fire chief | 45096 |
| or fire prevention officer regarding the nature of the maintenance | 45097 |
| or repair and the time when it will be performed. | 45098 |
| | 45099 |
| package or is manufactured with any fuse other than a fuse | 45100 |
| approved by the consumer product safety commission, then the item | 45101 |
| shall be covered completely by repackaging or bagging or it shall | 45102 |
| otherwise be covered so as to prevent ignition prior to sale. | 45103 |
| | 45104 |
| business hours at a building open to the public during the period | 45105 |
| commencing fourteen days before, and ending two days after, each | 45106 |
| fourth day of July. The officer shall be highly visible, enforce | 45107 |
| this chapter and any applicable building codes to the extent the | 45108 |
| officer is authorized by law, and be one of the following: | 45109 |
| (1) A deputy sheriff; | 45110 |
| (2) A law enforcement officer of a municipal corporation, | 45111 |
| township, or township or joint township police district; | 45112 |
| (3) A private uniformed security guard registered under | 45113 |
| section 4749.06 of the Revised Code. | 45114 |
| | 45115 |
| shall swing outward. | 45116 |
| | 45117 |
| be packaged, shipped, placarded, and transported in accordance | 45118 |
| with United States department of transportation regulations | 45119 |
| applicable to the transportation, and the offering for | 45120 |
| transportation, of hazardous materials. For purposes of this | 45121 |
| division, "wholesale and commercial sales" includes all sales for | 45122 |
| resale and any nonretail sale made in furtherance of a commercial | 45123 |
| enterprise. For purposes of enforcement of these regulations under | 45124 |
| section 4905.83 of the Revised Code, any sales transaction | 45125 |
| exceeding one thousand pounds shall be rebuttably presumed to be a | 45126 |
| wholesale or commercial sale. | 45127 |
| Sec. 3743.57. (A) All fees collected by the fire marshal for | 45128 |
| licenses or permits issued pursuant to this chapter shall be | 45129 |
| deposited into the state fire marshal's fund, and interest earned | 45130 |
| on the amounts in the fund shall be credited by the treasurer of | 45131 |
| state to the fund. | 45132 |
| (B) | 45133 |
| 45134 | |
| 45135 | |
| 45136 | |
| 45137 | |
| 45138 | |
| 45139 |
| | 45140 |
| 45141 | |
| 45142 | |
| 45143 | |
| 45144 | |
| 45145 | |
| 45146 | |
| 45147 | |
| 45148 | |
| 45149 | |
| 45150 | |
| 45151 | |
| 45152 | |
| 45153 | |
| 45154 | |
| 45155 | |
| 45156 | |
| 45157 | |
| 45158 |
| The fire marshal shall in the fire marshal's discretion use | 45159 |
| amounts in the state fire marshal's fund for fireworks training | 45160 |
| and education purposes, including, but not limited to, the | 45161 |
| creation of educational and training programs, attendance by the | 45162 |
| fire marshal and the fire marshal's employees at conferences and | 45163 |
| seminars, the payment of travel and meal expenses associated with | 45164 |
| such attendance, participation by the fire marshal and the fire | 45165 |
| marshal's employees in committee meetings and other meetings | 45166 |
| related to pyrotechnic codes, and the payment of travel and meal | 45167 |
| expenses associated with such participation. The use of the fund | 45168 |
| shall comply with rules of the department of commerce, policies | 45169 |
| and procedures established by the director of budget and | 45170 |
| management, and all other applicable laws. | 45171 |
| Sec. 3743.59. (A) Upon application by an affected party, the | 45172 |
| fire marshal may grant variances from the requirements of this | 45173 |
| chapter or from the requirements of rules adopted pursuant to this | 45174 |
| chapter if the fire marshal determines that a literal enforcement | 45175 |
| of
the requirement will result in | 45176 |
| difficulty in complying with the requirements of this chapter or | 45177 |
| the rules adopted pursuant to this chapter and that the variance | 45178 |
| will not be contrary to the public health, safety, or welfare. A | 45179 |
| variance shall not be granted to a person who is initially | 45180 |
| licensed as a manufacturer or wholesaler of fireworks after June | 45181 |
| 14, 1988. | 45182 |
| (B) The fire marshal may authorize a variance from the | 45183 |
| prohibitions in this chapter against the possession and use of | 45184 |
| pyrotechnic compounds to a person who submits proof that the | 45185 |
| person is certified and in good standing with the Ohio state board | 45186 |
| of education, provided that the pyrotechnic compounds are used for | 45187 |
| educational purposes only, or are used only at an authorized | 45188 |
| educational function approved by the governing board that | 45189 |
| exercises authority over the educational function. | 45190 |
| (C) The fire marshal may authorize a variance from the | 45191 |
| prohibitions in this chapter against the possession and use of | 45192 |
| pyrotechnic compounds to a person who possesses and uses the | 45193 |
| pyrotechnic compounds for personal and noncommercial purposes as a | 45194 |
| hobby. The fire marshal may rescind a variance authorized under | 45195 |
| this division at any time, exclusively at the fire marshal's | 45196 |
| discretion. | 45197 |
| Sec. 3743.65. (A) No person shall possess fireworks in this | 45198 |
| state or shall possess for sale or sell fireworks in this state, | 45199 |
| except a licensed manufacturer of fireworks as authorized by | 45200 |
| sections 3743.02 to 3743.08 of the Revised Code, a licensed | 45201 |
| wholesaler of fireworks as authorized by sections 3743.15 to | 45202 |
| 3743.21 of the Revised Code, a shipping permit holder as | 45203 |
| authorized by section 3743.40 of the Revised Code, an out-of-state | 45204 |
| resident as authorized by section 3743.44 of the Revised Code, a | 45205 |
| resident of this state as authorized by section 3743.45 of the | 45206 |
| Revised Code, or a licensed exhibitor of fireworks as authorized | 45207 |
| by sections 3743.50 to 3743.55 of the Revised Code, and except as | 45208 |
| provided in section 3743.80 of the Revised Code. | 45209 |
| (B) Except as provided in section 3743.80 of the Revised Code | 45210 |
| and except for licensed exhibitors of fireworks authorized to | 45211 |
| conduct a fireworks exhibition pursuant to sections 3743.50 to | 45212 |
| 3743.55 of the Revised Code, no person shall discharge, ignite, or | 45213 |
| explode any fireworks in this state. | 45214 |
| (C) No person shall use in a theater or public hall, what is | 45215 |
| technically known as fireworks showers, or a mixture containing | 45216 |
| potassium chlorate and sulphur. | 45217 |
| (D) No person shall sell fireworks of any kind to a person | 45218 |
| under eighteen years of age. | 45219 |
| (E) No person shall advertise 1.4G fireworks for sale. A sign | 45220 |
| located on a seller's premises identifying the seller as a seller | 45221 |
| of fireworks is not the advertising of fireworks for sale. | 45222 |
| (F) No person, other than a licensed manufacturer, licensed | 45223 |
| wholesaler, licensed exhibitor, or shipping permit holder, shall | 45224 |
| possess 1.3G fireworks in this state. | 45225 |
| (G)
Except as otherwise provided in division | 45226 |
|
section
3743.06
and division | 45227 |
| Revised Code, no person shall knowingly disable a fire suppression | 45228 |
| system as defined in section 3781.108 of the Revised Code on the | 45229 |
| premises of a fireworks plant of a licensed manufacturer of | 45230 |
| fireworks or on the premises of the business operations of a | 45231 |
| licensed wholesaler of fireworks. | 45232 |
| Sec. 3743.75. (A) During the period beginning on June 29, | 45233 |
| 2001, and ending on December 15, 2008, the state fire marshal | 45234 |
| shall not do any of the following: | 45235 |
| (1) Issue a license as a manufacturer of fireworks under | 45236 |
| sections 3743.02 and 3743.03 of the Revised Code to a person for a | 45237 |
| particular fireworks plant unless that person possessed such a | 45238 |
| license for that fireworks plant immediately prior to June 29, | 45239 |
| 2001; | 45240 |
| (2) Issue a license as a wholesaler of fireworks under | 45241 |
| sections 3743.15 and 3743.16 of the Revised Code to a person for a | 45242 |
| particular location unless that person possessed such a license | 45243 |
| for that location immediately prior to June 29, 2001; | 45244 |
| (3) Except as provided in division (B) of this section, | 45245 |
| approve the geographic transfer of a license as a manufacturer or | 45246 |
| wholesaler of fireworks issued under this chapter to any location | 45247 |
| other than a location for which a license was issued under this | 45248 |
| chapter immediately prior to June 29, 2001. | 45249 |
| (B) Division (A)(3) of this section does not apply to a | 45250 |
| transfer that the state fire marshal approves under division | 45251 |
| 45252 |
| (C) Notwithstanding section 3743.59 of
the Revised Code | 45253 |
| 45254 | |
| in divisions (A)(1) and (2) of this section, geographic transfers | 45255 |
| approved pursuant to division (F) of section 3743.17 of the | 45256 |
| Revised Code, and storage locations allowed pursuant to division | 45257 |
| (I) of section 3743.04 of the Revised Code or division (G) of | 45258 |
| section 3743.17 of the Revised Code are not subject to any | 45259 |
| variance, waiver, or exclusion. | 45260 |
| (D) As used in division (A) of this section: | 45261 |
| (1) "Person" includes any person or entity, in whatever form | 45262 |
| or name, that acquires possession of a manufacturer or wholesaler | 45263 |
| of fireworks license issued pursuant to this chapter by transfer | 45264 |
| of possession of a license, whether that transfer occurs by | 45265 |
| purchase, assignment, inheritance, bequest, stock transfer, or any | 45266 |
| other type of transfer, on the condition that the transfer is in | 45267 |
| accordance with division (D) of section 3743.04 of the Revised | 45268 |
| Code or division (D) of section 3743.17 of the Revised Code and is | 45269 |
| approved by the fire marshal. | 45270 |
| (2) "Particular location" includes a licensed premises and, | 45271 |
| regardless of when approved, any storage location approved in | 45272 |
| accordance with section 3743.04 or 3743.17 of the Revised Code. | 45273 |
| Sec. 3745.015. There is hereby created in the state treasury | 45274 |
| the environmental protection fund consisting of money credited to | 45275 |
| the fund under division (A)(3) of section 3734.57 of the Revised | 45276 |
| Code. The environmental protection agency shall use money in the | 45277 |
| fund to pay the agency's costs associated with administering and | 45278 |
| enforcing, or otherwise conducting activities under, this chapter | 45279 |
| and Chapters 3704., 3734., 3746., 3747., 3748., 3750., 3751., | 45280 |
| 3752., 3753., 5709., 6101., 6103., 6105., 6109., 6111., 6112., | 45281 |
| 6113., 6115., 6117., and 6119. and sections 122.65 and 1521.19 of | 45282 |
| the Revised Code. | 45283 |
| Sec. 3745.11. (A) Applicants for and holders of permits, | 45284 |
| licenses, variances, plan approvals, and certifications issued by | 45285 |
| the director of environmental protection pursuant to Chapters | 45286 |
| 3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee | 45287 |
| to the environmental protection agency for each such issuance and | 45288 |
| each application for an issuance as provided by this section. No | 45289 |
| fee shall be charged for any issuance for which no application has | 45290 |
| been submitted to the director. | 45291 |
| (B) Each person who is issued a permit to install prior to | 45292 |
| July 1, 2003, pursuant to rules adopted under division (F) of | 45293 |
| section 3704.03 of the Revised Code shall pay the fees specified | 45294 |
| in the following schedules: | 45295 |
| (1) | 45296 |
| Input capacity (maximum) | 45297 | ||||
| (million British thermal units per hour) | Permit to install | 45298 | |||
| Greater than 0, but less than 10 | $ 200 | 45299 | |||
| 10 or more, but less than 100 | 400 | 45300 | |||
| 100 or more, but less than 300 | 800 | 45301 | |||
| 300 or more, but less than 500 | 1500 | 45302 | |||
| 500 or more, but less than 1000 | 2500 | 45303 | |||
| 1000 or more, but less than 5000 | 4000 | 45304 | |||
| 5000 or more | 6000 | 45305 | |||
| Units burning exclusively natural gas, number two fuel oil, | 45306 |
| or both shall be assessed a fee that is one-half of the applicable | 45307 |
| amount established in division (F)(1) of this section. | 45308 |
| (2) Incinerators | 45309 |
| Input capacity (pounds per hour) | Permit to install | 45310 |
| 0 to 100 | $ 100 | 45311 | |||
| 101 to 500 | 400 | 45312 | |||
| 501 to 2000 | 750 | 45313 | |||
| 2001 to 20,000 | 1000 | 45314 | |||
| more than 20,000 | 2500 | 45315 | |||
| (3)(a) Process | 45316 |
| Process weight rate (pounds per hour) | Permit to install | 45317 |
| 0 to 1000 | $ 200 | 45318 | |||
| 1001 to 5000 | 400 | 45319 | |||
| 5001 to 10,000 | 600 | 45320 | |||
| 10,001 to 50,000 | 800 | 45321 | |||
| more than 50,000 | 1000 | 45322 | |||
| In any process where process weight rate cannot be | 45323 |
| ascertained, the minimum fee shall be assessed. | 45324 |
| (b) Notwithstanding division (B)(3)(a) of this section, any | 45325 |
| person issued a permit to install pursuant to rules adopted under | 45326 |
| division (F) of section 3704.03 of the Revised Code shall pay the | 45327 |
| fees established in division (B)(3)(c) of this section for a | 45328 |
| process used in any of the following industries, as identified by | 45329 |
| the applicable four-digit standard industrial classification code | 45330 |
| according to the Standard Industrial Classification Manual | 45331 |
| published by the United States office of management and budget in | 45332 |
| the executive office of the president, 1972, as revised: | 45333 |
| 1211 Bituminous coal and lignite mining; | 45334 |
| 1213 Bituminous coal and lignite mining services; | 45335 |
| 1411 Dimension stone; | 45336 |
| 1422 Crushed and broken limestone; | 45337 |
| 1427 Crushed and broken stone, not elsewhere classified; | 45338 |
| 1442 Construction sand and gravel; | 45339 |
| 1446 Industrial sand; | 45340 |
| 3281 Cut stone and stone products; | 45341 |
| 3295 Minerals and earth, ground or otherwise treated. | 45342 |
| (c) The fees established in the following schedule apply to | 45343 |
| the issuance of a permit to install pursuant to rules adopted | 45344 |
| under division (F) of section 3704.03 of the Revised Code for a | 45345 |
| process listed in division (B)(3)(b) of this section: | 45346 |
| Process weight rate (pounds per hour) | Permit to install | 45347 |
| 0 to 1000 | $ 200 | 45348 | |
| 10,001 to 50,000 | 300 | 45349 | |
| 50,001 to 100,000 | 400 | 45350 | |
| 100,001 to 200,000 | 500 | 45351 | |
| 200,001 to 400,000 | 600 | 45352 | |
| 400,001 or more | 700 | 45353 |
| (4) Storage tanks | 45354 |
| Gallons (maximum useful capacity) | Permit to install | 45355 |
| 0 to 20,000 | $ 100 | 45356 | |||
| 20,001 to 40,000 | 150 | 45357 | |||
| 40,001 to 100,000 | 200 | 45358 | |||
| 100,001 to 250,000 | 250 | 45359 | |||
| 250,001 to 500,000 | 350 | 45360 | |||
| 500,001 to 1,000,000 | 500 | 45361 | |||
| 1,000,001 or greater | 750 | 45362 | |||
| (5) Gasoline/fuel dispensing facilities | 45363 |
| For each gasoline/fuel dispensing | Permit to install | 45364 | |||
| facility | $ 100 | 45365 | |||
| (6) Dry cleaning facilities | 45366 |
| For each dry cleaning facility | Permit to install | 45367 | |||
| (includes all units at the facility) | $ 100 | 45368 | |||
| (7) Registration status | 45369 |
| For each source covered | Permit to install | 45370 | |||
| by registration status | $ 75 | 45371 | |||
| (C)(1) Except as otherwise provided in division (C)(2) of | 45372 |
| this section, beginning July 1, 1994, each person who owns or | 45373 |
| operates an air contaminant source and who is required to apply | 45374 |
| for and obtain a Title V permit under section 3704.036 of the | 45375 |
| Revised Code shall pay the fees set forth in division (C)(1) of | 45376 |
| this section. For the purposes of that division, total emissions | 45377 |
| of air contaminants may be calculated using engineering | 45378 |
| calculations, emissions factors, material balance calculations, or | 45379 |
| performance testing procedures, as authorized by the director. | 45380 |
| The following fees shall be assessed on the total actual | 45381 |
| emissions from a source in tons per year of the regulated | 45382 |
| pollutants particulate matter, sulfur dioxide, nitrogen oxides, | 45383 |
| organic compounds, and lead: | 45384 |
| (a) Fifteen dollars per ton on the total actual emissions of | 45385 |
| each such regulated pollutant during the period July through | 45386 |
| December 1993, to be collected no sooner than July 1, 1994; | 45387 |
| (b) Twenty dollars per ton on the total actual emissions of | 45388 |
| each such regulated pollutant during calendar year 1994, to be | 45389 |
| collected no sooner than April 15, 1995; | 45390 |
| (c) Twenty-five dollars per ton on the total actual emissions | 45391 |
| of each such regulated pollutant in calendar year 1995, and each | 45392 |
| subsequent calendar year, to be collected no sooner than the | 45393 |
| fifteenth day of April of the year next succeeding the calendar | 45394 |
| year in which the emissions occurred. | 45395 |
| The fees levied under division (C)(1) of this section do not | 45396 |
| apply to that portion of the emissions of a regulated pollutant at | 45397 |
| a facility that exceed four thousand tons during a calendar year. | 45398 |
| (2) The fees assessed under division (C)(1) of this section | 45399 |
| are for the purpose of providing funding for the Title V permit | 45400 |
| program. | 45401 |
| (3) The fees assessed under division (C)(1) of this section | 45402 |
| do not apply to emissions from any electric generating unit | 45403 |
| designated as a Phase I unit under Title IV of the federal Clean | 45404 |
| Air Act prior to calendar year 2000. Those fees shall be assessed | 45405 |
| on the emissions from such a generating unit commencing in | 45406 |
| calendar year 2001 based upon the total actual emissions from the | 45407 |
| generating unit during calendar year 2000 and shall continue to be | 45408 |
| assessed each subsequent calendar year based on the total actual | 45409 |
| emissions from the generating unit during the preceding calendar | 45410 |
| year. | 45411 |
| (4) The director shall issue invoices to owners or operators | 45412 |
| of air contaminant sources who are required to pay a fee assessed | 45413 |
| under division (C) or (D) of this section. Any such invoice shall | 45414 |
| be issued no sooner than the applicable date when the fee first | 45415 |
| may be collected in a year under the applicable division, shall | 45416 |
| identify the nature and amount of the fee assessed, and shall | 45417 |
| indicate that the fee is required to be paid within thirty days | 45418 |
| after the issuance of the invoice. | 45419 |
| (D)(1) Except as provided in division (D)(3) of this section, | 45420 |
| from January 1, 1994, through December 31, 2003, each person who | 45421 |
| owns or operates an air contaminant source; who is required to | 45422 |
| apply for a permit to operate pursuant to rules adopted under | 45423 |
| division (G), or a variance pursuant to division (H), of section | 45424 |
| 3704.03 of the Revised Code; and who is not required to apply for | 45425 |
| and obtain a Title V permit under section 3704.036 of the Revised | 45426 |
| Code shall pay a single fee based upon the sum of the actual | 45427 |
| annual emissions from the facility of the regulated pollutants | 45428 |
| particulate matter, sulfur dioxide, nitrogen oxides, organic | 45429 |
| compounds, and lead in accordance with the following schedule: | 45430 |
| Total tons per year | 45431 | |||||
| of regulated pollutants | Annual fee | 45432 | ||||
| emitted | per facility | 45433 | ||||
| More than 0, but less than 50 | $ 75 | 45434 | ||||
| 50 or more, but less than 100 | 300 | 45435 | ||||
| 100 or more | 700 | 45436 |
| (2) Except as provided in division (D)(3) of this section, | 45437 |
| beginning January 1, 2004, each person who owns or operates an air | 45438 |
| contaminant source; who is required to apply for a permit to | 45439 |
| operate pursuant to rules adopted under division (G), or a | 45440 |
| variance pursuant to division (H), of section 3704.03 of the | 45441 |
| Revised Code; and who is not required to apply for and obtain a | 45442 |
| Title V permit under section 3704.03 of the Revised Code shall pay | 45443 |
| a single fee based upon the sum of the actual annual emissions | 45444 |
| from the facility of the regulated pollutants particulate matter, | 45445 |
| sulfur dioxide, nitrogen oxides, organic compounds, and lead in | 45446 |
| accordance with the following schedule: | 45447 |
| Total tons per year | 45448 | |||||
| of regulated pollutants | Annual fee | 45449 | ||||
| emitted | per facility | 45450 | ||||
| More than 0, but less than 10 | $ 100 | 45451 | ||||
| 10 or more, but less than 50 | 200 | 45452 | ||||
| 50 or more, but less than 100 | 300 | 45453 | ||||
| 100 or more | 700 | 45454 |
| (3)(a) As used in division (D) of this section, "synthetic | 45455 |
| minor facility" means a facility for which one or more permits to | 45456 |
| install or permits to operate have been issued for the air | 45457 |
| contaminant sources at the facility that include terms and | 45458 |
| conditions that lower the facility's potential to emit air | 45459 |
| contaminants below the major source thresholds established in | 45460 |
| rules adopted under section 3704.036 of the Revised Code. | 45461 |
| (b) Beginning January 1, 2000, through June 30,
| 45462 |
| each person who owns or operates a synthetic minor facility shall | 45463 |
| pay an annual fee based on the sum of the actual annual emissions | 45464 |
| from the facility of particulate matter, sulfur dioxide, nitrogen | 45465 |
| dioxide, organic compounds, and lead in accordance with the | 45466 |
| following schedule: | 45467 |
| Combined total tons | 45468 | ||||
| per year of all regulated | Annual fee | 45469 | |||
| pollutants emitted | per facility | 45470 |
| Less than 10 | $ 170 | 45471 | |||
| 10 or more, but less than 20 | 340 | 45472 | |||
| 20 or more, but less than 30 | 670 | 45473 | |||
| 30 or more, but less than 40 | 1,010 | 45474 | |||
| 40 or more, but less than 50 | 1,340 | 45475 | |||
| 50 or more, but less than 60 | 1,680 | 45476 | |||
| 60 or more, but less than 70 | 2,010 | 45477 | |||
| 70 or more, but less than 80 | 2,350 | 45478 | |||
| 80 or more, but less than 90 | 2,680 | 45479 | |||
| 90 or more, but less than 100 | 3,020 | 45480 | |||
| 100 or more | 3,350 | 45481 |
| (4) The fees assessed under division (D)(1) of this section | 45482 |
| shall be collected annually no sooner than the fifteenth day of | 45483 |
| April, commencing in 1995. The fees assessed under division (D)(2) | 45484 |
| of this section shall be collected annually no sooner than the | 45485 |
| fifteenth day of April, commencing in 2005. The fees assessed | 45486 |
| under division (D)(3) of this section shall be collected no sooner | 45487 |
| than the fifteenth day of April, commencing in 2000. The fees | 45488 |
| assessed under division (D) of this section in a calendar year | 45489 |
| shall be based upon the sum of the actual emissions of those | 45490 |
| regulated pollutants during the preceding calendar year. For the | 45491 |
| purpose of division (D) of this section, emissions of air | 45492 |
| contaminants may be calculated using engineering calculations, | 45493 |
| emission factors, material balance calculations, or performance | 45494 |
| testing procedures, as authorized by the director. The director, | 45495 |
| by rule, may require persons who are required to pay the fees | 45496 |
| assessed under division (D) of this section to pay those fees | 45497 |
| biennially rather than annually. | 45498 |
| (E)(1) Consistent with the need to cover the reasonable costs | 45499 |
| of the Title V permit program, the director annually shall | 45500 |
| increase the fees prescribed in division (C)(1) of this section by | 45501 |
| the percentage, if any, by which the consumer price index for the | 45502 |
| most recent calendar year ending before the beginning of a year | 45503 |
| exceeds the consumer price index for calendar year 1989. Upon | 45504 |
| calculating an increase in fees authorized by division (E)(1) of | 45505 |
| this section, the director shall compile revised fee schedules for | 45506 |
| the purposes of division (C)(1) of this section and shall make the | 45507 |
| revised schedules available to persons required to pay the fees | 45508 |
| assessed under that division and to the public. | 45509 |
| (2) For the purposes of division (E)(1) of this section: | 45510 |
| (a) The consumer price index for any year is the average of | 45511 |
| the consumer price index for all urban consumers published by the | 45512 |
| United States department of labor as of the close of the | 45513 |
| twelve-month period ending on the thirty-first day of August of | 45514 |
| that year. | 45515 |
| (b) If the 1989 consumer price index is revised, the director | 45516 |
| shall use the revision of the consumer price index that is most | 45517 |
| consistent with that for calendar year 1989. | 45518 |
| (F) Each person who is issued a permit to install pursuant to | 45519 |
| rules adopted under division (F) of section 3704.03 of the Revised | 45520 |
| Code on or after July 1, 2003, shall pay the fees specified in the | 45521 |
| following schedules: | 45522 |
| (1) Fuel-burning equipment (boilers, furnaces, or process | 45523 |
| heaters used in the process of burning fuel for the primary | 45524 |
| purpose of producing heat or power by indirect heat transfer) | 45525 |
| Input capacity (maximum) | 45526 | ||
| (million British thermal units per hour) | Permit to install | 45527 | |
| Greater than 0, but less than 10 | $ 200 | 45528 | |
| 10 or more, but less than 100 | 400 | 45529 | |
| 100 or more, but less than 300 | 1000 | 45530 | |
| 300 or more, but less than 500 | 2250 | 45531 | |
| 500 or more, but less than 1000 | 3750 | 45532 | |
| 1000 or more, but less than 5000 | 6000 | 45533 | |
| 5000 or more | 9000 | 45534 |
| Units burning exclusively natural gas, number two fuel oil, | 45535 |
| or both shall be assessed a fee that is one-half the applicable | 45536 |
| amount shown in division (F)(1) of this section. | 45537 |
| (2) Combustion turbines and stationary internal combustion | 45538 |
| engines designed to generate electricity | 45539 |
| Generating capacity (mega watts) | Permit to install | 45540 | |
| 0 or more, but less than 10 | $ 25 | 45541 | |
| 10 or more, but less than 25 | 150 | 45542 | |
| 25 or more, but less than 50 | 300 | 45543 | |
| 50 or more, but less than 100 | 500 | 45544 | |
| 100 or more, but less than 250 | 1000 | 45545 | |
| 250 or more | 2000 | 45546 |
| (3) Incinerators | 45547 |
| Input capacity (pounds per hour) | Permit to install | 45548 | |
| 0 to 100 | $ 100 | 45549 | |
| 101 to 500 | 500 | 45550 | |
| 501 to 2000 | 1000 | 45551 | |
| 2001 to 20,000 | 1500 | 45552 | |
| more than 20,000 | 3750 | 45553 |
| (4)(a) Process | 45554 |
| Process weight rate (pounds per hour) | Permit to install | 45555 | |
| 0 to 1000 | $ 200 | 45556 | |
| 1001 to 5000 | 500 | 45557 | |
| 5001 to 10,000 | 750 | 45558 | |
| 10,001 to 50,000 | 1000 | 45559 | |
| more than 50,000 | 1250 | 45560 |
| In any process where process weight rate cannot be | 45561 |
| ascertained, the minimum fee shall be assessed. A boiler, furnace, | 45562 |
| combustion turbine, stationary internal combustion engine, or | 45563 |
| process heater designed to provide direct heat or power to a | 45564 |
| process not designed to generate electricity shall be assessed a | 45565 |
| fee established in division (F)(4)(a) of this section. A | 45566 |
| combustion turbine or stationary internal combustion engine | 45567 |
| designed to generate electricity shall be assessed a fee | 45568 |
| established in division (F)(2) of this section. | 45569 |
| (b) Notwithstanding division (F) | 45570 |
| any person issued a permit to install pursuant to rules adopted | 45571 |
| under division (F) of section 3704.03 of the Revised Code shall | 45572 |
|
pay the
fees set forth in division (F) | 45573 |
| for a process used in any of the following industries, as | 45574 |
| identified by the applicable two-digit, three-digit, or four-digit | 45575 |
| standard industrial classification code according to the Standard | 45576 |
| Industrial Classification Manual published by the United States | 45577 |
| office of management and budget in the executive office of the | 45578 |
| president, | 45579 |
| | 45580 |
| | 45581 |
| | 45582 |
| | 45583 |
| | 45584 |
| | 45585 |
| | 45586 |
| Major group 12, coal mining; | 45587 |
| Major group 14, mining and quarrying of nonmetallic minerals; | 45588 |
| Industry group 204, grain mill products; | 45589 |
| 2873 Nitrogen fertilizers; | 45590 |
| 2874 Phosphatic fertilizers; | 45591 |
| 3281 Cut stone and stone products; | 45592 |
| 3295 Minerals and earth, ground or otherwise treated; | 45593 |
| 4221 Grain elevators (storage only); | 45594 |
| 5159 Farm related raw materials; | 45595 |
| 5261 Retail nurseries and lawn and garden supply stores. | 45596 |
| (c) The fees set forth in the following schedule apply to the | 45597 |
| issuance of a permit to install pursuant to rules adopted under | 45598 |
| division (F) of section 3704.03 of the Revised Code for a process | 45599 |
| identified in division (F) | 45600 |
| Process weight rate (pounds per hour) | Permit to install | 45601 | ||||
| 0 to 10,000 | $ 200 | 45602 | ||||
| 10,001 to 50,000 | 400 | 45603 | ||||
| 50,001 to 100,000 | 500 | 45604 | ||||
| 100,001 to 200,000 | 600 | 45605 | ||||
| 200,001 to 400,000 | 750 | 45606 | ||||
| 400,001 or more | 900 | 45607 |
| (5) Storage tanks | 45608 |
| Gallons (maximum useful capacity) | Permit to install | 45609 | ||||
| 0 to 20,000 | $ 100 | 45610 | ||||
| 20,001 to 40,000 | 150 | 45611 | ||||
| 40,001 to 100,000 | 250 | 45612 | ||||
| 100,001 to 500,000 | 400 | 45613 | ||||
| 500,001 or greater | 750 | 45614 |
| (6) Gasoline/fuel dispensing facilities | 45615 |
| For each gasoline/fuel | 45616 | |||||
| dispensing facility (includes all | Permit to install | 45617 | ||||
| units at the facility) | $ 100 | 45618 | ||||
| (7) Dry cleaning facilities | 45619 |
| For each dry cleaning | 45620 | |||||
| facility (includes all units | Permit to install | 45621 | ||||
| at the facility) | $ 100 | 45622 | ||||
| (8) Registration status | 45623 |
| For each source covered | Permit to install | 45624 | ||||
| by registration status | $ 75 | 45625 | ||||
| (G) An owner or operator who is responsible for an asbestos | 45626 |
| demolition or renovation project pursuant to rules adopted under | 45627 |
| section 3704.03 of the Revised Code shall pay the fees set forth | 45628 |
| in the following schedule: | 45629 |
| Action | Fee | 45630 | ||||
| Each notification | $75 | 45631 | ||||
| Asbestos removal | $3/unit | 45632 | ||||
| Asbestos cleanup | $4/cubic yard | 45633 |
| For purposes of this division, "unit" means any combination of | 45634 |
| linear feet or square feet equal to fifty. | 45635 |
| (H) A person who is issued an extension of time for a permit | 45636 |
| to install an air contaminant source pursuant to rules adopted | 45637 |
| under division (F) of section 3704.03 of the Revised Code shall | 45638 |
| pay a fee equal to one-half the fee originally assessed for the | 45639 |
| permit to install under this section, except that the fee for such | 45640 |
| an extension shall not exceed two hundred dollars. | 45641 |
| (I) A person who is issued a modification to a permit to | 45642 |
| install an air contaminant source pursuant to rules adopted under | 45643 |
| section 3704.03 of the Revised Code shall pay a fee equal to | 45644 |
| one-half of the fee that would be assessed under this section to | 45645 |
| obtain a permit to install the source. The fee assessed by this | 45646 |
| division only applies to modifications that are initiated by the | 45647 |
| owner or operator of the source and shall not exceed two thousand | 45648 |
| dollars. | 45649 |
| (J) Notwithstanding division (B) or (F) of this section, a | 45650 |
| person who applies for or obtains a permit to install pursuant to | 45651 |
| rules adopted under division (F) of section 3704.03 of the Revised | 45652 |
| Code after the date actual construction of the source began shall | 45653 |
| pay a fee for the permit to install that is equal to twice the fee | 45654 |
| that otherwise would be assessed under the applicable division | 45655 |
| unless the applicant received authorization to begin construction | 45656 |
| under division (W) of section 3704.03 of the Revised Code. This | 45657 |
| division only applies to sources for which actual construction of | 45658 |
| the source begins on or after July 1, 1993. The imposition or | 45659 |
| payment of the fee established in this division does not preclude | 45660 |
| the director from taking any administrative or judicial | 45661 |
| enforcement action under this chapter, Chapter 3704., 3714., | 45662 |
| 3734., or 6111. of the Revised Code, or a rule adopted under any | 45663 |
| of them, in connection with a violation of rules adopted under | 45664 |
| division (F) of section 3704.03 of the Revised Code. | 45665 |
| As used in this division, "actual construction of the source" | 45666 |
| means the initiation of physical on-site construction activities | 45667 |
| in connection with improvements to the source that are permanent | 45668 |
| in nature, including, without limitation, the installation of | 45669 |
| building supports and foundations and the laying of underground | 45670 |
| pipework. | 45671 |
| (K) Fifty cents per ton of each fee assessed under division | 45672 |
| (C) of this section on actual emissions from a source and received | 45673 |
| by the environmental protection agency pursuant to that division | 45674 |
| shall be deposited into the state treasury to the credit of the | 45675 |
| small business assistance fund created in section 3706.19 of the | 45676 |
| Revised Code. The remainder of the moneys received by the division | 45677 |
| pursuant to that division and moneys received by the agency | 45678 |
| pursuant to divisions (D), (F), (G), (H), (I), and (J) of this | 45679 |
| section shall be deposited in the state treasury to the credit of | 45680 |
| the clean air fund created in section 3704.035 of the Revised | 45681 |
| Code. | 45682 |
| (L)(1)(a) Except as otherwise provided in division (L)(1)(b) | 45683 |
| or (c) of this section, a person issued a water discharge permit | 45684 |
| or renewal of a water discharge permit pursuant to Chapter 6111. | 45685 |
| of the Revised Code shall pay a fee based on each point source to | 45686 |
| which the issuance is applicable in accordance with the following | 45687 |
| schedule: | 45688 |
| Design flow discharge (gallons per day) | Fee | 45689 | ||||
| 0 to 1000 | $ 0 | 45690 | ||||
| 1,001 to 5000 | 100 | 45691 | ||||
| 5,001 to 50,000 | 200 | 45692 | ||||
| 50,001 to 100,000 | 300 | 45693 | ||||
| 100,001 to 300,000 | 525 | 45694 | ||||
| over 300,000 | 750 | 45695 |
| (b) Notwithstanding the fee schedule specified in division | 45696 |
| (L)(1)(a) of this section, the fee for a water discharge permit | 45697 |
| that is applicable to coal mining operations regulated under | 45698 |
| Chapter 1513. of the Revised Code shall be two hundred fifty | 45699 |
| dollars per mine. | 45700 |
| (c) Notwithstanding the fee schedule specified in division | 45701 |
| (L)(1)(a) of this section, the fee for a water discharge permit | 45702 |
| for a public discharger identified by I in the third character of | 45703 |
| the permittee's NPDES permit number shall not exceed seven hundred | 45704 |
| fifty dollars. | 45705 |
| (2) A person applying for a plan approval for a wastewater | 45706 |
| treatment works pursuant to section 6111.44, 6111.45, or 6111.46 | 45707 |
| of the Revised Code shall pay a fee of one hundred dollars plus | 45708 |
| sixty-five one-hundredths of one per cent of the estimated project | 45709 |
|
cost through June 30,
| 45710 |
| two-tenths of one per cent of the estimated project cost on and | 45711 |
|
after July 1,
| 45712 |
|
exceed
fifteen thousand dollars through June 30,
| 45713 |
|
five
thousand
dollars on and after July 1,
| 45714 |
| shall be paid at the time the application is submitted. | 45715 |
| (3) A person issued a modification of a water discharge | 45716 |
| permit shall pay a fee equal to one-half the fee that otherwise | 45717 |
| would be charged for a water discharge permit, except that the fee | 45718 |
| for the modification shall not exceed four hundred dollars. | 45719 |
| (4) A person who has entered into an agreement with the | 45720 |
| director under section 6111.14 of the Revised Code shall pay an | 45721 |
| administrative service fee for each plan submitted under that | 45722 |
| section for approval that shall not exceed the minimum amount | 45723 |
| necessary to pay administrative costs directly attributable to | 45724 |
| processing plan approvals. The director annually shall calculate | 45725 |
| the fee and shall notify all persons who have entered into | 45726 |
| agreements under that section, or who have applied for agreements, | 45727 |
| of the amount of the fee. | 45728 |
| (5)(a)(i) Not later than January 30,
| 45729 |
|
30,
| 45730 |
| pursuant to Chapter 6111. of the Revised Code with an average | 45731 |
| daily discharge flow of five thousand gallons or more shall pay a | 45732 |
| nonrefundable annual discharge fee. Any person who fails to pay | 45733 |
| the fee at that time shall pay an additional amount that equals | 45734 |
| ten per cent of the required annual discharge fee. | 45735 |
| (ii) The billing year for the annual discharge fee | 45736 |
| established in division (L)(5)(a)(i) of this section shall consist | 45737 |
| of a twelve-month period beginning on the first day of January of | 45738 |
| the year preceding the date when the annual discharge fee is due. | 45739 |
| In the case of an existing source that permanently ceases to | 45740 |
| discharge during a billing year, the director shall reduce the | 45741 |
| annual discharge fee, including the surcharge applicable to | 45742 |
| certain industrial facilities pursuant to division (L)(5)(c) of | 45743 |
| this section, by one-twelfth for each full month during the | 45744 |
| billing year that the source was not discharging, but only if the | 45745 |
| person holding the NPDES discharge permit for the source notifies | 45746 |
| the director in writing, not later than the first day of October | 45747 |
| of the billing year, of the circumstances causing the cessation of | 45748 |
| discharge. | 45749 |
| (iii) The annual discharge fee established in division | 45750 |
| (L)(5)(a)(i) of this section, except for the surcharge applicable | 45751 |
| to certain industrial facilities pursuant to division (L)(5)(c) of | 45752 |
| this section, shall be based upon the average daily discharge flow | 45753 |
| in gallons per day calculated using first day of May through | 45754 |
| thirty-first day of October flow data for the period two years | 45755 |
| prior to the date on which the fee is due. In the case of NPDES | 45756 |
| discharge permits for new sources, the fee shall be calculated | 45757 |
| using the average daily design flow of the facility until actual | 45758 |
| average daily discharge flow values are available for the time | 45759 |
| period specified in division (L)(5)(a)(iii) of this section. The | 45760 |
| annual discharge fee may be prorated for a new source as described | 45761 |
| in division (L)(5)(a)(ii) of this section. | 45762 |
| (b) An NPDES permit holder that is a public discharger shall | 45763 |
| pay the fee specified in the following schedule: | 45764 |
| Average daily | Fee due by | 45765 | ||||
| discharge flow | January 30, | 45766 | ||||
| |
45767 | |||||
| January 30, |
45768 |
| 5,000 to 49,999 | $ 200 | 45769 | ||||
| 50,000 to 100,000 | 500 | 45770 | ||||
| 100,001 to 250,000 | 1,050 | 45771 | ||||
| 250,001 to 1,000,000 | 2,600 | 45772 | ||||
| 1,000,001 to 5,000,000 | 5,200 | 45773 | ||||
| 5,000,001 to 10,000,000 | 10,350 | 45774 | ||||
| 10,000,001 to 20,000,000 | 15,550 | 45775 | ||||
| 20,000,001 to 50,000,000 | 25,900 | 45776 | ||||
| 50,000,001 to 100,000,000 | 41,400 | 45777 | ||||
| 100,000,001 or more | 62,100 | 45778 |
| Public dischargers owning or operating two or more publicly | 45779 |
| owned treatment works serving the same political subdivision, as | 45780 |
| "treatment works" is defined in section 6111.01 of the Revised | 45781 |
| Code, and that serve exclusively political subdivisions having a | 45782 |
| population of fewer than one hundred thousand shall pay an annual | 45783 |
| discharge fee under division (L)(5)(b) of this section that is | 45784 |
| based on the combined average daily discharge flow of the | 45785 |
| treatment works. | 45786 |
| (c) An NPDES permit holder that is an industrial discharger, | 45787 |
| other than a coal mining operator identified by P in the third | 45788 |
| character of the permittee's NPDES permit number, shall pay the | 45789 |
| fee specified in the following schedule: | 45790 |
| Average daily | Fee due by | 45791 | ||||
| discharge flow | January 30, | 45792 | ||||
| |
45793 | |||||
| January 30, |
45794 |
| 5,000 to 49,999 | $ 250 | 45795 | ||||
| 50,000 to 250,000 | 1,200 | 45796 | ||||
| 250,001 to 1,000,000 | 2,950 | 45797 | ||||
| 1,000,001 to 5,000,000 | 5,850 | 45798 | ||||
| 5,000,001 to 10,000,000 | 8,800 | 45799 | ||||
| 10,000,001 to 20,000,000 | 11,700 | 45800 | ||||
| 20,000,001 to 100,000,000 | 14,050 | 45801 | ||||
| 100,000,001 to 250,000,000 | 16,400 | 45802 | ||||
| 250,000,001 or more | 18,700 | 45803 |
| In addition to the fee specified in the above schedule, an | 45804 |
| NPDES permit holder that is an industrial discharger classified as | 45805 |
| a major discharger during all or part of the annual discharge fee | 45806 |
| billing year specified in division (L)(5)(a)(ii) of this section | 45807 |
| shall pay a nonrefundable annual surcharge of seven thousand five | 45808 |
|
hundred
dollars not later than
January 30,
| 45809 |
| later
than
January 30, | 45810 |
| surcharge at that time shall pay an additional amount that equals | 45811 |
| ten per cent of the amount of the surcharge. | 45812 |
| (d) Notwithstanding divisions (L)(5)(b) and (c) of this | 45813 |
| section, a public discharger identified by I in the third | 45814 |
| character of the permittee's NPDES permit number and an industrial | 45815 |
| discharger identified by I, J, L, V, W, X, Y, or Z in the third | 45816 |
| character of the permittee's NPDES permit number shall pay a | 45817 |
| nonrefundable annual discharge fee of one hundred eighty dollars | 45818 |
|
not later than
January 30,
| 45819 |
|
30,
| 45820 |
| shall pay an additional amount that equals ten per cent of the | 45821 |
| required fee. | 45822 |
| (6) Each person obtaining a national pollutant discharge | 45823 |
| elimination system general or individual permit for municipal | 45824 |
| storm water discharge shall pay a nonrefundable storm water | 45825 |
| discharge fee of one hundred dollars per square mile of area | 45826 |
| permitted. The fee shall not exceed ten thousand dollars and shall | 45827 |
| be payable on or before January 30, 2004, and the thirtieth day of | 45828 |
| January of each year thereafter. Any person who fails to pay the | 45829 |
| fee on the date specified in division (L)(6) of this section shall | 45830 |
| pay an additional amount per year equal to ten per cent of the | 45831 |
| annual fee that is unpaid. | 45832 |
| (7) The director shall transmit all moneys collected under | 45833 |
| division (L) of this section to the treasurer of state for deposit | 45834 |
| into the state treasury to the credit of the surface water | 45835 |
| protection fund created in section 6111.038 of the Revised Code. | 45836 |
| (8) As used in division (L) of this section: | 45837 |
| (a) "NPDES" means the federally approved national pollutant | 45838 |
| discharge elimination system program for issuing, modifying, | 45839 |
| revoking, reissuing, terminating, monitoring, and enforcing | 45840 |
| permits and imposing and enforcing pretreatment requirements under | 45841 |
| Chapter 6111. of the Revised Code and rules adopted under it. | 45842 |
| (b) "Public discharger" means any holder of an NPDES permit | 45843 |
| identified by P in the second character of the NPDES permit number | 45844 |
| assigned by the director. | 45845 |
| (c) "Industrial discharger" means any holder of an NPDES | 45846 |
| permit identified by I in the second character of the NPDES permit | 45847 |
| number assigned by the director. | 45848 |
| (d) "Major discharger" means any holder of an NPDES permit | 45849 |
| classified as major by the regional administrator of the United | 45850 |
| States environmental protection agency in conjunction with the | 45851 |
| director. | 45852 |
| (M) Through June 30,
| 45853 |
| license or license renewal to operate a public water system under | 45854 |
| section 6109.21 of the Revised Code shall pay the appropriate fee | 45855 |
| established under this division at the time of application to the | 45856 |
| director. Any person who fails to pay the fee at that time shall | 45857 |
| pay an additional amount that equals ten per cent of the required | 45858 |
| fee. The director shall transmit all moneys collected under this | 45859 |
| division to the treasurer of state for deposit into the drinking | 45860 |
| water protection fund created in section 6109.30 of the Revised | 45861 |
| Code. | 45862 |
| Except as provided in division (M)(4) of this section, fees | 45863 |
| required under this division shall be calculated and paid in | 45864 |
| accordance with the following schedule: | 45865 |
| (1) For the initial license required under division (A)(1) of | 45866 |
| section 6109.21 of the Revised Code for any public water system | 45867 |
| that is a community water system as defined in section 6109.01 of | 45868 |
| the Revised Code, and for each license renewal required for such a | 45869 |
|
system prior to January 31,
| 45870 |
| Number of service connections | Fee amount | 45871 | |||
| Not more than 49 | $ 112 | 45872 | |||
| 50 to 99 | 176 | 45873 |
| Number of service connections | Average cost per connection | 45874 | ||||
| 100 to 2,499 | $ 1.92 | 45875 | ||||
| 2,500 to 4,999 | 1.48 | 45876 | ||||
| 5,000 to 7,499 | 1.42 | 45877 | ||||
| 7,500 to 9,999 | 1.34 | 45878 | ||||
| 10,000 to 14,999 | 1.16 | 45879 | ||||
| 15,000 to 24,999 | 1.10 | 45880 | ||||
| 25,000 to 49,999 | 1.04 | 45881 | ||||
| 50,000 to 99,999 | .92 | 45882 | ||||
| 100,000 to 149,999 | .86 | 45883 | ||||
| 150,000 to 199,999 | .80 | 45884 | ||||
| 200,000 or more | .76 | 45885 |
| A public water system may determine how it will pay the total | 45886 |
| amount of the fee calculated under division (M)(1) of this | 45887 |
| section, including the assessment of additional user fees that may | 45888 |
| be assessed on a volumetric basis. | 45889 |
| As used in division (M)(1) of this section, "service | 45890 |
| connection" means the number of active or inactive pipes, | 45891 |
| goosenecks, pigtails, and any other fittings connecting a water | 45892 |
| main to any building outlet. | 45893 |
| (2) For the initial license required under division (A)(2) of | 45894 |
| section 6109.21 of the Revised Code for any public water system | 45895 |
| that is not a community water system and serves a nontransient | 45896 |
| population, and for each license renewal required for such a | 45897 |
|
system prior to January 31,
| 45898 |
| Population served | Fee amount | 45899 | ||||
| Fewer than 150 | $ 112 | 45900 | ||||
| 150 to 299 | 176 | 45901 | ||||
| 300 to 749 | 384 | 45902 | ||||
| 750 to 1,499 | 628 | 45903 | ||||
| 1,500 to 2,999 | 1,268 | 45904 | ||||
| 3,000 to 7,499 | 2,816 | 45905 | ||||
| 7,500 to 14,999 | 5,510 | 45906 | ||||
| 15,000 to 22,499 | 9,048 | 45907 | ||||
| 22,500 to 29,999 | 12,430 | 45908 | ||||
| 30,000 or more | 16,820 | 45909 |
| As used in division (M)(2) of this section, "population | 45910 |
| served" means the total number of individuals receiving water from | 45911 |
| the water supply during a twenty-four-hour period for at least | 45912 |
| sixty days during any calendar year. In the absence of a specific | 45913 |
| population count, that number shall be calculated at the rate of | 45914 |
| three individuals per service connection. | 45915 |
| (3) For the initial license required under division (A)(3) of | 45916 |
| section 6109.21 of the Revised Code for any public water system | 45917 |
| that is not a community water system and serves a transient | 45918 |
| population, and for each license renewal required for such a | 45919 |
|
system prior to January 31,
| 45920 |
| Number of wells supplying system | Fee amount | 45921 | ||||
| 1 | $112 | 45922 | ||||
| 2 | 112 | 45923 | ||||
| 3 | 176 | 45924 | ||||
| 4 | 278 | 45925 | ||||
| 5 | 568 | 45926 | ||||
| System designated as using a | 45927 | |||||
| surface water source | 792 | 45928 |
| As used in division (M)(3) of this section, "number of wells | 45929 |
| supplying system" means those wells that are physically connected | 45930 |
| to the plumbing system serving the public water system. | 45931 |
| (4) A public water system designated as using a surface water | 45932 |
| source shall pay a fee of seven hundred ninety-two dollars or the | 45933 |
| amount calculated under division (M)(1) or (2) of this section, | 45934 |
| whichever is greater. | 45935 |
| (N)(1) A person applying for a plan approval for a public | 45936 |
| water supply system under section 6109.07 of the Revised Code | 45937 |
| shall pay a fee of one hundred fifty dollars plus thirty-five | 45938 |
| hundredths of one per cent of the estimated project cost, except | 45939 |
| that the total fee shall not exceed twenty thousand dollars | 45940 |
| through June 30,
| 45941 |
| after July 1,
| 45942 |
| application is submitted. | 45943 |
| (2) A person who has entered into an agreement with the | 45944 |
| director under division (A)(2) of section 6109.07 of the Revised | 45945 |
| Code shall pay an administrative service fee for each plan | 45946 |
| submitted under that section for approval that shall not exceed | 45947 |
| the minimum amount necessary to pay administrative costs directly | 45948 |
| attributable to processing plan approvals. The director annually | 45949 |
| shall calculate the fee and shall notify all persons that have | 45950 |
| entered into agreements under that division, or who have applied | 45951 |
| for agreements, of the amount of the fee. | 45952 |
| (3) Through June 30,
| 45953 |
| survey basis, shall be charged any person for services rendered by | 45954 |
| the state in the evaluation of laboratories and laboratory | 45955 |
| personnel for compliance with accepted analytical techniques and | 45956 |
| procedures established pursuant to Chapter 6109. of the Revised | 45957 |
| Code for determining the qualitative characteristics of water: | 45958 |
| microbiological | 45959 | ||||||
| MMO-MUG | $2,000 | 45960 | |||||
| MF | 2,100 | 45961 | |||||
| MMO-MUG and MF | 2,550 | 45962 | |||||
| organic chemical | 5,400 | 45963 | |||||
| trace metals | 5,400 | 45964 | |||||
| standard chemistry | 2,800 | 45965 | |||||
| limited chemistry | 1,550 | 45966 | |||||
| On and after July 1,
| 45967 |
| survey basis, shall be charged any such person: | 45968 |
| microbiological | $ 1,650 | 45969 | ||||
| organic chemicals | 3,500 | 45970 | ||||
| trace metals | 3,500 | 45971 | ||||
| standard chemistry | 1,800 | 45972 | ||||
| limited chemistry | 1,000 | 45973 |
| The fee for those services shall be paid at the time the request | 45974 |
|
for the survey is made. Through June 30,
| 45975 |
| laboratory shall not be assessed a fee under this division more | 45976 |
| than once in any three-year period unless the person requests the | 45977 |
| addition of analytical methods or analysts, in which case the | 45978 |
| person shall pay eighteen hundred dollars for each additional | 45979 |
| survey requested. | 45980 |
| As used in division (N)(3) of this section: | 45981 |
| (a) "MF" means microfiltration. | 45982 |
| (b) "MMO" means minimal medium ONPG. | 45983 |
| (c) "MUG" means 4-methylumbelliferyl-beta-D-glucuronide. | 45984 |
| (d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside. | 45985 |
| The director shall transmit all moneys collected under this | 45986 |
| division to the treasurer of state for deposit into the drinking | 45987 |
| water protection fund created in section 6109.30 of the Revised | 45988 |
| Code. | 45989 |
| (O) Any | 45990 |
| 45991 | |
| 45992 | |
| 45993 | |
| 45994 | |
| 45995 | |
| 45996 | |
| 45997 |
| 45998 | ||||||
| 45999 | ||||||
| 46000 | ||||||
| 46001 |
| | 46002 |
| director for examination for certification as an operator of a | 46003 |
| water supply system or wastewater system under Chapter 6109. or | 46004 |
| 6111. of the Revised Code, at the time the application is | 46005 |
| submitted, shall pay an application fee of forty-five dollars | 46006 |
| through November 30, | 46007 |
| after December 1, | 46008 |
| the applicant is eligible to take the examination therefor, the | 46009 |
| applicant shall pay a fee in accordance with the following | 46010 |
| schedule through November 30, | 46011 |
| Class A operator | $35 | 46012 | ||||
| Class I operator | 60 | 46013 | ||||
| Class II operator | 75 | 46014 | ||||
| Class III operator | 85 | 46015 | ||||
| Class IV operator | 100 | 46016 |
| On and after December 1,
| 46017 |
| fee in accordance with the following schedule: | 46018 |
| Class A operator | $25 | 46019 | ||||
| Class I operator | $45 | 46020 | ||||
| Class II operator | 55 | 46021 | ||||
| Class III operator | 65 | 46022 | ||||
| Class IV operator | 75 | 46023 |
| A person shall pay a biennial certification renewal fee for | 46024 |
| each applicable class of certification in accordance with the | 46025 |
| following schedule: | 46026 |
| Class A operator | $25 | 46027 | ||||
| Class I operator | 35 | 46028 | ||||
| Class II operator | 45 | 46029 | ||||
| Class III operator | 55 | 46030 | ||||
| Class IV operator | 65 | 46031 |
| If a certification renewal fee is received by the director | 46032 |
| more than thirty days, but not more than one year after the | 46033 |
| expiration date of the certification, the person shall pay a | 46034 |
| certification renewal fee in accordance with the following | 46035 |
| schedule: | 46036 |
| Class A operator | $45 | 46037 | ||||
| Class I operator | 55 | 46038 | ||||
| Class II operator | 65 | 46039 | ||||
| Class III operator | 75 | 46040 | ||||
| Class IV operator | 85 | 46041 |
| A person who requests a replacement certificate shall pay a | 46042 |
| fee of twenty-five dollars at the time the request is made. | 46043 |
| The director shall transmit all moneys collected under this | 46044 |
| division to the treasurer of state for deposit into the drinking | 46045 |
| water protection fund created in section 6109.30 of the Revised | 46046 |
| Code. | 46047 |
| (P) Any person submitting an application for an industrial | 46048 |
| water pollution control certificate under section 6111.31 of the | 46049 |
| Revised Code, as that section existed before its repeal by H.B. 95 | 46050 |
| of the 125th general assembly, shall pay a nonrefundable fee of | 46051 |
| five hundred dollars at the time the application is submitted. The | 46052 |
| director shall transmit all moneys collected under this division | 46053 |
| to the treasurer of state for deposit into the surface water | 46054 |
| protection fund created in section 6111.038 of the Revised Code. A | 46055 |
| person paying a certificate fee under this division shall not pay | 46056 |
| an application fee under division (S)(1) of this section. On and | 46057 |
| after | 46058 |
| shall file such applications and pay the fee as required under | 46059 |
| sections 5709.20 to 5709.27 of the Revised Code, and proceeds from | 46060 |
| the fee shall be credited as provided in section 5709.212 of the | 46061 |
| Revised Code. | 46062 |
| (Q) Except as otherwise provided in division (R) of this | 46063 |
| section, a person issued a permit by the director for a new solid | 46064 |
| waste disposal facility other than an incineration or composting | 46065 |
| facility, a new infectious waste treatment facility other than an | 46066 |
| incineration facility, or a modification of such an existing | 46067 |
| facility that includes an increase in the total disposal or | 46068 |
| treatment capacity of the facility pursuant to Chapter 3734. of | 46069 |
| the Revised Code shall pay a fee of ten dollars per thousand cubic | 46070 |
| yards of disposal or treatment capacity, or one thousand dollars, | 46071 |
| whichever is greater, except that the total fee for any such | 46072 |
| permit shall not exceed eighty thousand dollars. A person issued a | 46073 |
| modification of a permit for a solid waste disposal facility or an | 46074 |
| infectious waste treatment facility that does not involve an | 46075 |
| increase in the total disposal or treatment capacity of the | 46076 |
| facility shall pay a fee of one thousand dollars. A person issued | 46077 |
| a permit to install a new, or modify an existing, solid waste | 46078 |
| transfer facility under that chapter shall pay a fee of two | 46079 |
| thousand five hundred dollars. A person issued a permit to install | 46080 |
| a new or to modify an existing solid waste incineration or | 46081 |
| composting facility, or an existing infectious waste treatment | 46082 |
| facility using incineration as its principal method of treatment, | 46083 |
| under that chapter shall pay a fee of one thousand dollars. The | 46084 |
| increases in the permit fees under this division resulting from | 46085 |
| the amendments made by Amended Substitute House Bill 592 of the | 46086 |
| 117th general assembly do not apply to any person who submitted an | 46087 |
| application for a permit to install a new, or modify an existing, | 46088 |
| solid waste disposal facility under that chapter prior to | 46089 |
| September 1, 1987; any such person shall pay the permit fee | 46090 |
| established in this division as it existed prior to June 24, 1988. | 46091 |
| In addition to the applicable permit fee under this division, a | 46092 |
| person issued a permit to install or modify a solid waste facility | 46093 |
| or an infectious waste treatment facility under that chapter who | 46094 |
| fails to pay the permit fee to the director in compliance with | 46095 |
| division (V) of this section shall pay an additional ten per cent | 46096 |
| of the amount of the fee for each week that the permit fee is | 46097 |
| late. | 46098 |
| Permit and late payment fees paid to the director under this | 46099 |
| division shall be credited to the general revenue fund. | 46100 |
| (R)(1) A person issued a registration certificate for a scrap | 46101 |
| tire collection facility under section 3734.75 of the Revised Code | 46102 |
| shall pay a fee of two hundred dollars, except that if the | 46103 |
| facility is owned or operated by a motor vehicle salvage dealer | 46104 |
| licensed under Chapter 4738. of the Revised Code, the person shall | 46105 |
| pay a fee of twenty-five dollars. | 46106 |
| (2) A person issued a registration certificate for a new | 46107 |
| scrap tire storage facility under section 3734.76 of the Revised | 46108 |
| Code shall pay a fee of three hundred dollars, except that if the | 46109 |
| facility is owned or operated by a motor vehicle salvage dealer | 46110 |
| licensed under Chapter 4738. of the Revised Code, the person shall | 46111 |
| pay a fee of twenty-five dollars. | 46112 |
| (3) A person issued a permit for a scrap tire storage | 46113 |
| facility under section 3734.76 of the Revised Code shall pay a fee | 46114 |
| of one thousand dollars, except that if the facility is owned or | 46115 |
| operated by a motor vehicle salvage dealer licensed under Chapter | 46116 |
| 4738. of the Revised Code, the person shall pay a fee of fifty | 46117 |
| dollars. | 46118 |
| (4) A person issued a permit for a scrap tire monocell or | 46119 |
| monofill facility under section 3734.77 of the Revised Code shall | 46120 |
| pay a fee of ten dollars per thousand cubic yards of disposal | 46121 |
| capacity or one thousand dollars, whichever is greater, except | 46122 |
| that the total fee for any such permit shall not exceed eighty | 46123 |
| thousand dollars. | 46124 |
| (5) A person issued a registration certificate for a scrap | 46125 |
| tire recovery facility under section 3734.78 of the Revised Code | 46126 |
| shall pay a fee of one hundred dollars. | 46127 |
| (6) A person issued a permit for a scrap tire recovery | 46128 |
| facility under section 3734.78 of the Revised Code shall pay a fee | 46129 |
| of one thousand dollars. | 46130 |
| (7) In addition to the applicable registration certificate or | 46131 |
| permit fee under divisions (R)(1) to (6) of this section, a person | 46132 |
| issued a registration certificate or permit for any such scrap | 46133 |
| tire facility who fails to pay the registration certificate or | 46134 |
| permit fee to the director in compliance with division (V) of this | 46135 |
| section shall pay an additional ten per cent of the amount of the | 46136 |
| fee for each week that the fee is late. | 46137 |
| (8) The registration certificate, permit, and late payment | 46138 |
| fees paid to the director under divisions (R)(1) to (7) of this | 46139 |
| section shall be credited to the scrap tire management fund | 46140 |
| created in section 3734.82 of the Revised Code. | 46141 |
| (S)(1) Except as provided by divisions (L), (M), (N), (O), | 46142 |
| (P), and (S)(2) of this section, division (A)(2) of section | 46143 |
| 3734.05 of the Revised Code, section 3734.79 of the Revised Code, | 46144 |
| and rules adopted under division (T)(1) of this section, any | 46145 |
| person applying for a registration certificate under section | 46146 |
| 3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, | 46147 |
| variance, or plan approval under Chapter 3734. of the Revised Code | 46148 |
| shall pay a nonrefundable fee of fifteen dollars at the time the | 46149 |
| application is submitted. | 46150 |
| Except as otherwise provided, any person applying for a | 46151 |
| permit, variance, or plan approval under Chapter 6109. or 6111. of | 46152 |
| the Revised Code shall pay a nonrefundable fee of one hundred | 46153 |
| dollars at the time the application is submitted through June 30, | 46154 |
| 46155 | |
|
the
application is submitted on and after July 1,
| 46156 |
|
Through June
30,
| 46157 |
| pollutant discharge elimination system permit under Chapter 6111. | 46158 |
| of the Revised Code shall pay a nonrefundable fee of two hundred | 46159 |
| dollars at the time of application for the permit. On and after | 46160 |
|
July 1,
| 46161 |
| fifteen dollars at the time of application. | 46162 |
| In addition to the application fee established under division | 46163 |
| (S)(1) of this section, any person applying for a national | 46164 |
| pollutant discharge elimination system general storm water | 46165 |
| construction permit shall pay a nonrefundable fee of twenty | 46166 |
| dollars per acre for each acre that is permitted above five acres | 46167 |
| at the time the application is submitted. However, the per acreage | 46168 |
| fee shall not exceed three hundred dollars. In addition, any | 46169 |
| person applying for a national pollutant discharge elimination | 46170 |
| system general storm water industrial permit shall pay a | 46171 |
| nonrefundable fee of one hundred fifty dollars at the time the | 46172 |
| application is submitted. | 46173 |
| The director shall transmit all moneys collected under | 46174 |
| division (S)(1) of this section pursuant to Chapter 6109. of the | 46175 |
| Revised Code to the treasurer of state for deposit into the | 46176 |
| drinking water protection fund created in section 6109.30 of the | 46177 |
| Revised Code. | 46178 |
| The director shall transmit all moneys collected under | 46179 |
| division (S)(1) of this section pursuant to Chapter 6111. of the | 46180 |
| Revised Code to the treasurer of state for deposit into the | 46181 |
| surface water protection fund created in section 6111.038 of the | 46182 |
| Revised Code. | 46183 |
| If a registration certificate is issued under section | 46184 |
| 3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of | 46185 |
| the application fee paid shall be deducted from the amount of the | 46186 |
| registration certificate fee due under division (R)(1), (2), or | 46187 |
| (5) of this section, as applicable. | 46188 |
| If a person submits an electronic application for a | 46189 |
| registration certificate, permit, variance, or plan approval for | 46190 |
| which an application fee is established under division (S)(1) of | 46191 |
| this section, the person shall pay the applicable application fee | 46192 |
| as expeditiously as possible after the submission of the | 46193 |
| electronic application. An application for a registration | 46194 |
| certificate, permit, variance, or plan approval for which an | 46195 |
| application fee is established under division (S)(1) of this | 46196 |
| section shall not be reviewed or processed until the applicable | 46197 |
| application fee, and any other fees established under this | 46198 |
| division, are paid. | 46199 |
| (2) Division (S)(1) of this section does not apply to an | 46200 |
| application for a registration certificate for a scrap tire | 46201 |
| collection or storage facility submitted under section 3734.75 or | 46202 |
| 3734.76 of the Revised Code, as applicable, if the owner or | 46203 |
| operator of the facility or proposed facility is a motor vehicle | 46204 |
| salvage dealer licensed under Chapter 4738. of the Revised Code. | 46205 |
| (T) The director may adopt, amend, and rescind rules in | 46206 |
| accordance with Chapter 119. of the Revised Code that do all of | 46207 |
| the following: | 46208 |
| (1) Prescribe fees to be paid by applicants for and holders | 46209 |
| of any license, permit, variance, plan approval, or certification | 46210 |
| required or authorized by Chapter 3704., 3734., 6109., or 6111. of | 46211 |
| the Revised Code that are not specifically established in this | 46212 |
| section. The fees shall be designed to defray the cost of | 46213 |
| processing, issuing, revoking, modifying, denying, and enforcing | 46214 |
| the licenses, permits, variances, plan approvals, and | 46215 |
| certifications. | 46216 |
| The director shall transmit all moneys collected under rules | 46217 |
| adopted under division (T)(1) of this section pursuant to Chapter | 46218 |
| 6109. of the Revised Code to the treasurer of state for deposit | 46219 |
| into the drinking water protection fund created in section 6109.30 | 46220 |
| of the Revised Code. | 46221 |
| The director shall transmit all moneys collected under rules | 46222 |
| adopted under division (T)(1) of this section pursuant to Chapter | 46223 |
| 6111. of the Revised Code to the treasurer of state for deposit | 46224 |
| into the surface water protection fund created in section 6111.038 | 46225 |
| of the Revised Code. | 46226 |
| (2) Exempt the state and political subdivisions thereof, | 46227 |
| including education facilities or medical facilities owned by the | 46228 |
| state or a political subdivision, or any person exempted from | 46229 |
| taxation by section 5709.07 or 5709.12 of the Revised Code, from | 46230 |
| any fee required by this section; | 46231 |
| (3) Provide for the waiver of any fee, or any part thereof, | 46232 |
| otherwise required by this section whenever the director | 46233 |
| determines that the imposition of the fee would constitute an | 46234 |
| unreasonable cost of doing business for any applicant, class of | 46235 |
| applicants, or other person subject to the fee; | 46236 |
| (4) Prescribe measures that the director considers necessary | 46237 |
| to carry out this section. | 46238 |
| (U) When the director reasonably demonstrates that the direct | 46239 |
| cost to the state associated with the issuance of a permit to | 46240 |
| install, license, variance, plan approval, or certification | 46241 |
| exceeds the fee for the issuance or review specified by this | 46242 |
| section, the director may condition the issuance or review on the | 46243 |
| payment by the person receiving the issuance or review of, in | 46244 |
| addition to the fee specified by this section, the amount, or any | 46245 |
| portion thereof, in excess of the fee specified under this | 46246 |
| section. The director shall not so condition issuances for which | 46247 |
| fees are prescribed in divisions (B)(7) and (L)(1)(b) of this | 46248 |
| section. | 46249 |
| (V) Except as provided in divisions (L), (M), and (P) of this | 46250 |
| section or unless otherwise prescribed by a rule of the director | 46251 |
| adopted pursuant to Chapter 119. of the Revised Code, all fees | 46252 |
| required by this section are payable within thirty days after the | 46253 |
| issuance of an invoice for the fee by the director or the | 46254 |
| effective date of the issuance of the license, permit, variance, | 46255 |
| plan approval, or certification. If payment is late, the person | 46256 |
| responsible for payment of the fee shall pay an additional ten per | 46257 |
| cent of the amount due for each month that it is late. | 46258 |
| (W) As used in this section, "fuel-burning equipment," | 46259 |
| "fuel-burning equipment input capacity," "incinerator," | 46260 |
| "incinerator input capacity," "process," "process weight rate," | 46261 |
| "storage tank," "gasoline dispensing facility," "dry cleaning | 46262 |
| facility," "design flow discharge," and "new source treatment | 46263 |
| works" have the meanings ascribed to those terms by applicable | 46264 |
| rules or standards adopted by the director under Chapter 3704. or | 46265 |
| 6111. of the Revised Code. | 46266 |
| (X) As used in divisions (B), (C), (D), (E), (F), (H), (I), | 46267 |
| and (J) of this section, and in any other provision of this | 46268 |
| section pertaining to fees paid pursuant to Chapter 3704. of the | 46269 |
| Revised Code: | 46270 |
| (1) "Facility," "federal Clean Air Act," "person," and "Title | 46271 |
| V permit" have the same meanings as in section 3704.01 of the | 46272 |
| Revised Code. | 46273 |
| (2) "Title V permit program" means the following activities | 46274 |
| as necessary to meet the requirements of Title V of the federal | 46275 |
| Clean Air Act and 40 C.F.R. part 70, including at least: | 46276 |
| (a) Preparing and adopting, if applicable, generally | 46277 |
| applicable rules or guidance regarding the permit program or its | 46278 |
| implementation or enforcement; | 46279 |
| (b) Reviewing and acting on any application for a Title V | 46280 |
| permit, permit revision, or permit renewal, including the | 46281 |
| development of an applicable requirement as part of the processing | 46282 |
| of a permit, permit revision, or permit renewal; | 46283 |
| (c) Administering the permit program, including the | 46284 |
| supporting and tracking of permit applications, compliance | 46285 |
| certification, and related data entry; | 46286 |
| (d) Determining which sources are subject to the program and | 46287 |
| implementing and enforcing the terms of any Title V permit, not | 46288 |
| including any court actions or other formal enforcement actions; | 46289 |
| (e) Emission and ambient monitoring; | 46290 |
| (f) Modeling, analyses, or demonstrations; | 46291 |
| (g) Preparing inventories and tracking emissions; | 46292 |
| (h) Providing direct and indirect support to small business | 46293 |
| stationary sources to determine and meet their obligations under | 46294 |
| the federal Clean Air Act pursuant to the small business | 46295 |
| stationary source technical and environmental compliance | 46296 |
| assistance program required by section 507 of that act and | 46297 |
| established in sections 3704.18, 3704.19, and 3706.19 of the | 46298 |
| Revised Code. | 46299 |
| (Y)(1) Except as provided in divisions (Y)(2), (3), and (4) | 46300 |
| of this section, each sewage sludge facility shall pay a | 46301 |
| nonrefundable annual sludge fee equal to three dollars and fifty | 46302 |
| cents per dry ton of sewage sludge, including the dry tons of | 46303 |
| sewage sludge in materials derived from sewage sludge, that the | 46304 |
| sewage sludge facility treats or disposes of in this state. The | 46305 |
| annual volume of sewage sludge treated or disposed of by a sewage | 46306 |
| sludge facility shall be calculated using the first day of January | 46307 |
| through the thirty-first day of December of the calendar year | 46308 |
| preceding the date on which payment of the fee is due. | 46309 |
| (2)(a) Except as provided in division (Y)(2)(d) of this | 46310 |
| section, each sewage sludge facility shall pay a minimum annual | 46311 |
| sewage sludge fee of one hundred dollars. | 46312 |
| (b) The annual sludge fee required to be paid by a sewage | 46313 |
| sludge facility that treats or disposes of exceptional quality | 46314 |
| sludge in this state shall be thirty-five per cent less per dry | 46315 |
| ton of exceptional quality sludge than the fee assessed under | 46316 |
| division (Y)(1) of this section, subject to the following | 46317 |
| exceptions: | 46318 |
| (i) Except as provided in division (Y)(2)(d) of this section, | 46319 |
| a sewage sludge facility that treats or disposes of exceptional | 46320 |
| quality sludge shall pay a minimum annual sewage sludge fee of one | 46321 |
| hundred dollars. | 46322 |
| (ii) A sewage sludge facility that treats or disposes of | 46323 |
| exceptional quality sludge shall not be required to pay the annual | 46324 |
| sludge fee for treatment or disposal in this state of exceptional | 46325 |
| quality sludge generated outside of this state and contained in | 46326 |
| bags or other containers not greater than one hundred pounds in | 46327 |
| capacity. | 46328 |
| A thirty-five per cent reduction for exceptional quality | 46329 |
| sludge applies to the maximum annual fees established under | 46330 |
| division (Y)(3) of this section. | 46331 |
| (c) A sewage sludge facility that transfers sewage sludge to | 46332 |
| another sewage sludge facility in this state for further treatment | 46333 |
| prior to disposal in this state shall not be required to pay the | 46334 |
| annual sludge fee for the tons of sewage sludge that have been | 46335 |
| transferred. In such a case, the sewage sludge facility that | 46336 |
| disposes of the sewage sludge shall pay the annual sludge fee. | 46337 |
| However, the facility transferring the sewage sludge shall pay the | 46338 |
| one-hundred-dollar minimum fee required under division (Y)(2)(a) | 46339 |
| of this section. | 46340 |
| In the case of a sewage sludge facility that treats sewage | 46341 |
| sludge in this state and transfers it out of this state to another | 46342 |
| entity for disposal, the sewage sludge facility in this state | 46343 |
| shall be required to pay the annual sludge fee for the tons of | 46344 |
| sewage sludge that have been transferred. | 46345 |
| (d) A sewage sludge facility that generates sewage sludge | 46346 |
| resulting from an average daily discharge flow of less than five | 46347 |
| thousand gallons per day is not subject to the fees assessed under | 46348 |
| division (Y) of this section. | 46349 |
| (3) No sewage sludge facility required to pay the annual | 46350 |
| sludge fee shall be required to pay more than the maximum annual | 46351 |
| fee for each disposal method that the sewage sludge facility uses. | 46352 |
| The maximum annual fee does not include the additional amount that | 46353 |
| may be charged under division (Y)(5) of this section for late | 46354 |
| payment of the annual sludge fee. The maximum annual fee for the | 46355 |
| following methods of disposal of sewage sludge is as follows: | 46356 |
| (a) Incineration: five thousand dollars; | 46357 |
| (b) Preexisting land reclamation project or disposal in a | 46358 |
| landfill: five thousand dollars; | 46359 |
| (c) Land application, land reclamation, surface disposal, or | 46360 |
| any other disposal method not specified in division (Y)(3)(a) or | 46361 |
| (b) of this section: twenty thousand dollars. | 46362 |
| (4)(a) In the case of an entity that generates sewage sludge | 46363 |
| or a sewage sludge facility that treats sewage sludge and | 46364 |
| transfers the sewage sludge to an incineration facility for | 46365 |
| disposal, the incineration facility, and not the entity generating | 46366 |
| the sewage sludge or the sewage sludge facility treating the | 46367 |
| sewage sludge, shall pay the annual sludge fee for the tons of | 46368 |
| sewage sludge that are transferred. However, the entity or | 46369 |
| facility generating or treating the sewage sludge shall pay the | 46370 |
| one-hundred-dollar minimum fee required under division (Y)(2)(a) | 46371 |
| of this section. | 46372 |
| (b) In the case of an entity that generates sewage sludge and | 46373 |
| transfers the sewage sludge to a landfill for disposal or to a | 46374 |
| sewage sludge facility for land reclamation or surface disposal, | 46375 |
| the entity generating the sewage sludge, and not the landfill or | 46376 |
| sewage sludge facility, shall pay the annual sludge fee for the | 46377 |
| tons of sewage sludge that are transferred. | 46378 |
| (5) Not later than the first day of April of the calendar | 46379 |
| year following March 17, 2000, and each first day of April | 46380 |
| thereafter, the director shall issue invoices to persons who are | 46381 |
| required to pay the annual sludge fee. The invoice shall identify | 46382 |
| the nature and amount of the annual sludge fee assessed and state | 46383 |
| the first day of May as the deadline for receipt by the director | 46384 |
| of objections regarding the amount of the fee and the first day of | 46385 |
| July as the deadline for payment of the fee. | 46386 |
| Not later than the first day of May following receipt of an | 46387 |
| invoice, a person required to pay the annual sludge fee may submit | 46388 |
| objections to the director concerning the accuracy of information | 46389 |
| regarding the number of dry tons of sewage sludge used to | 46390 |
| calculate the amount of the annual sludge fee or regarding whether | 46391 |
| the sewage sludge qualifies for the exceptional quality sludge | 46392 |
| discount established in division (Y)(2)(b) of this section. The | 46393 |
| director may consider the objections and adjust the amount of the | 46394 |
| fee to ensure that it is accurate. | 46395 |
| If the director does not adjust the amount of the annual | 46396 |
| sludge fee in response to a person's objections, the person may | 46397 |
| appeal the director's determination in accordance with Chapter | 46398 |
| 119. of the Revised Code. | 46399 |
| Not later than the first day of June, the director shall | 46400 |
| notify the objecting person regarding whether the director has | 46401 |
| found the objections to be valid and the reasons for the finding. | 46402 |
| If the director finds the objections to be valid and adjusts the | 46403 |
| amount of the annual sludge fee accordingly, the director shall | 46404 |
| issue with the notification a new invoice to the person | 46405 |
| identifying the amount of the annual sludge fee assessed and | 46406 |
| stating the first day of July as the deadline for payment. | 46407 |
| Not later than the first day of July, any person who is | 46408 |
| required to do so shall pay the annual sludge fee. Any person who | 46409 |
| is required to pay the fee, but who fails to do so on or before | 46410 |
| that date shall pay an additional amount that equals ten per cent | 46411 |
| of the required annual sludge fee. | 46412 |
| (6) The director shall transmit all moneys collected under | 46413 |
| division (Y) of this section to the treasurer of state for deposit | 46414 |
| into the surface water protection fund created in section 6111.038 | 46415 |
| of the Revised Code. The moneys shall be used to defray the costs | 46416 |
| of administering and enforcing provisions in Chapter 6111. of the | 46417 |
| Revised Code and rules adopted under it that govern the use, | 46418 |
| storage, treatment, or disposal of sewage sludge. | 46419 |
| (7) Beginning in fiscal year 2001, and every two years | 46420 |
| thereafter, the director shall review the total amount of moneys | 46421 |
| generated by the annual sludge fees to determine if that amount | 46422 |
| exceeded six hundred thousand dollars in either of the two | 46423 |
| preceding fiscal years. If the total amount of moneys in the fund | 46424 |
| exceeded six hundred thousand dollars in either fiscal year, the | 46425 |
| director, after review of the fee structure and consultation with | 46426 |
| affected persons, shall issue an order reducing the amount of the | 46427 |
| fees levied under division (Y) of this section so that the | 46428 |
| estimated amount of moneys resulting from the fees will not exceed | 46429 |
| six hundred thousand dollars in any fiscal year. | 46430 |
| If, upon review of the fees under division (Y)(7) of this | 46431 |
| section and after the fees have been reduced, the director | 46432 |
| determines that the total amount of moneys collected and | 46433 |
| accumulated is less than six hundred thousand dollars, the | 46434 |
| director, after review of the fee structure and consultation with | 46435 |
| affected persons, may issue an order increasing the amount of the | 46436 |
| fees levied under division (Y) of this section so that the | 46437 |
| estimated amount of moneys resulting from the fees will be | 46438 |
| approximately six hundred thousand dollars. Fees shall never be | 46439 |
| increased to an amount exceeding the amount specified in division | 46440 |
| (Y)(7) of this section. | 46441 |
| Notwithstanding section 119.06 of the Revised Code, the | 46442 |
| director may issue an order under division (Y)(7) of this section | 46443 |
| without the necessity to hold an adjudicatory hearing in | 46444 |
| connection with the order. The issuance of an order under this | 46445 |
| division is not an act or action for purposes of section 3745.04 | 46446 |
| of the Revised Code. | 46447 |
| (8) As used in division (Y) of this section: | 46448 |
| (a) "Sewage sludge facility" means an entity that performs | 46449 |
| treatment on or is responsible for the disposal of sewage sludge. | 46450 |
| (b) "Sewage sludge" means a solid, semi-solid, or liquid | 46451 |
| residue generated during the treatment of domestic sewage in a | 46452 |
| treatment works as defined in section 6111.01 of the Revised Code. | 46453 |
| "Sewage sludge" includes, but is not limited to, scum or solids | 46454 |
| removed in primary, secondary, or advanced wastewater treatment | 46455 |
| processes. "Sewage sludge" does not include ash generated during | 46456 |
| the firing of sewage sludge in a sewage sludge incinerator, grit | 46457 |
| and screenings generated during preliminary treatment of domestic | 46458 |
| sewage in a treatment works, animal manure, residue generated | 46459 |
| during treatment of animal manure, or domestic septage. | 46460 |
| (c) "Exceptional quality sludge" means sewage sludge that | 46461 |
| meets all of the following qualifications: | 46462 |
| (i) Satisfies the class A pathogen standards in 40 C.F.R. | 46463 |
| 503.32(a); | 46464 |
| (ii) Satisfies one of the vector attraction reduction | 46465 |
| requirements in 40 C.F.R. 503.33(b)(1) to (b)(8); | 46466 |
| (iii) Does not exceed the ceiling concentration limitations | 46467 |
| for metals listed in table one of 40 C.F.R. 503.13; | 46468 |
| (iv) Does not exceed the concentration limitations for metals | 46469 |
| listed in table three of 40 C.F.R. 503.13. | 46470 |
| (d) "Treatment" means the preparation of sewage sludge for | 46471 |
| final use or disposal and includes, but is not limited to, | 46472 |
| thickening, stabilization, and dewatering of sewage sludge. | 46473 |
| (e) "Disposal" means the final use of sewage sludge, | 46474 |
| including, but not limited to, land application, land reclamation, | 46475 |
| surface disposal, or disposal in a landfill or an incinerator. | 46476 |
| (f) "Land application" means the spraying or spreading of | 46477 |
| sewage sludge onto the land surface, the injection of sewage | 46478 |
| sludge below the land surface, or the incorporation of sewage | 46479 |
| sludge into the soil for the purposes of conditioning the soil or | 46480 |
| fertilizing crops or vegetation grown in the soil. | 46481 |
| (g) "Land reclamation" means the returning of disturbed land | 46482 |
| to productive use. | 46483 |
| (h) "Surface disposal" means the placement of sludge on an | 46484 |
| area of land for disposal, including, but not limited to, | 46485 |
| monofills, surface impoundments, lagoons, waste piles, or | 46486 |
| dedicated disposal sites. | 46487 |
| (i) "Incinerator" means an entity that disposes of sewage | 46488 |
| sludge through the combustion of organic matter and inorganic | 46489 |
| matter in sewage sludge by high temperatures in an enclosed | 46490 |
| device. | 46491 |
| (j) "Incineration facility" includes all incinerators owned | 46492 |
| or operated by the same entity and located on a contiguous tract | 46493 |
| of land. Areas of land are considered to be contiguous even if | 46494 |
| they are separated by a public road or highway. | 46495 |
| (k) "Annual sludge fee" means the fee assessed under division | 46496 |
| (Y)(1) of this section. | 46497 |
| (l) "Landfill" means a sanitary landfill facility, as defined | 46498 |
| in rules adopted under section 3734.02 of the Revised Code, that | 46499 |
| is licensed under section 3734.05 of the Revised Code. | 46500 |
| (m) "Preexisting land reclamation project" means a | 46501 |
| property-specific land reclamation project that has been in | 46502 |
| continuous operation for not less than five years pursuant to | 46503 |
| approval of the activity by the director and includes the | 46504 |
| implementation of a community outreach program concerning the | 46505 |
| activity. | 46506 |
| Sec. 3745.114. (A) A person that applies for a section 401 | 46507 |
| water quality certification under Chapter 6111. of the Revised | 46508 |
| Code and rules adopted under it shall pay an application fee of | 46509 |
| two hundred dollars at the time of application plus any of the | 46510 |
| following fees, as applicable: | 46511 |
| (1) If the water resource to be impacted is a wetland, a | 46512 |
| review fee of five hundred dollars per acre of wetland to be | 46513 |
| impacted; | 46514 |
| (2) If the water resource to be impacted is a stream one of | 46515 |
| the following fees, as applicable: | 46516 |
| (a) For an ephemeral stream, a review fee of five dollars per | 46517 |
| linear foot of stream to be impacted, or two hundred dollars, | 46518 |
| whichever is greater; | 46519 |
| (b) For an intermittent stream, a review fee of ten dollars | 46520 |
| per linear foot of stream to be impacted, or two hundred dollars, | 46521 |
| whichever is greater; | 46522 |
| (c) For a perennial stream, a review fee of fifteen dollars | 46523 |
| per linear foot of stream to be impacted, or two hundred dollars, | 46524 |
| whichever is greater. | 46525 |
| (3) If the water resource to be impacted is a lake, a review | 46526 |
| fee of three dollars per cubic yard of dredged or fill material to | 46527 |
| be moved. | 46528 |
| (B) One-half of all applicable review fees levied under this | 46529 |
| section shall be due at the time of application for a section 401 | 46530 |
| water quality certification. The remainder of the fees shall be | 46531 |
| paid upon the final disposition of the application for a section | 46532 |
| 401 water quality certification. The total fee to be paid under | 46533 |
| this section shall not exceed twenty-five thousand dollars per | 46534 |
| application. However, if the applicant is a county, township, or | 46535 |
| municipal corporation in this state, the total fee to be paid | 46536 |
| shall not exceed five thousand dollars per application. | 46537 |
| (C) All money collected under this section shall be | 46538 |
| transmitted to the treasurer of state for deposit into the state | 46539 |
| treasury to the credit of the surface water protection fund | 46540 |
| created in section 6111.038 of the Revised Code. | 46541 |
| (D) The fees established under this section do not apply to | 46542 |
| any state agency as defined in section 119.01 of the Revised Code. | 46543 |
| (E) The fees established under this section do not apply to | 46544 |
| projects that are authorized by the environmental protection | 46545 |
| agency's general certifications of nationwide permits or general | 46546 |
| permits issued by the United States army corps of engineers. As | 46547 |
| used in this division, "general permit" and "nationwide permit" | 46548 |
| have the same meanings as in rules adopted under Chapter 6111. of | 46549 |
| the Revised Code. | 46550 |
| (F) Coal mining and reclamation operations that are | 46551 |
| authorized under Chapter 1513. of the Revised Code are exempt from | 46552 |
| the fees established under this seciton for one year after the | 46553 |
| effective date of this seciton. | 46554 |
| (G) As used in this section: | 46555 |
| (1) "Ephemeral stream" means a stream that flows only in | 46556 |
| direct response to precipitation in the immediate watershed or in | 46557 |
| response to the melting of a cover of snow and ice and that has | 46558 |
| channel bottom that is always above the local water table. | 46559 |
| (2) "Intermittent stream" means a stream that is below the | 46560 |
| local water table and flows for at least a part of each year and | 46561 |
| that obtains its flow from both surface runoff and ground water | 46562 |
| discharge. | 46563 |
| (3) "Perennial stream" means a stream or a part of a stream | 46564 |
| that flows continuously during all of the calendar year as a | 46565 |
| result of ground water discharge or surface water runoff. | 46566 |
| "Perennial stream" does not include an intermittent stream or an | 46567 |
| ephemeral stream. | 46568 |
| Sec. 3745.12. (A) There is hereby created in the state | 46569 |
| treasury the immediate removal fund, which shall be administered | 46570 |
| by the director of environmental protection. The fund may be used | 46571 |
| for both of the following purposes: | 46572 |
| (1) To pay costs incurred by the environmental protection | 46573 |
| agency in investigating, mitigating, minimizing, removing, or | 46574 |
| abating any unauthorized spill, release, or discharge of material | 46575 |
| into or upon the environment that requires emergency action to | 46576 |
| protect the public health or safety or the environment; | 46577 |
| (2) Conducting remedial actions under section 3752.13 of the | 46578 |
| Revised Code. | 46579 |
| (B) Any person responsible for causing or allowing the | 46580 |
| unauthorized spill, release, or discharge is liable to the | 46581 |
| director for the costs incurred by the agency regardless of | 46582 |
| whether those costs were paid out of the fund created under | 46583 |
| division (A) of this section or any other fund of the agency. Upon | 46584 |
| the request of the director, the attorney general shall bring a | 46585 |
| civil action against the responsible person to recover those | 46586 |
| costs. Moneys recovered under this division shall be paid into the | 46587 |
| state treasury to the credit of the immediate removal fund, except | 46588 |
| that moneys recovered for costs paid from the hazardous waste | 46589 |
| clean-up fund created in section 3734.28 of the Revised Code shall | 46590 |
| be credited to the hazardous waste clean-up fund. | 46591 |
| Sec. 3746.04. Within one year after September 28, 1994, the | 46592 |
| director of environmental protection, in accordance with Chapter | 46593 |
| 119. of the Revised Code and with the advice of the | 46594 |
| multidisciplinary council appointed under section 3746.03 of the | 46595 |
| Revised Code, shall adopt, and subsequently may amend, suspend, or | 46596 |
| rescind, rules that do both of the following: | 46597 |
| (A) Revise the rules adopted under Chapters 3704., 3714., | 46598 |
| 3734., 6109., and 6111. of the Revised Code to incorporate the | 46599 |
| provisions necessary to conform those rules to the requirements of | 46600 |
| this chapter. The amended rules adopted under this division also | 46601 |
| shall establish response times for all submittals to the | 46602 |
| environmental protection agency required under this chapter or | 46603 |
| rules adopted under it. | 46604 |
| (B) Establish requirements and procedures that are reasonably | 46605 |
| necessary for the implementation and administration of this | 46606 |
| chapter, including, without limitation, all of the following: | 46607 |
| (1) Appropriate generic numerical clean-up standards for the | 46608 |
| treatment or removal of soils, sediments, and water media for | 46609 |
| hazardous substances and petroleum. The rules shall establish | 46610 |
| separate generic numerical clean-up standards based upon the | 46611 |
| intended use of properties after the completion of voluntary | 46612 |
| actions, including industrial, commercial, and residential uses | 46613 |
| and such other categories of land use as the director considers to | 46614 |
| be appropriate. The generic numerical clean-up standards | 46615 |
| established for each category of land use shall be the | 46616 |
| concentration of each contaminant that may be present on a | 46617 |
| property that shall ensure protection of public health and safety | 46618 |
| and the environment for the reasonable exposure for that category | 46619 |
| of land use. When developing the standards, the director shall | 46620 |
| consider such factors as all of the following: | 46621 |
| (a) Scientific information, including, without limitation, | 46622 |
| toxicological information and realistic assumptions regarding | 46623 |
| human and environmental exposure to hazardous substances or | 46624 |
| petroleum; | 46625 |
| (b) Climatic factors; | 46626 |
| (c) Human activity patterns; | 46627 |
| (d) Current statistical techniques; | 46628 |
| (e) For petroleum at industrial property, alternatives to the | 46629 |
| use of total petroleum hydrocarbons. | 46630 |
| The generic numerical clean-up standards established in the | 46631 |
| rules adopted under division (B)(1) of this section shall be | 46632 |
| consistent with and equivalent in scope, content, and coverage to | 46633 |
| any applicable standard established by federal environmental laws | 46634 |
| and regulations adopted under them, including, without limitation, | 46635 |
| the "Federal Water Pollution Control Act Amendments of 1972," 86 | 46636 |
| Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource | 46637 |
| Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. | 46638 |
| 6921, as amended; the "Toxic Substances Control Act," 90 Stat. | 46639 |
| 2003 (1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive | 46640 |
| Environmental Response, Compensation, and Liability Act of 1980," | 46641 |
| 94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe | 46642 |
| Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as | 46643 |
| amended. | 46644 |
| In order for the rules adopted under division (B)(1) of this | 46645 |
| section to require that any such federal environmental standard | 46646 |
| apply to a property, the property shall meet the requirements of | 46647 |
| the particular federal statute or regulation involved in the | 46648 |
| manner specified by the statute or regulation. | 46649 |
| The generic numerical clean-up standards for petroleum at | 46650 |
| commercial or residential property shall be the standards | 46651 |
| established in rules adopted under division (B) of section | 46652 |
| 3737.882 of the Revised Code. | 46653 |
| (2)(a) Procedures for performing property-specific risk | 46654 |
| assessments that would be performed at a property to demonstrate | 46655 |
| that the remedy evaluated in a risk assessment results in | 46656 |
| protection of public health and safety and the environment instead | 46657 |
| of complying with the generic numerical clean-up standards | 46658 |
| established in the rules adopted under division (B)(1) of this | 46659 |
| section. The risk assessment procedures shall describe a | 46660 |
| methodology to establish, on a property-specific basis, allowable | 46661 |
| levels of contamination to remain at a property to ensure | 46662 |
| protection of public health and safety and the environment on the | 46663 |
| property and off the property when the contamination is emanating | 46664 |
| off the property, taking into account all of the following: | 46665 |
| (i) The implementation of treatment, storage, or disposal, or | 46666 |
| a combination thereof, of hazardous substances or petroleum; | 46667 |
| (ii) The existence of institutional controls or activity and | 46668 |
| use limitations that eliminate or mitigate exposure to hazardous | 46669 |
| substances or petroleum through the restriction of access to | 46670 |
| hazardous substances or petroleum; | 46671 |
| (iii) The existence of engineering controls that eliminate or | 46672 |
| mitigate exposure to hazardous substances or petroleum through | 46673 |
| containment of, control of, or restrictions of access to hazardous | 46674 |
| substances or petroleum, including, without limitation, fences, | 46675 |
| cap systems, cover systems, and landscaping. | 46676 |
| (b) The risk assessment procedures and levels of acceptable | 46677 |
| risk set forth in the rules adopted under division (B)(2) of this | 46678 |
| section shall be based upon all of the following: | 46679 |
| (i) Scientific information, including, without limitation, | 46680 |
| toxicological information and actual or proposed human and | 46681 |
| environmental exposure; | 46682 |
| (ii) Locational and climatic factors; | 46683 |
| (iii) Surrounding land use and human activities; | 46684 |
| (iv) Differing levels of remediation that may be required | 46685 |
| when an existing land use is continued compared to when a | 46686 |
| different land use follows the remediation. | 46687 |
| (c) Any standards established pursuant to rules adopted under | 46688 |
| division (B)(2) of this section shall be no more stringent than | 46689 |
| standards established under the environmental statutes of this | 46690 |
| state and rules adopted under them for the same contaminant in the | 46691 |
| same environmental medium that are in effect at the time the risk | 46692 |
| assessment is conducted. | 46693 |
| (3) Minimum standards for phase I property assessments. The | 46694 |
| standards shall specify the information needed to demonstrate that | 46695 |
| there is no reason to believe that contamination exists on a | 46696 |
| property. The rules adopted under division (B)(3) of this section, | 46697 |
| at a minimum, shall require that a phase I property assessment | 46698 |
| include all of the following: | 46699 |
| (a) A review and analysis of deeds, mortgages, easements of | 46700 |
| record, and similar documents relating to the chain of title to | 46701 |
| the property that are publicly available or that are known to and | 46702 |
| reasonably available to the owner or operator; | 46703 |
| (b) A review and analysis of any previous environmental | 46704 |
| assessments, property assessments, environmental studies, or | 46705 |
| geologic studies of the property and any land within two thousand | 46706 |
| feet of the boundaries of the property that are publicly available | 46707 |
| or that are known to and reasonably available to the owner or | 46708 |
| operator; | 46709 |
| (c) A review of current and past environmental compliance | 46710 |
| histories of persons who owned or operated the property; | 46711 |
| (d) A review of aerial photographs of the property that | 46712 |
| indicate prior uses of the property; | 46713 |
| (e) Interviews with managers of activities conducted at the | 46714 |
| property who have knowledge of environmental conditions at the | 46715 |
| property; | 46716 |
| (f) Conducting an inspection of the property consisting of a | 46717 |
| walkover; | 46718 |
| (g) Identifying the current and past uses of the property, | 46719 |
| adjoining tracts of land, and the area surrounding the property, | 46720 |
| including, without limitation, interviews with persons who reside | 46721 |
| or have resided, or who are or were employed, within the area | 46722 |
| surrounding the property regarding the current and past uses of | 46723 |
| the property and adjacent tracts of land. | 46724 |
| The rules adopted under division (B)(3) of this section shall | 46725 |
| establish criteria to determine when a phase II property | 46726 |
| assessment shall be conducted when a phase I property assessment | 46727 |
| reveals facts that establish a reason to believe that hazardous | 46728 |
| substances or petroleum have been treated, stored, managed, or | 46729 |
| disposed of on the property if the person undertaking the phase I | 46730 |
| property assessment wishes to obtain a covenant not to sue under | 46731 |
| section 3746.12 of the Revised Code. | 46732 |
| (4) Minimum standards for phase II property assessments. The | 46733 |
| standards shall specify the information needed to demonstrate that | 46734 |
| any contamination present at the property does not exceed | 46735 |
| applicable standards or that the remedial activities conducted at | 46736 |
| the property have achieved compliance with applicable standards. | 46737 |
| The rules adopted under division (B)(4) of this section, at a | 46738 |
| minimum, shall require that a phase II property assessment include | 46739 |
| all of the following: | 46740 |
| (a) A review and analysis of all documentation prepared in | 46741 |
| connection with a phase I property assessment conducted within the | 46742 |
| one hundred eighty days before the phase II property assessment | 46743 |
| begins. The rules adopted under division (B)(4)(a) of this section | 46744 |
| shall require that if a period of more than one hundred eighty | 46745 |
| days has passed between the time that the phase I assessment of | 46746 |
| the property was completed and the phase II assessment begins, the | 46747 |
| phase II assessment shall include a reasonable inquiry into the | 46748 |
| change in the environmental condition of the property during the | 46749 |
| intervening period. | 46750 |
| (b) Quality assurance objectives for measurements taken in | 46751 |
| connection with a phase II assessment; | 46752 |
| (c) Sampling procedures to ensure the representative sampling | 46753 |
| of potentially contaminated environmental media; | 46754 |
| (d) Quality assurance and quality control requirements for | 46755 |
| samples collected in connection with phase II assessments; | 46756 |
| (e) Analytical and data assessment procedures; | 46757 |
| (f) Data objectives to ensure that samples collected in | 46758 |
| connection with phase II assessments are biased toward areas where | 46759 |
| information indicates that contamination by hazardous substances | 46760 |
| or petroleum is likely to exist. | 46761 |
| (5) Standards governing the conduct of certified | 46762 |
| professionals, criteria and procedures for the certification of | 46763 |
| professionals to issue no further action letters under section | 46764 |
| 3746.11 of the Revised Code, and criteria for the suspension and | 46765 |
| revocation of those certifications. The director shall take an | 46766 |
| action regarding a certification as a final action. The issuance, | 46767 |
| denial, renewal, suspension, and revocation of those | 46768 |
| certifications are subject to Chapter 3745. of the Revised Code, | 46769 |
| 46770 | |
| 46771 | |
| an action regarding a certification in a newspaper of general | 46772 |
| circulation as required in section 3745.07 of the Revised Code, | 46773 |
| such an action shall be published on the environmental protection | 46774 |
| agency's web site and in the agency's weekly review not later than | 46775 |
| fifteen days after the date of the issuance, denial, renewal, | 46776 |
| suspension, or revocation of the certification and not later than | 46777 |
| thirty days before a hearing or public meeting concerning the | 46778 |
| action. | 46779 |
| The rules adopted under division (B)(5) of this section shall | 46780 |
| do all of the following: | 46781 |
| (a) Provide for the certification of environmental | 46782 |
| professionals to issue no further action letters pertaining to | 46783 |
| investigations and remedies in accordance with the criteria and | 46784 |
| procedures set forth in the rules. The rules adopted under | 46785 |
| division (B)(5)(a) of this section shall do at least all of the | 46786 |
| following: | 46787 |
| (i) Authorize the director to consider such factors as an | 46788 |
| environmental professional's previous performance record regarding | 46789 |
| such investigations and remedies and the environmental | 46790 |
| professional's environmental compliance history when determining | 46791 |
| whether to certify the environmental professional; | 46792 |
| (ii) Ensure that an application for certification is reviewed | 46793 |
| in a timely manner; | 46794 |
| (iii) Require the director to certify any environmental | 46795 |
| professional who the director determines complies with those | 46796 |
| criteria; | 46797 |
| (iv) Require the director to deny certification for any | 46798 |
| environmental professional who does not comply with those | 46799 |
| criteria. | 46800 |
| (b) Establish an annual fee to be paid by environmental | 46801 |
| professionals certified pursuant to the rules adopted under | 46802 |
| division (B)(5)(a) of this section. The fee shall be established | 46803 |
|
at an amount calculated to defray the costs to the | 46804 |
| 46805 | |
| of environmental professionals for certification and for the | 46806 |
| issuance of the certifications. | 46807 |
| (c) Develop a schedule for and establish requirements | 46808 |
| governing the review by the director of the credentials of | 46809 |
| environmental professionals who were deemed to be certified | 46810 |
| professionals under division (D) of section 3746.07 of the Revised | 46811 |
| Code in order to determine if they comply with the criteria | 46812 |
| established in rules adopted under division (B)(5) of this | 46813 |
| section. The rules adopted under division (B)(5)(c) of this | 46814 |
| section shall do at least all of the following: | 46815 |
| (i) Ensure that the review is conducted in a timely fashion; | 46816 |
| (ii) Require the director to certify any such environmental | 46817 |
| professional who the director determines complies with those | 46818 |
| criteria; | 46819 |
| (iii) Require any such environmental professional initially | 46820 |
| to pay the fee established in the rules adopted under division | 46821 |
| (B)(5)(b) of this section at the time that the environmental | 46822 |
| professional is so certified by the director; | 46823 |
| (iv) Establish a time period within which any such | 46824 |
| environmental professional who does not comply with those criteria | 46825 |
| may obtain the credentials that are necessary for certification; | 46826 |
| (v) Require the director to deny certification for any such | 46827 |
| environmental professional who does not comply with those criteria | 46828 |
| and who fails to obtain the necessary credentials within the | 46829 |
| established time period. | 46830 |
| (d) Require that any information submitted to the director | 46831 |
| for the purposes of the rules adopted under division (B)(5)(a) or | 46832 |
| (c) of this section comply with division (A) of section 3746.20 of | 46833 |
| the Revised Code; | 46834 |
| (e) Authorize the director to suspend or revoke the | 46835 |
| certification of an environmental professional if the director | 46836 |
| finds that the environmental professional's performance has | 46837 |
| resulted in the issuance of no further action letters under | 46838 |
| section 3746.11 of the Revised Code that are not consistent with | 46839 |
| applicable standards or finds that the certified environmental | 46840 |
| professional has not substantially complied with section 3746.31 | 46841 |
| of the Revised Code; | 46842 |
| (f) Authorize the director to suspend for a period of not | 46843 |
| more than five years or to permanently revoke a certified | 46844 |
| environmental professional's certification for any violation of or | 46845 |
| failure to comply with an ethical standard established in rules | 46846 |
| adopted
under division (B)(5) of this section | 46847 |
| (g) Require the director to revoke the certification of an | 46848 |
| environmental professional if the director finds that the | 46849 |
| environmental professional falsified any information on the | 46850 |
| environmental professional's application for certification | 46851 |
| regarding the environmental professional's credentials or | 46852 |
| qualifications or any other information generated for the purposes | 46853 |
| of or use under this chapter or rules adopted under it; | 46854 |
| (h) Require the director permanently to revoke the | 46855 |
| certification of an environmental professional who has violated or | 46856 |
| is violating division (A) of section 3746.18 of the Revised Code; | 46857 |
| (i) Preclude the director from revoking the certification of | 46858 |
| an environmental professional who only conducts investigations and | 46859 |
| remedies at property contaminated solely with petroleum unless the | 46860 |
| director first consults with the director of commerce. | 46861 |
| (6) Criteria and procedures for the certification of | 46862 |
| laboratories to perform analyses under this chapter and rules | 46863 |
| adopted under it. The issuance, denial, suspension, and revocation | 46864 |
| of those certifications are subject to Chapter 3745. of the | 46865 |
| Revised Code, and the director of environmental protection shall | 46866 |
| take any such action regarding a certification as a final action. | 46867 |
| The rules adopted under division (B)(6) of this section shall | 46868 |
| do all of the following: | 46869 |
| (a) Provide for the certification to perform analyses of | 46870 |
| laboratories in accordance with the criteria and procedures | 46871 |
| established in the rules adopted under division (B)(6)(a) of this | 46872 |
| section and establish an annual fee to be paid by those | 46873 |
| laboratories. The fee shall be established at an amount calculated | 46874 |
| to defray the costs to the agency for the review of the | 46875 |
| qualifications of those laboratories for certification and for the | 46876 |
| issuance of the certifications. The rules adopted under division | 46877 |
| (B)(6)(a) of this section may provide for the certification of | 46878 |
| those laboratories to perform only particular types or categories | 46879 |
| of analyses, specific test parameters or group of test parameters, | 46880 |
| or a specific matrix or matrices under this chapter. | 46881 |
| (b) Develop a schedule for and establish requirements | 46882 |
| governing the review by the director of the operations of | 46883 |
| laboratories that were deemed to be certified laboratories under | 46884 |
| division (E) of section 3746.07 of the Revised Code in order to | 46885 |
| determine if they comply with the criteria established in rules | 46886 |
| adopted under division (B)(6) of this section. The rules adopted | 46887 |
| under division (B)(6)(b) of this section shall do at least all of | 46888 |
| the following: | 46889 |
| (i) Ensure that the review is conducted in a timely fashion; | 46890 |
| (ii) Require the director to certify any such laboratory that | 46891 |
| the director determines complies with those criteria; | 46892 |
| (iii) Require any such laboratory initially to pay the fee | 46893 |
| established in the rules adopted under division (B)(6)(a) of this | 46894 |
| section at the time that the laboratory is so certified by the | 46895 |
| director; | 46896 |
| (iv) Establish a time period within which any such laboratory | 46897 |
| that does not comply with those criteria may make changes in its | 46898 |
| operations necessary for the performance of analyses under this | 46899 |
| chapter and rules adopted under it in order to be certified by the | 46900 |
| director; | 46901 |
| (v) Require the director to deny certification for any such | 46902 |
| laboratory that does not comply with those criteria and that fails | 46903 |
| to make the necessary changes in its operations within the | 46904 |
| established time period. | 46905 |
| (c) Require that any information submitted to the director | 46906 |
| for the purposes of the rules adopted under division (B)(6)(a) or | 46907 |
| (b) of this section comply with division (A) of section 3746.20 of | 46908 |
| the Revised Code; | 46909 |
| (d) Authorize the director to suspend or revoke the | 46910 |
| certification of a laboratory if the director finds that the | 46911 |
| laboratory's performance has resulted in the issuance of no | 46912 |
| further action letters under section 3746.11 of the Revised Code | 46913 |
| that are not consistent with applicable standards; | 46914 |
| (e) Authorize the director to suspend or revoke the | 46915 |
| certification of a laboratory if the director finds that the | 46916 |
| laboratory falsified any information on its application for | 46917 |
| certification regarding its credentials or qualifications; | 46918 |
| (f) Require the director permanently to revoke the | 46919 |
| certification of a laboratory that has violated or is violating | 46920 |
| division (A) of section 3746.18 of the Revised Code. | 46921 |
| (7) Information to be included in a no further action letter | 46922 |
| prepared under section 3746.11 of the Revised Code, including, | 46923 |
| without limitation, all of the following: | 46924 |
| (a) A summary of the information required to be submitted to | 46925 |
| the certified environmental professional preparing the no further | 46926 |
| action letter under division (C) of section 3746.10 of the Revised | 46927 |
| Code; | 46928 |
| (b) Notification that a risk assessment was performed in | 46929 |
| accordance with rules adopted under division (B)(2) of this | 46930 |
| section if such an assessment was used in lieu of generic | 46931 |
| numerical clean-up standards established in rules adopted under | 46932 |
| division (B)(1) of this section; | 46933 |
| (c) The contaminants addressed at the property, if any, their | 46934 |
| source, if known, and their levels prior to remediation; | 46935 |
| (d) The identity of any other person who performed work to | 46936 |
| support the request for the no further action letter as provided | 46937 |
| in division (B)(2) of section 3746.10 of the Revised Code and the | 46938 |
| nature and scope of the work performed by that person; | 46939 |
| (e) A list of the data, information, records, and documents | 46940 |
| relied upon by the certified environmental professional in | 46941 |
| preparing the no further action letter. | 46942 |
| (8) Methods for determining fees to be paid for the following | 46943 |
| services provided by the agency under this chapter and rules | 46944 |
| adopted under it: | 46945 |
| (a) Site- or property-specific technical assistance in | 46946 |
| developing or implementing plans in connection with a voluntary | 46947 |
| action; | 46948 |
| (b) Reviewing applications for and issuing consolidated | 46949 |
| standards permits under section 3746.15 of the Revised Code and | 46950 |
| monitoring compliance with those permits; | 46951 |
| (c) Negotiating, preparing, and entering into agreements | 46952 |
| necessary for the implementation and administration of this | 46953 |
| chapter and rules adopted under it; | 46954 |
| (d) Reviewing no further action letters, issuing covenants | 46955 |
| not to sue, and monitoring compliance with any terms and | 46956 |
| conditions of those covenants and with operation and maintenance | 46957 |
| agreements entered into pursuant to those covenants, including, | 46958 |
| without limitation, conducting audits of properties where | 46959 |
| voluntary actions are being or were conducted under this chapter | 46960 |
| and rules adopted under it. | 46961 |
| The fees established pursuant to the rules adopted under | 46962 |
| division (B)(8) of this section shall be at a level sufficient to | 46963 |
| defray the direct and indirect costs incurred by the agency for | 46964 |
| the administration and enforcement of this chapter and rules | 46965 |
| adopted under it other than the provisions regarding the | 46966 |
| certification of professionals and laboratories. | 46967 |
| (9) Criteria for selecting the no further action letters | 46968 |
| issued under section 3746.11 of the Revised Code that will be | 46969 |
| audited under section 3746.17 of the Revised Code, and the scope | 46970 |
| and procedures for conducting those audits. The rules adopted | 46971 |
| under division (B)(9) of this section, at a minimum, shall require | 46972 |
| the director to establish priorities for auditing no further | 46973 |
| action letters to which any of the following applies: | 46974 |
| (a) The letter was prepared by an environmental professional | 46975 |
| who was deemed to be a certified professional under division (D) | 46976 |
| of section 3746.07 of the Revised Code, but who does not comply | 46977 |
| with the criteria established in rules adopted under division | 46978 |
| (B)(5) of this section as determined pursuant to rules adopted | 46979 |
| under division (B)(5)(d) of this section | 46980 |
| (b) The letter was submitted fraudulently | 46981 |
| (c) The letter was prepared by a certified environmental | 46982 |
| professional whose certification subsequently was revoked in | 46983 |
| accordance with rules adopted under division (B)(5) of this | 46984 |
| section, or analyses were performed for the purposes of the no | 46985 |
| further action letter by a certified laboratory whose | 46986 |
| certification subsequently was revoked in accordance with rules | 46987 |
| adopted under division (B)(6) of
this section | 46988 |
| (d) A covenant not to sue that was issued pursuant to the | 46989 |
|
letter was revoked under this chapter | 46990 |
| (e) The letter was for a voluntary action that was conducted | 46991 |
| pursuant to a risk assessment in accordance with rules adopted | 46992 |
| under division (B)(2) of this section | 46993 |
| (f) The letter was for a voluntary action that included as | 46994 |
| remedial activities engineering controls or institutional controls | 46995 |
| or activity and use limitations authorized under section 3746.05 | 46996 |
| of the Revised Code. | 46997 |
| The rules adopted under division (B)(9) of this section shall | 46998 |
| provide for random audits of no further action letters to which | 46999 |
| the rules adopted under divisions (B)(9)(a) to (f) of this section | 47000 |
| do not apply. | 47001 |
| (10) A classification system to characterize ground water | 47002 |
| according to its capability to be used for human use and its | 47003 |
| impact on the environment and a methodology that shall be used to | 47004 |
| determine when ground water that has become contaminated from | 47005 |
| sources on a property for which a covenant not to sue is requested | 47006 |
| under section 3746.11 of the Revised Code shall be remediated to | 47007 |
| the standards established in the rules adopted under division | 47008 |
| (B)(1) or (2) of this section. | 47009 |
| (a) In adopting rules under division (B)(10) of this section | 47010 |
| to characterize ground water according to its capability for human | 47011 |
| use, the director shall consider all of the following: | 47012 |
| (i) The presence of legally enforceable, reliable | 47013 |
| restrictions on the use of ground water, including, without | 47014 |
| limitation, local rules or ordinances; | 47015 |
| (ii) The presence of regional commingled contamination from | 47016 |
| multiple sources that diminishes the quality of ground water; | 47017 |
| (iii) The natural quality of ground water; | 47018 |
| (iv) Regional availability of ground water and reasonable | 47019 |
| alternative sources of drinking water; | 47020 |
| (v) The productivity of the aquifer; | 47021 |
| (vi) The presence of restrictions on the use of ground water | 47022 |
| implemented under this chapter and rules adopted under it; | 47023 |
| (vii) The existing use of ground water. | 47024 |
| (b) In adopting rules under division (B)(10) of this section | 47025 |
| to characterize ground water according to its impacts on the | 47026 |
| environment, the director shall consider both of the following: | 47027 |
| (i) The risks posed to humans, fauna, surface water, | 47028 |
| sediments, soil, air, and other resources by the continuing | 47029 |
| presence of contaminated ground water; | 47030 |
| (ii) The availability and feasibility of technology to remedy | 47031 |
| ground water contamination. | 47032 |
| (11) Governing the application for and issuance of variances | 47033 |
| under section 3746.09 of the Revised Code; | 47034 |
| (12)(a) In the case of voluntary actions involving | 47035 |
| contaminated ground water, specifying the circumstances under | 47036 |
| which the generic numerical clean-up standards established in | 47037 |
| rules adopted under division (B)(1) of this section and standards | 47038 |
| established through a risk assessment conducted pursuant to rules | 47039 |
| adopted under division (B)(2) of this section shall be | 47040 |
| inapplicable to the remediation of contaminated ground water and | 47041 |
| under which the standards for remediating contaminated ground | 47042 |
| water shall be established on a case-by-case basis prior to the | 47043 |
| commencement of the voluntary action pursuant to rules adopted | 47044 |
| under division (B)(12)(b) of this section; | 47045 |
| (b) Criteria and procedures for the case-by-case | 47046 |
| establishment of standards for the remediation of contaminated | 47047 |
| ground water under circumstances in which the use of the generic | 47048 |
| numerical clean-up standards and standards established through a | 47049 |
| risk assessment are precluded by the rules adopted under division | 47050 |
| (B)(12)(a) of this section. The rules governing the procedures for | 47051 |
| the case-by-case development of standards for the remediation of | 47052 |
| contaminated ground water shall establish application, public | 47053 |
| participation, adjudication, and appeals requirements and | 47054 |
| procedures that are equivalent to the requirements and procedures | 47055 |
| established in section 3746.09 of the Revised Code and rules | 47056 |
| adopted under division (B)(11) of this section, except that the | 47057 |
| procedural rules shall not require an applicant to make the | 47058 |
| demonstrations set forth in divisions (A)(1) to (3) of section | 47059 |
| 3746.09 of the Revised Code. | 47060 |
| (13) A definition of the evidence that constitutes sufficient | 47061 |
| evidence for the purpose of division (A)(5) of section 3746.02 of | 47062 |
| the Revised Code. | 47063 |
| At least thirty days before filing the proposed rules | 47064 |
| required to be adopted under this section with the secretary of | 47065 |
| state, director of the legislative service commission, and joint | 47066 |
| committee on agency rule review in accordance with divisions (B) | 47067 |
| and (H) of section 119.03 of the Revised Code, the director of | 47068 |
| environmental protection shall hold at least one public meeting on | 47069 |
| the proposed rules in each of the five districts into which the | 47070 |
| agency has divided the state for administrative purposes. | 47071 |
| Sec. 3746.071. (A) As used in this section, "certified | 47072 |
| professional" means a certified professional deemed to be | 47073 |
| certified under division (D) of section 3746.07 of the Revised | 47074 |
| Code. | 47075 |
| (B) A certified professional shall do all of the following: | 47076 |
| (1) Protect the safety, health, and welfare of the public in | 47077 |
| the performance of | 47078 |
| arises where the certified professional faces a situation where | 47079 |
| the safety, health, or welfare of the public would not be | 47080 |
|
protected, | 47081 |
| following: | 47082 |
| (a) Sever | 47083 |
| professional's employer or client; | 47084 |
| (b) Refuse to accept responsibility for the design, report, | 47085 |
| or statement involved; | 47086 |
| (c) Notify the director of environmental protection if, in | 47087 |
| the opinion of the certified professional, the situation is | 47088 |
| sufficiently important. | 47089 |
| (2) Undertake to perform assignments only when | 47090 |
| certified
professional or | 47091 |
| consulting support is qualified by training and experience in the | 47092 |
| specific technical fields involved; | 47093 |
| (3) Be completely objective in any professional report, | 47094 |
|
statement, or testimony. | 47095 |
| include all relevant and pertinent information in the report, | 47096 |
| statement, or testimony when the result of an omission would or | 47097 |
| reasonably could lead to a fallacious conclusion. | 47098 |
| (4) Express an opinion as a technical or expert witness | 47099 |
| before any court, commission, or other tribunal only when it is | 47100 |
| founded upon adequate knowledge of the facts in issue, upon a | 47101 |
| background of technical competence in the subject matter, and upon | 47102 |
| honest conviction of the accuracy and propriety of | 47103 |
| testimony. | 47104 |
| (C) A certified professional shall not issue statements, | 47105 |
| criticisms, or arguments on matters connected with public policy | 47106 |
|
that are inspired or paid for by an interested party, unless | 47107 |
| the
certified professional has prefaced | 47108 |
|
explicitly identifying | 47109 |
| disclosing the identity
of the parties on whose behalf | 47110 |
| certified professional is speaking, and by revealing the existence | 47111 |
| of any pecuniary interest | 47112 |
| in the instant matters. | 47113 |
| (D)(1) A certified professional shall conscientiously avoid | 47114 |
| any conflict of interest with | 47115 |
| employer or client. | 47116 |
| (2) A certified professional promptly shall inform | 47117 |
| certified professional's employer or client of any business | 47118 |
| association,
interests, or circumstances that could influence | 47119 |
| the certified
professional's judgment or the quality of | 47120 |
| certified
professional's service to | 47121 |
| (3) A certified professional shall not accept compensation, | 47122 |
| financial or otherwise, from more than one party for services on | 47123 |
| or pertaining to the same project, unless the circumstances are | 47124 |
| fully disclosed to, and agreed to, by all interested parties or | 47125 |
| their duly authorized agents. | 47126 |
| (4) A certified professional shall not solicit or accept | 47127 |
| financial or other valuable considerations from material or | 47128 |
| equipment suppliers for specifying their products. | 47129 |
| (5) A certified professional shall not solicit or accept | 47130 |
| gratuities, directly or indirectly, from contractors, their | 47131 |
|
agents, or other parties dealing directly with | 47132 |
| professional's employer or client in connection with the work for | 47133 |
| which
| 47134 |
| (E)(1) A certified professional shall not pay, solicit, or | 47135 |
| offer, directly or indirectly, any bribe or commission for | 47136 |
|
professional employment with the exception of | 47137 |
| usual commission for securing salaried positions through licensed | 47138 |
| employment agencies. | 47139 |
| (2) A certified professional shall seek professional | 47140 |
| employment on the basis of qualification and competence for proper | 47141 |
| accomplishment of the work. A certified professional may submit | 47142 |
| proposed fee information prior to | 47143 |
| certified professional under this chapter and rules adopted under | 47144 |
| it. | 47145 |
| (3) A certified professional shall not falsify or permit | 47146 |
|
misrepresentation of | 47147 |
| certified professional's associates' academic or professional | 47148 |
| qualifications. | 47149 |
| misrepresent or exaggerate | 47150 |
| of responsibility in or for the subject matter of prior | 47151 |
| assignments. | 47152 |
| (4) Brochures or other presentations incident to the | 47153 |
| solicitation of employment by a certified professional shall not | 47154 |
|
misrepresent pertinent facts concerning | 47155 |
| professional's employers, employees, associates, or joint | 47156 |
| ventures, or
| 47157 |
|
with the intent and purpose of enhancing | 47158 |
|
professional's qualifications for | 47159 |
| work. | 47160 |
| (F)(1) A certified professional shall not sign or seal | 47161 |
|
professional work for which | 47162 |
| have personal professional knowledge and direct supervisory | 47163 |
| control and responsibility. | 47164 |
| (2) A certified professional shall not knowingly associate | 47165 |
|
with, or permit the use of | 47166 |
|
name or | 47167 |
| in, a business venture by any person or firm that | 47168 |
| professional knows, or has reason to believe, is engaging in | 47169 |
| business or professional practices of a fraudulent or dishonest | 47170 |
| nature. | 47171 |
| (3) If a certified professional has knowledge or reason to | 47172 |
| believe that another person or firm has violated any of the | 47173 |
|
provisions of this chapter or any requirement of this section, | 47174 |
| the certified professional shall present the information to the | 47175 |
| director in writing. | 47176 |
| (G) The director, in accordance with | 47177 |
| adopted under section 3746.04 of the Revised Code, may suspend for | 47178 |
| a period of not more than five years or permanently revoke a | 47179 |
| certified professional's certification for a violation of or | 47180 |
| failure to comply with any requirement or obligation set forth in | 47181 |
| this section. | 47182 |
| Sec. 3748.07. (A) Every facility that proposes to handle | 47183 |
| radioactive material or radiation-generating equipment for which | 47184 |
| licensure or registration, respectively, by its handler is | 47185 |
| required shall apply in writing to the director of health on forms | 47186 |
| prescribed and provided by the director for licensure or | 47187 |
| registration. Terms and conditions of licenses and certificates of | 47188 |
| registration may be amended in accordance with rules adopted under | 47189 |
| section 3748.04 of the Revised Code or orders issued by the | 47190 |
| director pursuant to section 3748.05 of the Revised Code. | 47191 |
| (B) Until rules are adopted under section 3748.04 of the | 47192 |
| Revised Code, an application for a certificate of registration | 47193 |
| shall be accompanied by a biennial registration fee of two hundred | 47194 |
| eighteen dollars. On and after the effective date of those rules, | 47195 |
| an applicant for a license, registration certificate, or renewal | 47196 |
| of either shall pay the appropriate fee established in those | 47197 |
| rules. | 47198 |
| All fees collected under this section shall be deposited in | 47199 |
| the state treasury to the credit of the general operations fund | 47200 |
| created in section 3701.83 of the Revised Code. The fees shall be | 47201 |
| used solely to administer and enforce this chapter and rules | 47202 |
| adopted under it. | 47203 |
| Any fee required under this section that has not been paid | 47204 |
| within ninety days after the invoice date shall be assessed at two | 47205 |
| times the original invoiced fee. Any fee that has not been paid | 47206 |
| within one hundred eighty days after the invoice date shall be | 47207 |
| assessed at five times the original invoiced fee. | 47208 |
| (C) The director shall grant a license or registration to any | 47209 |
| applicant who has paid the required fee and is in compliance with | 47210 |
| this chapter and rules adopted under it. | 47211 |
| Until rules are adopted under section 3748.04 of the Revised | 47212 |
| Code, certificates of registration shall be effective for two | 47213 |
| years from the date of issuance. On and after the effective date | 47214 |
| of those rules, licenses and certificates of registration shall be | 47215 |
| effective for the applicable period established in those rules. | 47216 |
| Licenses and certificates of registration shall be renewed in | 47217 |
| accordance with the standard renewal procedure established in | 47218 |
| Chapter 4745. of the Revised Code. | 47219 |
| Sec. 3748.13. (A) The director of health shall inspect | 47220 |
| sources of radiation for which licensure or registration by the | 47221 |
| handler is required, and the sources' shielding and surroundings, | 47222 |
| according to the schedule established in rules adopted under | 47223 |
| division (D) of section 3748.04 of the Revised Code. In accordance | 47224 |
| with rules adopted under that section, the director shall inspect | 47225 |
| all records and operating procedures of handlers that install | 47226 |
| sources of radiation and all sources of radiation for which | 47227 |
| licensure of radioactive material or registration of | 47228 |
| radiation-generating equipment by the handler is required. The | 47229 |
| director may make other inspections upon receiving complaints or | 47230 |
| other evidence of violation of this chapter or rules adopted under | 47231 |
| it. | 47232 |
| The director shall require any hospital registered under | 47233 |
| division (A) of section 3701.07 of the Revised Code to develop and | 47234 |
| maintain a quality assurance program for all sources of | 47235 |
| radiation-generating equipment. A certified radiation expert shall | 47236 |
| conduct oversight and maintenance of the program and shall file a | 47237 |
| report of audits of the program with the director on forms | 47238 |
| prescribed by the director. The audit reports shall become part of | 47239 |
| the inspection record. | 47240 |
| (B) Until rules are adopted under division (A)(8) of section | 47241 |
| 3748.04 of the Revised Code, a facility shall pay inspection fees | 47242 |
| according to the following schedule and categories: | 47243 |
| First dental x-ray tube | $ |
47244 | |||
| Each additional dental x-ray tube at the same location | $ |
47245 | |||
| First medical x-ray tube | $ |
47246 | |||
| Each additional medical x-ray tube at the same location | $ |
47247 | |||
| Each unit of ionizing radiation-generating equipment capable of operating at or above 250 kilovoltage peak | $ |
47248 | |||
| First nonionizing radiation-generating equipment of any kind | $ |
47249 | |||
| Each additional nonionizing radiation-generating equipment of any kind at the same location | $ |
47250 | |||
| Assembler-maintainer inspection consisting of an inspection of records and operating procedures of handlers that install sources of radiation | $ |
47251 |
| Until rules are adopted under division (A)(8) of section | 47252 |
| 3748.04 of the Revised Code, the fee for an inspection to | 47253 |
| determine whether violations cited in a previous inspection have | 47254 |
| been corrected is fifty per cent of the fee applicable under the | 47255 |
| schedule in this division. Until those rules are adopted, the fee | 47256 |
| for the inspection of a facility that is not licensed or | 47257 |
| registered and for which no license or registration application is | 47258 |
|
pending at the time of inspection is three hundred
| 47259 |
| ninety-five dollars plus the fee applicable under the schedule in | 47260 |
| this division. | 47261 |
| The director may conduct a review of shielding plans or the | 47262 |
| adequacy of shielding on the request of a licensee or registrant | 47263 |
| or an applicant for licensure or registration or during an | 47264 |
| inspection when the director considers a review to be necessary. | 47265 |
| Until rules are adopted under division (A)(8) of section 3748.04 | 47266 |
| of the Revised Code,
the fee for the review is | 47267 |
| 47268 | |
| radiation is used and is in addition to any other fee applicable | 47269 |
| under the schedule in this division. | 47270 |
| All fees shall be paid to the department of health no later | 47271 |
| than thirty days after the invoice for the fee is mailed. Fees | 47272 |
| shall be deposited in the general operations fund created in | 47273 |
| section 3701.83 of the Revised Code. The fees shall be used solely | 47274 |
| to administer and enforce this chapter and rules adopted under it. | 47275 |
| Any fee required under this section that has not been paid | 47276 |
| within ninety days after the invoice date shall be assessed at two | 47277 |
| times the original invoiced fee. Any fee that has not been paid | 47278 |
| within one hundred eighty days after the invoice date shall be | 47279 |
| assessed at five times the original invoiced fee. | 47280 |
| (C) If the director determines that a board of health of a | 47281 |
| city or general health district is qualified to conduct | 47282 |
| inspections of radiation-generating equipment, the director may | 47283 |
| delegate to the board, by contract, the authority to conduct such | 47284 |
| inspections. In making a determination of the qualifications of a | 47285 |
| board of health to conduct those inspections, the director shall | 47286 |
| evaluate the credentials of the individuals who are to conduct the | 47287 |
| inspections of radiation-generating equipment and the radiation | 47288 |
| detection and measuring equipment available to them for that | 47289 |
| purpose. If a contract is entered into, the board shall have the | 47290 |
| same authority to make inspections of radiation-generating | 47291 |
| equipment as the director has under this chapter and rules adopted | 47292 |
| under it. The contract shall stipulate that only individuals | 47293 |
| approved by the director as qualified shall be permitted to | 47294 |
| inspect radiation-generating equipment under the contract's | 47295 |
| provisions. The contract shall provide for such compensation for | 47296 |
| services as is agreed to by the director and the board of health | 47297 |
| of the contracting health district. The director may reevaluate | 47298 |
| the credentials of the inspection personnel and their radiation | 47299 |
| detecting and measuring equipment as often as the director | 47300 |
| considers necessary and may terminate any contract with the board | 47301 |
| of health of any health district that, in the director's opinion, | 47302 |
| is not satisfactorily performing the terms of the contract. | 47303 |
| (D) The director may enter at all reasonable times upon any | 47304 |
| public or private property to determine compliance with this | 47305 |
| chapter and rules adopted under it. | 47306 |
| Sec. 3770.061. There is hereby created in the state treasury | 47307 |
| the charitable gaming oversight fund. The state lottery commission | 47308 |
| shall credit to the fund any money it receives from the office of | 47309 |
| the attorney general under any agreement the commission and the | 47310 |
| office have entered into under division (I) of section 2915.08 of | 47311 |
| the Revised Code. The commission shall use money in the fund to | 47312 |
| provide oversight, licensing, and monitoring of charitable gaming | 47313 |
| activities in this state in accordance with the agreement and | 47314 |
| Chapter 2915. of the Revised Code. Not later than the first day of | 47315 |
| July of each fiscal year, or as soon as possible thereafter, the | 47316 |
| commission may certify to the office of budget and management any | 47317 |
| unobligated fund balances not necessary to be used under this | 47318 |
| section. The commission may request the office of budget and | 47319 |
| management to transfer these balances to the lottery profits | 47320 |
| education fund for use in accordance with section 3770.06 of the | 47321 |
| Revised Code. | 47322 |
| Sec. 3773.34. (A) The Ohio athletic commission shall adopt | 47323 |
| and may amend or rescind rules in accordance with Chapter 119. of | 47324 |
| the Revised Code, prescribing the conditions under which prize | 47325 |
| fights and public boxing or wrestling matches or exhibitions may | 47326 |
| be conducted, classifying professional boxers by weight, and | 47327 |
| providing for the administration of sections 3773.31 to 3773.57 of | 47328 |
| the Revised Code. The rules may require that an applicant for a | 47329 |
| contestant's license to participate in a public boxing match or | 47330 |
| exhibition take an HIV test, as defined in section 3701.24 of the | 47331 |
| Revised Code, before being issued the contestant's license and may | 47332 |
| require that a licensed contestant take such an HIV test before | 47333 |
| participating in a public boxing match or exhibition. The | 47334 |
| commission, or the commission's executive director when authorized | 47335 |
| by the commission, may issue, deny, suspend, or revoke permits to | 47336 |
| hold prize fights and public boxing or wrestling matches or | 47337 |
| exhibitions | 47338 |
| revoke licenses to persons engaged in any public boxing match or | 47339 |
| exhibition as authorized by sections 3773.31 to 3773.57 of the | 47340 |
| Revised Code. | 47341 |
| (B) In addition to the duties set forth in this chapter, the | 47342 |
| Ohio athletic commission shall take action as necessary to carry | 47343 |
| out the provisions of Chapter 4771. of the Revised Code governing | 47344 |
| athlete agents. | 47345 |
| (C) On or before the thirty-first day of December of each | 47346 |
| year, the commission shall make a report to the governor of its | 47347 |
| proceedings for the year ending on the first day of December of | 47348 |
| that calendar year, and may include in the report any | 47349 |
| recommendations pertaining to its duties. | 47350 |
| Sec. 3773.38. Each person who holds a promoter's license | 47351 |
| issued under section 3773.36 of the Revised Code who desires to | 47352 |
| conduct a public boxing or wrestling match or exhibition where one | 47353 |
| or more contests are to be held shall obtain a permit from the | 47354 |
| Ohio athletic commission or the commission's executive director | 47355 |
| when the executive director is authorized by the commission to | 47356 |
| issue those types of permits. Application for such a permit shall | 47357 |
| be made in writing and on forms prescribed by the commission, | 47358 |
| shall be filed with the commission, and shall be accompanied by | 47359 |
| the permit fee prescribed in section 3773.43 of the Revised Code. | 47360 |
| The application for a permit issued under this section shall | 47361 |
| include the date and starting time of the match or exhibition, the | 47362 |
| address of the place where the match or exhibition is to be held, | 47363 |
| the names of the contestants, the seating capacity of the building | 47364 |
| or hall where the exhibition is to be held, the admission charge | 47365 |
| or any other charges, the amount of compensation or the percentage | 47366 |
| of gate receipts to be paid to each contestant, the name and | 47367 |
| address of the applicant, a copy of the current official rules | 47368 |
| that govern the particular sport, and the serial number of the | 47369 |
| applicant's promoter's license. | 47370 |
| The commission, or the commission's executive director when | 47371 |
| authorized by the commission, may require the applicant to deposit | 47372 |
| with the commission before a public boxing match or exhibition a | 47373 |
| cash bond, certified check, bank draft, or surety bond in an | 47374 |
| amount equal to five per cent of the estimated gross receipts from | 47375 |
| the match or exhibition. | 47376 |
| Sec. 3773.39. (A) Upon receipt of an application for a | 47377 |
| permit to hold a public boxing or wrestling match or exhibition | 47378 |
| under section 3773.38 of the Revised Code, the Ohio athletic | 47379 |
| commission, or the commission's executive director when authorized | 47380 |
| by the commission, shall determine if the applicant holds a valid | 47381 |
| promoter's license issued pursuant to section 3773.36 of the | 47382 |
| Revised Code. Upon receipt of an application for a permit to hold | 47383 |
| a public boxing match or exhibition, the commission, or the | 47384 |
| commission's executive director when authorized by the commission, | 47385 |
| also shall determine if the contestants are evenly and fairly | 47386 |
| matched according to skill, experience, and weight so as to | 47387 |
| produce a fair and sportsmanlike contest, and whether the | 47388 |
| applicant is financially responsible and is able to pay to each | 47389 |
| contestant the compensation or percentage of the gate receipts | 47390 |
| named in the application. The commission, or the commission's | 47391 |
| executive director when authorized by the commission, may, if | 47392 |
| applicable, require the applicant to deposit with it within | 47393 |
| forty-eight hours before the match or exhibition the total | 47394 |
| compensation or estimated portion of gate receipts to be paid all | 47395 |
| contestants named in the application made under section 3773.38 of | 47396 |
| the Revised Code. | 47397 |
| (B) If the commission, or the commission's executive director | 47398 |
| when authorized by the commission, determines that the applicant | 47399 |
| has met all the requirements specified in division (A) of this | 47400 |
|
section, | 47401 |
| applicant a permit to conduct the match or exhibition. If the | 47402 |
| applicant fails to deposit any compensation or portion of gate | 47403 |
| receipts required by the commission, or executive director before | 47404 |
| the first contest of the match or exhibition is held, the | 47405 |
| commission, or the commission's executive director when authorized | 47406 |
| by the commission, may revoke the permit and order the applicant | 47407 |
| not to conduct the match or exhibition described in the permit. | 47408 |
| (C) Each permit issued pursuant to this section shall bear | 47409 |
| the name and post office address of the applicant, the address of | 47410 |
| the place where the public boxing or wrestling match or exhibition | 47411 |
| is to be held, the date and starting time of the match or | 47412 |
| exhibition, and a serial number designated by the commission. | 47413 |
| A permit issued under this section shall allow the permit | 47414 |
| holder to conduct only the match or exhibition named in the | 47415 |
| permit. A permit is not transferable. | 47416 |
| Sec. 3773.40. No person who holds a promoter's license to | 47417 |
| conduct a public boxing match or exhibition under section 3773.36 | 47418 |
| of the Revised Code shall: | 47419 |
| (A) Hold any match or exhibition at any time or place other | 47420 |
| than that stated on a permit issued under section 3773.38 of the | 47421 |
| Revised Code; | 47422 |
| (B) Allow any contestant to participate in the match or | 47423 |
| exhibition unless the contestant is the licensed contestant named | 47424 |
| in the application for such permit or a licensed contestant | 47425 |
| authorized to compete as a substitute for such a contestant by the | 47426 |
| inspector assigned to the facility where the match or exhibition | 47427 |
| is held for that match or exhibition; | 47428 |
| (C) Charge a higher admission price for a match or exhibition | 47429 |
| than that stated in the application; | 47430 |
| (D) Pay a greater compensation or percentage of the gate | 47431 |
| receipts to any contestant than that stated in the application. | 47432 |
| The Ohio athletic commission, or the commission's executive | 47433 |
| director when authorized by the commission, upon application by a | 47434 |
| holder of a permit under section 3773.38 of the Revised Code, may | 47435 |
| allow the permit holder to hold the match or exhibition for which | 47436 |
| the permit was issued at an alternative site that is within the | 47437 |
| same municipal corporation or township and that offers | 47438 |
| substantially similar seating facilities, or allow the permit | 47439 |
| holder to substitute contestants or seconds, provided that the | 47440 |
| substitute contestants are evenly matched with their opponents in | 47441 |
| skill, experience, and weight. | 47442 |
| Sec. 3773.57. The Ohio athletic commission and the | 47443 |
| commission's executive director shall not issue a license or | 47444 |
| permit to conduct public boxing or wrestling matches or | 47445 |
| exhibitions in a municipal corporation or the unincorporated | 47446 |
| portion of a township if the commission or the commission's | 47447 |
| executive director determines that the legislative authority of | 47448 |
| the municipal corporation or board of township trustees has in | 47449 |
| effect an ordinance or resolution prohibiting such matches or | 47450 |
| exhibitions. | 47451 |
| Sec. 3781.07. There is hereby established in the department | 47452 |
| of commerce a board of building standards
consisting of | 47453 |
| members appointed by the governor with the advice and consent of | 47454 |
| the senate. The board shall appoint a secretary who shall serve in | 47455 |
| the unclassified civil service for a term of six years at a salary | 47456 |
| fixed pursuant to Chapter 124. of the Revised Code. The board may | 47457 |
| employ additional staff in the classified civil service. The | 47458 |
| secretary may be removed by the board under the rules the board | 47459 |
| adopts. Terms of office shall be for four years, commencing on the | 47460 |
| fourteenth day of October and ending on the thirteenth day of | 47461 |
| October. Each member shall hold office from the date of | 47462 |
| appointment until the end of the term for which the member was | 47463 |
| appointed. Any member appointed to fill a vacancy occurring prior | 47464 |
| to the expiration of the term for which the member's predecessor | 47465 |
| was appointed shall hold office for the remainder of such term. | 47466 |
| Any member shall continue in office subsequent to the expiration | 47467 |
| date of the member's term until the member's successor takes | 47468 |
| office, or until a period of sixty days has elapsed, whichever | 47469 |
| occurs first. One of the members appointed to the board shall be | 47470 |
| an attorney at law, admitted to the bar of this state; two shall | 47471 |
| be registered architects; two shall be professional engineers, one | 47472 |
| in the field of mechanical and one in the field of structural | 47473 |
| engineering, each of whom shall be duly licensed to practice such | 47474 |
| profession in this state; one shall be a person of recognized | 47475 |
| ability, broad training, and fifteen years experience in problems | 47476 |
| and practice incidental to the construction and equipment of | 47477 |
| buildings specified in section 3781.06 of the Revised Code; one | 47478 |
| shall be a person with recognized ability and experience in the | 47479 |
| manufacture and construction of industrialized units as defined in | 47480 |
| section 3781.06 of the Revised Code; one shall be a member of the | 47481 |
| fire service with recognized ability and broad training in the | 47482 |
| field of fire protection and suppression; one shall be a person | 47483 |
| with at least ten years of experience and recognized expertise in | 47484 |
| building codes and standards and the manufacture of construction | 47485 |
| materials; | 47486 |
| in residential and commercial construction; and one, chosen from a | 47487 |
| list of three names the Ohio municipal league submits to the | 47488 |
| governor, shall be the mayor of a municipal corporation in which | 47489 |
| the Ohio residential and nonresidential building codes are being | 47490 |
| enforced in the municipal corporation by a certified building | 47491 |
| department. Each member of the board, not otherwise required to | 47492 |
| take an oath of office, shall take the oath prescribed by the | 47493 |
| constitution. Each member shall receive as compensation an amount | 47494 |
| fixed pursuant to division (J) of section 124.15 of the Revised | 47495 |
| Code, and shall receive actual and necessary expenses in the | 47496 |
| performance of official duties. The amount of such expenses shall | 47497 |
| be certified by the secretary of the board and paid in the same | 47498 |
| manner as the expenses of employees of the department of commerce | 47499 |
| are paid. | 47500 |
| Sec. 3781.10. (A)(1) The board of building standards shall | 47501 |
| formulate and adopt rules governing the erection, construction, | 47502 |
| repair, alteration, and maintenance of all buildings or classes of | 47503 |
| buildings specified in section 3781.06 of the Revised Code, | 47504 |
| including land area incidental to those buildings, the | 47505 |
| construction of industrialized units, the installation of | 47506 |
| equipment, and the standards or requirements for materials used in | 47507 |
| connection with those buildings. The board shall incorporate those | 47508 |
| rules into separate residential and nonresidential building codes. | 47509 |
| The standards shall relate to the conservation of energy and the | 47510 |
| safety and sanitation of those buildings. | 47511 |
| (2) The rules governing nonresidential buildings are the | 47512 |
| lawful minimum requirements specified for those buildings and | 47513 |
| industrialized units, except that no rule other than as provided | 47514 |
| in division (C) of section 3781.108 of the Revised Code that | 47515 |
| specifies a higher requirement than is imposed by any section of | 47516 |
| the Revised Code is enforceable. The rules governing residential | 47517 |
| buildings are uniform requirements for residential buildings in | 47518 |
| any area with a building department certified to enforce the state | 47519 |
| residential building code. In no case shall any local code or | 47520 |
| regulation differ from the state residential building code unless | 47521 |
| that code or regulation addresses subject matter not addressed by | 47522 |
| the state residential building code or is adopted pursuant to | 47523 |
| section 3781.01 of the Revised Code. | 47524 |
| (3) The rules adopted pursuant to this section are complete, | 47525 |
| lawful alternatives to any requirements specified for buildings or | 47526 |
| industrialized units in any section of the Revised Code. The board | 47527 |
| shall, on its own motion or on application made under sections | 47528 |
| 3781.12 and 3781.13 of the Revised Code, formulate, propose, | 47529 |
| adopt, modify, amend, or repeal the rules to the extent necessary | 47530 |
| or desirable to effectuate the purposes of sections 3781.06 to | 47531 |
| 3781.18 of the Revised Code. | 47532 |
| (B) The board shall report to the general assembly proposals | 47533 |
| for amendments to existing statutes relating to the purposes | 47534 |
| declared in section 3781.06 of the Revised Code that public health | 47535 |
| and safety and the development of the arts require and shall | 47536 |
| recommend any additional legislation to assist in carrying out | 47537 |
| fully, in statutory form, the purposes declared in that section. | 47538 |
| The board shall prepare and submit to the general assembly a | 47539 |
| summary report of the number, nature, and disposition of the | 47540 |
| petitions filed under sections 3781.13 and 3781.14 of the Revised | 47541 |
| Code. | 47542 |
| (C) On its own motion or on application made under sections | 47543 |
| 3781.12 and 3781.13 of the Revised Code, and after thorough | 47544 |
| testing and evaluation, the board shall determine by rule that any | 47545 |
| particular fixture, device, material, process of manufacture, | 47546 |
| manufactured unit or component, method of manufacture, system, or | 47547 |
| method of construction complies with performance standards adopted | 47548 |
| pursuant to section 3781.11 of the Revised Code. The board shall | 47549 |
| make its determination with regard to adaptability for safe and | 47550 |
| sanitary erection, use, or construction, to that described in any | 47551 |
| section of the Revised Code, wherever the use of a fixture, | 47552 |
| device, material, method of manufacture, system, or method of | 47553 |
| construction described in that section of the Revised Code is | 47554 |
| permitted by law. The board shall amend or annul any rule or issue | 47555 |
| an authorization for the use of a new material or manufactured | 47556 |
| unit on any like application. No department, officer, board, or | 47557 |
| commission of the state other than the board of building standards | 47558 |
| or the board of building appeals shall permit the use of any | 47559 |
| fixture, device, material, method of manufacture, newly designed | 47560 |
| product, system, or method of construction at variance with what | 47561 |
| is described in any rule the board of building standards adopts or | 47562 |
| issues or that is authorized by any section of the Revised Code. | 47563 |
| Nothing in this section shall be construed as requiring approval, | 47564 |
| by rule, of plans for an industrialized unit that conforms with | 47565 |
| the rules the board of building standards adopts pursuant to | 47566 |
| section 3781.11 of the Revised Code. | 47567 |
| (D) The board shall recommend rules, codes, and standards to | 47568 |
| help carry out the purposes of section 3781.06 of the Revised Code | 47569 |
| and to help secure uniformity of state administrative rulings and | 47570 |
| local legislation and administrative action to the bureau of | 47571 |
| workers' compensation, the director of commerce, any other | 47572 |
| department, officer, board, or commission of the state, and to | 47573 |
| legislative authorities and building departments of counties, | 47574 |
| townships, and municipal corporations, and shall recommend that | 47575 |
| they audit those recommended rules, codes, and standards by any | 47576 |
| appropriate action that they are allowed pursuant to law or the | 47577 |
| constitution. | 47578 |
| (E)(1) The board shall certify municipal, township, and | 47579 |
| county building departments and the personnel of those building | 47580 |
| departments, and persons and employees of individuals, firms, or | 47581 |
| corporations as described in division (E)(7) of this section to | 47582 |
| exercise enforcement authority, to accept and approve plans and | 47583 |
| specifications, and to make inspections, pursuant to sections | 47584 |
| 3781.03, 3791.04, and 4104.43 of the Revised Code. | 47585 |
| (2) The board shall certify departments, personnel, and | 47586 |
| persons to enforce the state residential building code, to enforce | 47587 |
| the nonresidential building code, or to enforce both the | 47588 |
| residential and the nonresidential building codes. Any department, | 47589 |
| personnel, or person may enforce only the type of building code | 47590 |
| for which certified. | 47591 |
| (3) The board shall not require a building department, its | 47592 |
| personnel, or any persons that it employs to be certified for | 47593 |
| residential building code enforcement if that building department | 47594 |
| does not enforce the state residential building code. The board | 47595 |
| shall specify, in rules adopted pursuant to Chapter 119. of the | 47596 |
| Revised Code, the requirements for certification for residential | 47597 |
| and nonresidential building code enforcement, which shall be | 47598 |
| consistent with this division. The requirements for residential | 47599 |
| and nonresidential certification may differ. Except as otherwise | 47600 |
| provided in this division, the requirements shall include, but are | 47601 |
| not limited to, the satisfactory completion of an initial | 47602 |
| examination and, to remain certified, the completion of a | 47603 |
| specified number of hours of continuing building code education | 47604 |
| within each three-year period following the date of certification | 47605 |
| which shall be not less than thirty hours. The rules shall provide | 47606 |
| that continuing education credits and certification issued by the | 47607 |
| council of American building officials, national model code | 47608 |
| organizations, and agencies or entities the board recognizes are | 47609 |
| acceptable for purposes of this division. The rules shall specify | 47610 |
| requirements that are compatible, to the extent possible, with | 47611 |
| requirements the council of American building officials and | 47612 |
| national model code organizations establish. | 47613 |
| (4) The board shall establish and collect a certification and | 47614 |
| renewal fee for building department personnel, and persons and | 47615 |
| employees of persons, firms, or corporations as described in this | 47616 |
| section, who are certified pursuant to this division. | 47617 |
| (5) Any individual certified pursuant to this division shall | 47618 |
| complete the number of hours of continuing building code education | 47619 |
| that the board requires or, for failure to do so, forfeit | 47620 |
| certification. | 47621 |
| (6) This division does not require or authorize the board to | 47622 |
| certify personnel of municipal, township, and county building | 47623 |
| departments, and persons and employees of persons, firms, or | 47624 |
| corporations as described in this section, whose responsibilities | 47625 |
| do not include the exercise of enforcement authority, the approval | 47626 |
| of plans and specifications, or making inspections under the state | 47627 |
| residential and nonresidential building codes. | 47628 |
| (7) Enforcement authority for approval of plans and | 47629 |
| specifications and enforcement authority for inspections may be | 47630 |
| exercised, and plans and specifications may be approved and | 47631 |
| inspections may be made on behalf of a municipal corporation, | 47632 |
| township, or county, by any of the following who the board of | 47633 |
| building standards certifies: | 47634 |
| (a) Officers or employees of the municipal corporation, | 47635 |
| township, or county; | 47636 |
| (b) Persons, or employees of persons, firms, or corporations, | 47637 |
| pursuant to a
contract to furnish architectural | 47638 |
| or other services to the municipal corporation, township, or | 47639 |
| county; | 47640 |
| (c) Officers or employees of, and persons under contract | 47641 |
| with, a municipal corporation, township, county, health district, | 47642 |
| or other political subdivision, pursuant to a contract to furnish | 47643 |
| architectural | 47644 |
| (8) Municipal, township, and county building departments have | 47645 |
| jurisdiction within the meaning of sections 3781.03, 3791.04, and | 47646 |
| 4104.43 of the Revised Code, only with respect to the types of | 47647 |
| buildings and subject matters for which they are certified under | 47648 |
| this section. | 47649 |
| (9) Certification shall be granted upon application by the | 47650 |
| municipal corporation, the board of township trustees, or the | 47651 |
| board of county commissioners and approval of that application by | 47652 |
| the board of building standards. The application shall set forth: | 47653 |
| (a) Whether the certification is requested for residential or | 47654 |
| nonresidential buildings, or both; | 47655 |
| (b) The number and qualifications of the staff composing the | 47656 |
| building department; | 47657 |
| (c) The names, addresses, and qualifications of persons, | 47658 |
| firms, or corporations contracting to furnish work or services | 47659 |
| pursuant to division (E)(7)(b) of this section; | 47660 |
| (d) The names of any other municipal corporation, township, | 47661 |
| county, health district, or political subdivision under contract | 47662 |
| to furnish work or services pursuant to division (E)(7) of this | 47663 |
| section; | 47664 |
| (e) The proposed budget for the operation of the building | 47665 |
| department. | 47666 |
| (10) The board of building standards shall adopt rules | 47667 |
| governing all of the following: | 47668 |
| (a) The certification of building department personnel and | 47669 |
| persons and employees of persons, firms, or corporations | 47670 |
| exercising authority pursuant to division (E)(7) of this section. | 47671 |
| The rules shall disqualify any employee of the department or | 47672 |
| person who contracts for services with the department from | 47673 |
| performing services for the department when that employee or | 47674 |
| person would have to pass upon, inspect, or otherwise exercise | 47675 |
| authority over any labor, material, or equipment the employee or | 47676 |
| person furnishes for the construction, alteration, or maintenance | 47677 |
| of a building or the preparation of working drawings or | 47678 |
| specifications for work within the jurisdictional area of the | 47679 |
| department. The department shall provide other similarly qualified | 47680 |
| personnel to enforce the residential and nonresidential building | 47681 |
| codes as they pertain to that work. | 47682 |
| (b) The minimum services to be provided by a certified | 47683 |
| building department. | 47684 |
| (11) The board of building standards may revoke or suspend | 47685 |
| certification to enforce the residential and nonresidential | 47686 |
| building codes, on petition to the board by any person affected by | 47687 |
| that enforcement or approval of plans, or by the board on its own | 47688 |
| motion. Hearings shall be held and appeals permitted on any | 47689 |
| proceedings for certification or revocation or suspension of | 47690 |
| certification in the same manner as provided in section 3781.101 | 47691 |
| of the Revised Code for other proceedings of the board of building | 47692 |
| standards. | 47693 |
| (12) Upon certification, and until that authority is revoked, | 47694 |
| any county or township building department shall enforce the | 47695 |
| residential and nonresidential building codes for which it is | 47696 |
| certified without regard to limitation upon the authority of | 47697 |
| boards of county commissioners under Chapter 307. of the Revised | 47698 |
| Code or boards of township trustees under Chapter 505. of the | 47699 |
| Revised Code. | 47700 |
| (F) In addition to hearings sections 3781.06 to 3781.18 and | 47701 |
| 3791.04 of the Revised Code require, the board of building | 47702 |
| standards shall make investigations and tests, and require from | 47703 |
| other state departments, officers, boards, and commissions | 47704 |
| information the board considers necessary or desirable to assist | 47705 |
| it in the discharge of any duty or the exercise of any power | 47706 |
| mentioned in this section or in sections 3781.06 to 3781.18, | 47707 |
| 3791.04, and 4104.43 of the Revised Code. | 47708 |
| (G) The board shall adopt rules and establish reasonable fees | 47709 |
| for the review of all applications submitted where the applicant | 47710 |
| applies for authority to use a new material, assembly, or product | 47711 |
| of a manufacturing process. The fee shall bear some reasonable | 47712 |
| relationship to the cost of the review or testing of the | 47713 |
| materials, assembly, or products and for the notification of | 47714 |
| approval or disapproval as provided in section 3781.12 of the | 47715 |
| Revised Code. | 47716 |
| (H) The residential construction advisory committee shall | 47717 |
| provide the board with a proposal for a state residential building | 47718 |
| code that the committee recommends pursuant to division (C)(1) of | 47719 |
| section 4740.14 of the Revised Code. Upon receiving a | 47720 |
| recommendation from the committee that is acceptable to the board, | 47721 |
| the board shall adopt rules establishing that code as the state | 47722 |
| residential building code. | 47723 |
| (I) The board shall cooperate with the director of job and | 47724 |
| family services when the director promulgates rules pursuant to | 47725 |
| section 5104.05 of the Revised Code regarding safety and | 47726 |
| sanitation in type A family day-care homes. | 47727 |
| (J) The board shall adopt rules to implement the requirements | 47728 |
| of section 3781.108 of the Revised Code. | 47729 |
| Sec. 3781.102. (A) Any county or municipal building | 47730 |
| department certified pursuant to division (E) of section 3781.10 | 47731 |
| of the Revised Code as of September 14, 1970, and that, as of that | 47732 |
| date, was inspecting single-family, two-family, and three-family | 47733 |
| residences, and any township building department certified | 47734 |
| pursuant to division (E) of section 3781.10 of the Revised Code, | 47735 |
| is hereby declared to be certified to inspect single-family, | 47736 |
| two-family, and three-family residences containing industrialized | 47737 |
| units, and shall inspect the buildings or classes of buildings | 47738 |
| subject to division (E) of section 3781.10 of the Revised Code. | 47739 |
| (B) Each board of county commissioners may adopt, by | 47740 |
| resolution, rules establishing standards and providing for the | 47741 |
| licensing of electrical and heating, ventilating, and air | 47742 |
| conditioning contractors who are not required to hold a valid and | 47743 |
| unexpired license pursuant to Chapter 4740. of the Revised Code. | 47744 |
| Rules adopted by a board of county commissioners pursuant to | 47745 |
| this division may be enforced within the unincorporated areas of | 47746 |
| the county and within any municipal corporation where the | 47747 |
| legislative authority of the municipal corporation has contracted | 47748 |
| with the board for the enforcement of the county rules within the | 47749 |
| municipal corporation pursuant to section 307.15 of the Revised | 47750 |
| Code. The rules shall not conflict with rules adopted by the board | 47751 |
| of building standards pursuant to section 3781.10 of the Revised | 47752 |
| Code or by the department of commerce pursuant to Chapter 3703. of | 47753 |
| the Revised Code. This division does not impair or restrict the | 47754 |
| power of municipal corporations under Section 3 of Article XVIII, | 47755 |
| Ohio Constitution, to adopt rules concerning the erection, | 47756 |
| construction, repair, alteration, and maintenance of buildings and | 47757 |
| structures or of establishing standards and providing for the | 47758 |
| licensing of specialty contractors pursuant to section 715.27 of | 47759 |
| the Revised Code. | 47760 |
| A board of county commissioners, pursuant to this division, | 47761 |
| may require all electrical contractors and heating, ventilating, | 47762 |
| and air conditioning contractors, other than those who hold a | 47763 |
| valid and unexpired license issued pursuant to Chapter 4740. of | 47764 |
| the Revised Code, to successfully complete an examination, test, | 47765 |
| or demonstration of technical skills, and may impose a fee and | 47766 |
| additional requirements for a license to engage in their | 47767 |
| respective occupations within the jurisdiction of the board's | 47768 |
| rules under this division. | 47769 |
| (C) No board of county commissioners shall require any | 47770 |
| specialty contractor who holds a valid and unexpired license | 47771 |
| issued pursuant to Chapter 4740. of the Revised Code to | 47772 |
| successfully complete an examination, test, or demonstration of | 47773 |
| technical skills in order to engage in the type of contracting for | 47774 |
| which the license is held, within the unincorporated areas of the | 47775 |
| county and within any municipal corporation whose legislative | 47776 |
| authority has contracted with the board for the enforcement of | 47777 |
| county regulations within the municipal corporation, pursuant to | 47778 |
| section 307.15 of the Revised Code. | 47779 |
| (D) A board may impose a fee for registration of a specialty | 47780 |
| contractor who holds a valid and unexpired license issued pursuant | 47781 |
| to Chapter 4740. of the Revised Code before that specialty | 47782 |
| contractor may engage in the type of contracting for which the | 47783 |
| license is held within the unincorporated areas of the county and | 47784 |
| within any municipal corporation whose legislative authority has | 47785 |
| contracted with the board for the enforcement of county | 47786 |
| regulations within the municipal corporation, pursuant to section | 47787 |
| 307.15 of the Revised Code, provided that the fee is the same for | 47788 |
| all specialty contractors who wish to engage in that type of | 47789 |
| contracting. If a board imposes such a fee, the board immediately | 47790 |
| shall permit a specialty contractor who presents proof of holding | 47791 |
| a valid and unexpired license and pays the required fee to engage | 47792 |
| in the type of contracting for which the license is held within | 47793 |
| the unincorporated areas of the county and within any municipal | 47794 |
| corporation whose legislative authority has contracted with the | 47795 |
| board for the enforcement of county regulations within the | 47796 |
| municipal corporation, pursuant to section 307.15 of the Revised | 47797 |
| Code. | 47798 |
| (E) The political subdivision associated with each municipal, | 47799 |
| township, and county building department the board of building | 47800 |
| standards certifies pursuant to division (E) of section 3781.10 of | 47801 |
| the Revised Code may prescribe fees to be paid by persons, | 47802 |
| political subdivisions, or any department, agency, board, | 47803 |
| commission, or institution of the state, for the acceptance and | 47804 |
| approval of plans and specifications, and for the making of | 47805 |
| inspections, pursuant to sections 3781.03 and 3791.04 of the | 47806 |
| Revised Code. | 47807 |
| (F) Each political subdivision that prescribes fees pursuant | 47808 |
| to division (E) of this section shall collect, on behalf of the | 47809 |
| board of building standards, fees equal to the following: | 47810 |
| (1) Three per cent of the fees the political subdivision | 47811 |
| collects in connection with nonresidential buildings; | 47812 |
| (2) One per cent of the fees the political subdivision | 47813 |
| collects in connection with residential buildings. | 47814 |
| (G)(1) The board shall adopt rules, in accordance with | 47815 |
| Chapter 119. of the Revised Code, specifying the manner in which | 47816 |
| the fee assessed pursuant to division (F) of this section shall be | 47817 |
| collected and remitted monthly to the board. The board shall pay | 47818 |
| the fees into the state treasury to the credit of the industrial | 47819 |
| compliance operating fund created in section 121.084 of the | 47820 |
| Revised Code. | 47821 |
| (2) All money credited to the industrial compliance operating | 47822 |
| fund under this division shall be used exclusively for the | 47823 |
| following: | 47824 |
| (a) Operating costs of the board; | 47825 |
| (b) Providing services, including educational programs, for | 47826 |
| the building departments that are certified by the board pursuant | 47827 |
| to division (E) of section 3781.10 of the Revised Code; | 47828 |
| (c) Paying the expenses of the residential construction | 47829 |
| advisory committee, including the expenses of committee members as | 47830 |
| provided in section 4740.14 of the Revised Code. | 47831 |
| (H) A board of county commissioners that adopts rules | 47832 |
| providing for the licensing of electrical and heating, | 47833 |
| ventilating, and air conditioning contractors, pursuant to | 47834 |
| division (B) of this section, may accept, for purposes of | 47835 |
| satisfying the requirements of rules adopted under that division, | 47836 |
| a valid and unexpired license issued pursuant to Chapter 4740. of | 47837 |
| the Revised Code that is held by an electrical or heating, | 47838 |
| ventilating, and air conditioning contractor, for the | 47839 |
| construction, replacement, maintenance, or repair of one-family, | 47840 |
| two-family, or three-family dwelling houses or accessory | 47841 |
| structures incidental to those dwelling houses. | 47842 |
| (I) A board of county commissioners shall not register a | 47843 |
| specialty contractor who is required to hold a license under | 47844 |
| Chapter 4740. of the Revised Code but does not hold a valid | 47845 |
| license issued under that chapter. | 47846 |
| (J) As used in this section, "specialty contractor" means a | 47847 |
| heating, ventilating, and air conditioning contractor, | 47848 |
| refrigeration contractor, electrical contractor, plumbing | 47849 |
| contractor, or hydronics contractor, as those contractors are | 47850 |
| described in Chapter 4740. of the Revised Code. | 47851 |
| Sec. 3781.191. The Ohio board of building appeals has no | 47852 |
| authority to hear any case based on the Ohio residential building | 47853 |
| code or to grant any variance to the Ohio residential building | 47854 |
| code. | 47855 |
| Sec. 3793.09. (A) There is hereby created the council on | 47856 |
| alcohol and drug addiction services which shall consist of the | 47857 |
| public officials specified in division (B) of this section, or | 47858 |
| their designees, and thirteen members appointed by the governor | 47859 |
| with the advice and consent of the senate. The members appointed | 47860 |
| by the governor shall be representatives of the following: boards | 47861 |
| of alcohol, drug addiction, and mental health services; the | 47862 |
| criminal and juvenile justice systems; and alcohol and drug | 47863 |
| addiction programs. At least four of the appointed members shall | 47864 |
| be persons who have received or are receiving alcohol or drug | 47865 |
| addiction services or are parents or other relatives of such | 47866 |
| persons; of these at least two shall be women and at least one | 47867 |
| shall be a member of a minority group. | 47868 |
| The governor shall make initial appointments to the council | 47869 |
| not later than thirty days after October 10, 1989. Of the initial | 47870 |
| appointments, six shall be for terms ending July 31, 1991, and | 47871 |
| seven shall be for terms ending July 31, 1992. Thereafter, terms | 47872 |
| of office shall be two years, with each term ending on the same | 47873 |
| day of the same month as the term it succeeds. Each member shall | 47874 |
| hold office from the date of the member's appointment until the | 47875 |
| end of the term for which the member was appointed. Members may be | 47876 |
| reappointed. Vacancies shall be filled in the same manner as | 47877 |
| original appointments. Any member appointed to fill a vacancy | 47878 |
| occurring prior to the expiration of the term for which the | 47879 |
| member's predecessor was appointed shall hold office as a member | 47880 |
| for the remainder of the term. A member shall continue in office | 47881 |
| subsequent to the expiration of the member's term until the | 47882 |
| member's successor takes office or until a period of sixty days | 47883 |
| has elapsed, whichever occurs first. | 47884 |
| (B) The directors of health, public safety, mental health, | 47885 |
| rehabilitation and correction, and youth services; the | 47886 |
| superintendents of public instruction and liquor control; the | 47887 |
| attorney general; the adjutant general; and the executive director | 47888 |
| of the | 47889 |
| department of public safety shall be voting members of the | 47890 |
| council, except that any of these officials may designate an | 47891 |
| individual to serve in the official's place as a voting member of | 47892 |
| the council. The director of alcohol and drug addiction services | 47893 |
| shall serve as a nonvoting member of the council. | 47894 |
| (C) The governor shall annually appoint a | 47895 |
| chairperson from among the members of the council. The council | 47896 |
| shall meet
quarterly and at other times the | 47897 |
| considers necessary. In addition to other duties specified in this | 47898 |
| chapter, the council shall review the development of the | 47899 |
| comprehensive statewide plan for alcohol and drug addiction | 47900 |
| services, revisions of the plan, and other actions taken to | 47901 |
| implement the purposes of this chapter by the department of | 47902 |
| alcohol and drug addiction services and shall act as an advisory | 47903 |
| council to the director of alcohol and drug addiction services. | 47904 |
| (D) Members of the council shall serve without compensation, | 47905 |
| but shall be paid actual and necessary expenses incurred in the | 47906 |
| performance of their duties. | 47907 |
| Sec. 3901.021. (A) Three-fourths of all appointment and | 47908 |
| other
fees collected under
section 3905.10 | 47909 |
| section
3905.20 | 47910 |
| Revised Code shall be paid into the state treasury to the credit | 47911 |
| of the department of insurance operating fund, which is hereby | 47912 |
| created. The remaining one-fourth shall be credited to the general | 47913 |
| revenue
fund. | 47914 |
| of insurance, such as registration fees for sponsored seminars or | 47915 |
| conferences and grants from private entities, shall be paid into | 47916 |
| the state treasury to the credit of the department of insurance | 47917 |
| operating fund. | 47918 |
| (B) Seven-tenths of all fees collected under divisions | 47919 |
| (A)(2), (A)(3), and (A)(6) of section 3905.40 of the Revised Code | 47920 |
| shall be paid into the state treasury to the credit of the | 47921 |
| department of insurance operating fund. The remaining three-tenths | 47922 |
| shall be credited to the general revenue fund. | 47923 |
| (C) All operating expenses of the department of insurance | 47924 |
| except those expenses defined under section 3901.07 of the Revised | 47925 |
| Code shall be paid from the department of insurance operating | 47926 |
| fund. | 47927 |
| Sec. 3901.17. (A) As used in this section: | 47928 |
| (1) "Captive insurer" has the meaning defined in section | 47929 |
| 3905.36 of the Revised Code. | 47930 |
| (2) "Insurer" includes, but is not limited to, any person | 47931 |
| that is an affiliate of or affiliated with the insurer, as defined | 47932 |
| in division (A) of section 3901.32 of the Revised Code, and any | 47933 |
| person that is a subsidiary of the insurer as defined in division | 47934 |
| (F) of section 3901.32 of the Revised Code. | 47935 |
| | 47936 |
| meaning defined in division (A)(1) of section 3901.04 of the | 47937 |
| Revised Code. | 47938 |
| | 47939 |
| section 3901.19 of the Revised Code. | 47940 |
| (B) Any of the following acts in this state, effected by mail | 47941 |
| or otherwise, by any foreign or alien insurer not authorized to | 47942 |
| transact business within this state, any nonresident person acting | 47943 |
| on behalf of an insurer, or any nonresident insurance agent | 47944 |
| subjects the insurer, person, or agent to the exercise of personal | 47945 |
| jurisdiction over the insurer, person, or agent to the extent | 47946 |
| permitted by the constitutions of this state and of the United | 47947 |
| States: | 47948 |
| (1) Issuing or delivering contracts of insurance to residents | 47949 |
| of this state or to corporations authorized to do business | 47950 |
| therein; | 47951 |
| (2) Making or proposing to make any insurance contracts; | 47952 |
| (3) Soliciting, taking, or receiving any application for | 47953 |
| insurance; | 47954 |
| (4) Receiving or collecting any premium, commission, | 47955 |
| membership fee, assessment, dues, or other consideration for any | 47956 |
| insurance contract or any part thereof; | 47957 |
| (5) Disseminating information as to coverage or rates, | 47958 |
| forwarding applications, inspecting risks, fixing rates, | 47959 |
| investigating or adjusting claims or losses, transacting any | 47960 |
| matters subsequent to effecting a contract of insurance and | 47961 |
| arising out of it; | 47962 |
| (6) Doing any kind of business recognized as constituting the | 47963 |
| doing of an insurance business under Title XXXIX of the Revised | 47964 |
| Code or subject to regulation by the superintendent of insurance | 47965 |
| under the laws of this state relating to insurance. | 47966 |
| Any such act shall be considered to be the doing of an | 47967 |
| insurance business in this state by such insurer, person, or agent | 47968 |
| and shall be its agreement that service of any lawful subpoena, | 47969 |
| notice, order, or process is of the same legal force and validity | 47970 |
| as personal service of the subpoena, notice, order, or process in | 47971 |
| this state upon the insurer, person, or agent. | 47972 |
| (C) Service of process in judicial proceedings shall be as | 47973 |
| provided by the Rules of Civil Procedure. Service in or out of | 47974 |
| this state of notice, orders, or subpoenas in administrative | 47975 |
| proceedings before the superintendent shall be as provided in | 47976 |
| section 3901.04 of the Revised Code. | 47977 |
| (D) Service of any notice, order, subpoena, or process in any | 47978 |
| such action, suit, or proceeding shall, in addition to the manner | 47979 |
| provided in division (C) of this section, be valid if served upon | 47980 |
| any person within this state who, in this state on behalf of such | 47981 |
| insurer, person, or agent is or has been: | 47982 |
| (1) Soliciting, procuring, effecting, or negotiating for | 47983 |
| insurance; | 47984 |
| (2) Making, issuing, or delivering any contract of insurance; | 47985 |
| (3) Collecting or receiving any premium, membership fees, | 47986 |
| assessment, dues, or other consideration for insurance; | 47987 |
| (4) Disseminating information as to coverage or rates, | 47988 |
| forwarding applications, inspecting risks, fixing rates, | 47989 |
| investigating or adjusting claims or losses, or transacting any | 47990 |
| matters subsequent to effecting a contract of insurance and | 47991 |
| arising out of it. | 47992 |
| (E) Nothing in this section shall limit or abridge the right | 47993 |
| to serve any subpoena, order, process, notice, or demand upon any | 47994 |
| insurer, person, or agent in any other manner permitted by law. | 47995 |
| (F) Every person investigating or adjusting any loss or claim | 47996 |
| under a policy of insurance not excepted under division (I) of | 47997 |
| this section and issued by any such insurer and covering a subject | 47998 |
| of insurance that was resident, located, or to be performed in | 47999 |
| this state at the time of issuance shall immediately report the | 48000 |
| policy to the superintendent. | 48001 |
| (G) Each such insurer that does any of the acts set forth in | 48002 |
| division (B) of this section in this state by mail or otherwise | 48003 |
| shall be subject to a tax of five per cent on the gross premiums, | 48004 |
| membership fees, assessments, dues, and other considerations | 48005 |
| received on all contracts of insurance covering subjects of | 48006 |
| insurance resident, located, or to be performed within this state. | 48007 |
| Such insurer shall annually, on or before the first day of July, | 48008 |
| pay such tax to the treasurer of state, as calculated on a form | 48009 |
| prescribed by the treasurer of state. If the tax is not paid when | 48010 |
| due, the tax shall be increased by a penalty of twenty-five per | 48011 |
| cent. An interest charge computed as set forth in section 5725.221 | 48012 |
| of the Revised Code shall be made on the entire sum of the tax | 48013 |
| plus penalty, which interest shall be computed from the date the | 48014 |
| tax is due until it is paid. The treasurer of state shall | 48015 |
| determine and report all claims for penalties and interest | 48016 |
| accruing under this section to the attorney general for | 48017 |
| collection. | 48018 |
| For purposes of this division, payment is considered made | 48019 |
| when it is received by the treasurer of state, irrespective of any | 48020 |
| United States postal service marking or other stamp or mark | 48021 |
| indicating the date on which the payment may have been mailed. | 48022 |
| (H) No contract of insurance effected in this state by mail | 48023 |
| or otherwise by any such insurer is enforceable by the insurer. | 48024 |
| (I) This section does not apply to: | 48025 |
| (1) Insurance obtained pursuant to sections 3905.30 to | 48026 |
| 3905.36 of the Revised Code; | 48027 |
| (2) The transaction of reinsurance by insurers; | 48028 |
| (3) Transactions in this state involving a policy solicited, | 48029 |
| written, and delivered outside this state covering only subjects | 48030 |
| of insurance not resident, located, or to be performed in this | 48031 |
| state at the time of issuance, provided such transactions are | 48032 |
| subsequent to the issuance of the policy; | 48033 |
| (4) Transactions in this state involving a policy of group | 48034 |
| life or group accident and sickness insurance solicited, written, | 48035 |
| and delivered outside this state; | 48036 |
| (5) Transactions involving contracts of insurance | 48037 |
| independently procured through negotiations occurring entirely | 48038 |
| outside this state which are reported to the superintendent and | 48039 |
| with respect to which the tax provided by section 3905.36 of the | 48040 |
| Revised Code is paid; | 48041 |
| (6) An attorney at law acting on behalf of the attorney's | 48042 |
| clients in the adjustment of claims or losses; | 48043 |
| (7) | 48044 |
| any insurance company underwriter issuing contracts of insurance | 48045 |
| to employer insureds or contracts of insurance issued to an | 48046 |
| employer insured. For purposes of this section, an "employer | 48047 |
| insured" is an insured to whom all of the following apply: | 48048 |
| (a) The insured procures the insurance of any risk or risks | 48049 |
| by use of the services of a full-time employee acting as an | 48050 |
| insurance manager or buyer or the services of a regularly and | 48051 |
| continuously qualified insurance consultant. As used in division | 48052 |
| (I)(7)(a) of this section, a "regularly and continuously qualified | 48053 |
| insurance consultant" does not include any person licensed under | 48054 |
| Chapter 3905. of the Revised Code. | 48055 |
| (b) The insured's aggregate annual premiums for insurance on | 48056 |
| all risks total at least twenty-five thousand dollars; and | 48057 |
| (c) The insured has at least twenty-five full-time employees. | 48058 |
| (8) Ocean marine insurance; | 48059 |
| (9) Transactions involving policies issued by a captive | 48060 |
| insurer. | 48061 |
| Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of | 48062 |
| the Revised Code do not apply to the following: | 48063 |
| (A) Policies offering coverage that is regulated under | 48064 |
| Chapters 3935. and 3937. of the Revised Code; | 48065 |
| (B) An employer's self-insurance plan and any of its | 48066 |
| administrators, as defined in section 3959.01 of the Revised Code, | 48067 |
| to the extent that federal law supersedes, preempts, prohibits, or | 48068 |
| otherwise precludes the application of any provisions of those | 48069 |
| sections to the plan and its administrators; | 48070 |
| (C)(1) A third-party payer for coverage provided under the | 48071 |
|
medicare | 48072 |
| operated under Title
XVIII | 48073 |
| 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended; | 48074 |
| (2) A third-party payer for coverage provided under the | 48075 |
| medicaid program operated under Title XIX of the Social Security | 48076 |
| Act, except that if a federal waiver applied for under section | 48077 |
| 5101.93 of the Revised Code is granted or the director of job and | 48078 |
| family services determines that this provision can be implemented | 48079 |
| without a waiver, sections 3901.38 and 3901.381 to 3901.3813 of | 48080 |
| the Revised Code apply to claims submitted electronically or | 48081 |
| non-electronically that are made with respect to coverage of | 48082 |
| medicaid recipients by health insuring corporations licensed under | 48083 |
| Chapter 1751. of the Revised Code. | 48084 |
| (D) A third-party payer for coverage provided under the | 48085 |
| tricare program offered by the United States department of | 48086 |
| defense. | 48087 |
| Sec. 3901.78. | 48088 |
| 48089 | |
| 48090 | |
| 48091 | |
| 48092 | |
| 48093 | |
| 48094 | |
| 48095 | |
| or in any other circumstance that the superintendent of insurance | 48096 |
| determines to be appropriate, the superintendent may issue | 48097 |
| certificates of compliance | 48098 |
| 48099 | |
| associations authorized to do business in this state | 48100 |
| 48101 | |
| established by the national association of insurance commissioners | 48102 |
| or on such other forms as the superintendent may prescribe. | 48103 |
| Sec. 3903.14. (A) The superintendent of insurance as | 48104 |
| rehabilitator may appoint one or more special deputies, who shall | 48105 |
| have all the powers and responsibilities of the rehabilitator | 48106 |
| granted under this section, and the superintendent may employ such | 48107 |
| clerks and assistants as considered necessary. The compensation of | 48108 |
| the special deputies, clerks, and assistants and all expenses of | 48109 |
| taking possession of the insurer and of conducting the proceedings | 48110 |
| shall be fixed by the superintendent, with the approval of the | 48111 |
| court and shall be paid out of the funds or assets of the insurer. | 48112 |
| The persons appointed under this section shall serve at the | 48113 |
| pleasure of the superintendent. In the event that the property of | 48114 |
| the insurer does not contain sufficient cash or liquid assets to | 48115 |
| defray the costs incurred, the superintendent may advance the | 48116 |
| costs so incurred out of any appropriation for the maintenance of | 48117 |
| the department of insurance. Any amounts so advanced for expenses | 48118 |
| of administration shall be repaid to the superintendent for the | 48119 |
| use of the department out of the first available money of the | 48120 |
| insurer. | 48121 |
| (B) The rehabilitator may take such action as | 48122 |
| rehabilitator considers necessary or appropriate to reform and | 48123 |
| revitalize
the insurer. | 48124 |
| powers of the directors, officers, and managers, whose authority | 48125 |
| shall be suspended, except as they are redelegated by the | 48126 |
| rehabilitator. | 48127 |
| direct and manage, to hire and discharge employees subject to any | 48128 |
| contract rights they may have, and to deal with the property and | 48129 |
| business of the insurer. | 48130 |
| (C) If it appears to the rehabilitator that there has been | 48131 |
| criminal or tortious conduct, or breach of any contractual or | 48132 |
| fiduciary obligation detrimental to the insurer by any officer, | 48133 |
| manager, agent, director, trustee, broker, employee, or other | 48134 |
|
person, | 48135 |
| remedies on behalf of the insurer. | 48136 |
| (D) If the rehabilitator determines that reorganization, | 48137 |
| consolidation, conversion, reinsurance, merger, or other | 48138 |
|
transformation of the insurer is appropriate, | 48139 |
| shall prepare a plan to effect such changes. Upon application of | 48140 |
| the rehabilitator for approval of the plan, and after such notice | 48141 |
| and hearings as the court may prescribe, the court may either | 48142 |
| approve or disapprove the plan proposed, or may modify it and | 48143 |
| approve it as modified. Any plan approved under this section shall | 48144 |
| be, in the judgment of the court, fair and equitable to all | 48145 |
| parties concerned. If the plan is approved, the rehabilitator | 48146 |
| shall carry out the plan. In the case of a life insurer, the plan | 48147 |
| proposed may include the imposition of liens upon the policies of | 48148 |
| the company, if all rights of shareholders are first relinquished. | 48149 |
| A plan for a life insurer may also propose imposition of a | 48150 |
| moratorium upon loan and cash surrender rights under policies, for | 48151 |
| such period and to such an extent as may be necessary. | 48152 |
| (E) In the case of a medicaid health insuring corporation | 48153 |
| that has posted a bond or deposited securities in accordance with | 48154 |
| section 1751.271 of the Revised Code, the plan proposed under | 48155 |
| division (D) of this section may include the use of the proceeds | 48156 |
| of the bond or securities to first pay the claims of contracted | 48157 |
| providers for covered health care services provided to medicaid | 48158 |
| recipients, then next to pay other claimants with any remaining | 48159 |
| funds, consistent with the priorities set forth in sections | 48160 |
| 3903.421 and 3903.42 of the Revised Code. | 48161 |
| (F) The rehabilitator shall have the power under sections | 48162 |
| 3903.26 and 3903.27 of the Revised Code to avoid fraudulent | 48163 |
| transfers. | 48164 |
| (G) As used in this section: | 48165 |
| (1) "Contracted provider" means a provider with a contract | 48166 |
| with a medicaid health insuring corporation to provide covered | 48167 |
| health care services to medicaid recipients. | 48168 |
| (2) "Medicaid recipient" means a person eligible for | 48169 |
| assistance under the medicaid program operated pursuant to Chapter | 48170 |
| 5111. of the Revised Code. | 48171 |
| Sec. 3903.42. The priority of distribution of claims from | 48172 |
| the insurer's estate shall be in accordance with the order in | 48173 |
| which each class of claims is set forth in this section. Every | 48174 |
| claim in each class shall be paid in full or adequate funds | 48175 |
| retained for such payment before the members of the next class | 48176 |
| receive any payment. No subclasses shall be established within any | 48177 |
| class. The order of distribution of claims shall be: | 48178 |
| (A) Class 1. The costs and expenses of administration, | 48179 |
| including but not limited to the following: | 48180 |
| (1) The actual and necessary costs of preserving or | 48181 |
| recovering the assets of the insurer; | 48182 |
| (2) Compensation for all services rendered in the | 48183 |
| liquidation; | 48184 |
| (3) Any necessary filing fees; | 48185 |
| (4) The fees and mileage payable to witnesses; | 48186 |
| (5) Reasonable attorney's fees; | 48187 |
| (6) The reasonable expenses of a guaranty association or | 48188 |
| foreign guaranty association in handling claims. | 48189 |
| (B) Class 2. All claims under policies for losses incurred, | 48190 |
| including third party claims, all claims of contracted providers | 48191 |
| against a medicaid health insuring corporation for covered health | 48192 |
| care services provided to medicaid recipients, all claims against | 48193 |
| the insurer for liability for bodily injury or for injury to or | 48194 |
| destruction of tangible property that are not under policies, and | 48195 |
| all claims of a guaranty association or foreign guaranty | 48196 |
| association. All claims under life insurance and annuity policies, | 48197 |
| whether for death proceeds, annuity proceeds, or investment | 48198 |
| values, shall be treated as loss claims. That portion of any loss, | 48199 |
| indemnification for which is provided by other benefits or | 48200 |
| advantages recovered by the claimant, shall not be included in | 48201 |
| this class, other than benefits or advantages recovered or | 48202 |
| recoverable in discharge of familial obligations of support or by | 48203 |
| way of succession at death or as proceeds of life insurance, or as | 48204 |
| gratuities. No payment by an employer to an employee shall be | 48205 |
| treated as a gratuity. Claims under nonassessable policies for | 48206 |
| unearned premium or other premium refunds. | 48207 |
| (C) Class 3. Claims of the federal government. | 48208 |
| (D) Class 4. Debts due to employees for services performed to | 48209 |
| the extent that they do not exceed one thousand dollars and | 48210 |
| represent payment for services performed within one year before | 48211 |
| the filing of the complaint for liquidation. Officers and | 48212 |
| directors shall not be entitled to the benefit of this priority. | 48213 |
| Such priority shall be in lieu of any other similar priority that | 48214 |
| may be authorized by law as to wages or compensation of employees. | 48215 |
| (E) Class 5. Claims of general creditors. | 48216 |
| (F) Class 6. Claims of any state or local government. Claims, | 48217 |
| including those of any state or local governmental body for a | 48218 |
| penalty or forfeiture, shall be allowed in this class only to the | 48219 |
| extent of the pecuniary loss sustained from the act, transaction, | 48220 |
| or proceeding out of which the penalty or forfeiture arose, with | 48221 |
| reasonable and actual costs occasioned thereby. The remainder of | 48222 |
| such claims shall be postponed to the class of claims under | 48223 |
| division (I) of this section. | 48224 |
| (G) Class 7. Claims filed late or any other claims other than | 48225 |
| claims under divisions (H) and (I) of this section. | 48226 |
| (H) Class 8. Surplus or contribution notes, or similar | 48227 |
| obligations, and premium refunds on assessable policies. Payments | 48228 |
| to members of domestic mutual insurance companies shall be limited | 48229 |
| in accordance with law. | 48230 |
| (I) Class 9. The claims of shareholders or other owners. | 48231 |
| If any provision of this section or the application of any | 48232 |
| provision of this section to any person or circumstance is held | 48233 |
| invalid, the invalidity does not affect other provisions or | 48234 |
| applications of this section, and to this end the provisions are | 48235 |
| severable. | 48236 |
| (J) As used in sections 3903.42 and 3903.421 of the Revised | 48237 |
| Code, "contracted provider" and "medicaid recipient" have the same | 48238 |
| meanings as in secion 3903.14 of the Revised Code. | 48239 |
| Sec. 3903.421. (A) Notwithstanding section 3903.42 of the | 48240 |
| Revised Code, both of the following apply to medicaid health | 48241 |
| insuring corporation performance bonds and securities: | 48242 |
| (1) Proceeds from the bond issued or securities held pursuant | 48243 |
| to section 1751.271 of the Revised Code that have been paid to or | 48244 |
| deposited with the department of insurance shall be considered | 48245 |
| special deposits for purposes of satisfying claims of contracted | 48246 |
| providers for covered health care services provided to medicaid | 48247 |
| recipients; | 48248 |
| (2) Contracted providers that have claims against a health | 48249 |
| insuring corporation for covered health care services provided to | 48250 |
| medicaid recipients shall be given first priority against the | 48251 |
| proceeds of the bond or securities held pursuant to section | 48252 |
| 1751.27 of the Revised Code, to the exclusion of other creditors, | 48253 |
| except as provided for in this section. | 48254 |
| (B) If the amount of the proceeds of the bond or securities | 48255 |
| are not sufficient to satisfy all of the allowed claims of | 48256 |
| contracted providers for covered health care services provided to | 48257 |
| medicaid recipients, payment shall proceed as follows: | 48258 |
| (1) Contracted providers shall share in the proceeds of the | 48259 |
| bond or securities pro rata based on the allowed amount of the | 48260 |
| providers' claims against the health insuring corporation for | 48261 |
| covered health care services provided to medicaid recipients; | 48262 |
| (2) After payments are made under division (B)(1) of this | 48263 |
| section, the net unpaid balance of the claims of contracted | 48264 |
| providers shall be allowed for payment from the general assets of | 48265 |
| the estate in accordance with the priorities set forth in section | 48266 |
| 3903.42 of the Revised Code. | 48267 |
| (C) If the amount of the proceeds of the bond or securities | 48268 |
| exceeds the allowed claims of contracted providers for covered | 48269 |
| health care services provided to medicaid recipients, the excess | 48270 |
| amount shall be considered a general asset of the health insuring | 48271 |
| corporation's estate to be distributed to other claimants in | 48272 |
| accordance with the priorities set forth in section 3903.42 of the | 48273 |
| Revised Code. | 48274 |
| Sec. 3905.04. (A) Except as otherwise provided in section | 48275 |
| 3905.041 of the Revised Code, a resident individual applying for | 48276 |
| an insurance agent license for any of the lines of authority | 48277 |
| described in division (B) of this section shall take a written | 48278 |
| examination. The examination shall test the knowledge of the | 48279 |
| individual with respect to the lines of authority for which | 48280 |
| application is made, the duties and responsibilities of an | 48281 |
| insurance agent, and the insurance laws of this state. Before | 48282 |
| admission to the examination, each individual shall pay the | 48283 |
|
nonrefundable fee required under division | 48284 |
| 3905.40 of the Revised Code. | 48285 |
| (B) The examination described in division (A) of this section | 48286 |
| shall be required for the following lines of authority: | 48287 |
| (1) Any of the lines of authority set forth in divisions | 48288 |
| (B)(1) to (6) of section 3905.06 of the Revised Code; | 48289 |
| (2) Title insurance; | 48290 |
| (3) Surety bail bonds as provided in sections 3905.83 to | 48291 |
| 3905.95 of the Revised Code; | 48292 |
| (4) Any other line of authority designated by the | 48293 |
| superintendent of insurance. | 48294 |
| (C) An individual shall not be permitted to take the | 48295 |
| examination described in division (A) of this section unless one | 48296 |
| or both of the following apply: | 48297 |
| (1) The individual has earned a bachelor's or associate's | 48298 |
| degree in insurance from an accredited institution. | 48299 |
| (2) The individual has completed, for each line of authority | 48300 |
| for which the individual has applied, twenty hours of study in a | 48301 |
| program of insurance education approved by the superintendent, in | 48302 |
| consultation with the insurance agent education advisory council, | 48303 |
| under criteria established by the superintendent. Division (C) of | 48304 |
| this section does not apply with respect to title insurance or any | 48305 |
| other line of authority designated by the superintendent. | 48306 |
| (D) An individual who fails to appear for an examination as | 48307 |
| scheduled, or fails to pass an examination, may reapply for the | 48308 |
| examination if the individual pays the required fee and submits | 48309 |
| any necessary forms prior to being rescheduled for the | 48310 |
| examination. | 48311 |
| (E)(1) The superintendent may, in accordance with Chapter | 48312 |
| 119. of the Revised Code, adopt any rule necessary for the | 48313 |
| implementation of this section. | 48314 |
| (2) The superintendent may make any necessary arrangements, | 48315 |
| including contracting with an outside testing service, for the | 48316 |
| administration of the examinations and the collection of the fees | 48317 |
| required by this section. | 48318 |
| Sec. 3905.36. | 48319 |
| and (C) of this section, every insured association, company, | 48320 |
| corporation, or other person that enters, directly or indirectly, | 48321 |
| into any agreements with any insurance company, association, | 48322 |
| individual, firm, underwriter, or Lloyd, not authorized to do | 48323 |
| business in this state, whereby the insured shall procure, | 48324 |
| continue, or renew contracts of insurance covering subjects of | 48325 |
| insurance resident, located, or to be performed within this state, | 48326 |
| with such unauthorized insurance company, association, individual, | 48327 |
| firm, underwriter, or Lloyd, for which insurance there is a gross | 48328 |
| premium, membership fee, assessment, dues, or other consideration | 48329 |
| charged or collected, shall annually, on or before the | 48330 |
| thirty-first day of January, return to the superintendent of | 48331 |
| insurance a statement under oath showing the name and address of | 48332 |
| the insured, name and address of the insurer, subject of the | 48333 |
| insurance, general description of the coverage, and amount of | 48334 |
| gross premium, fee, assessment, dues, or other consideration for | 48335 |
| such insurance for the preceding twelve-month period and shall at | 48336 |
| the same time pay to the treasurer of state a tax of five per cent | 48337 |
| of such gross premium, fee, assessment, dues, or other | 48338 |
| consideration, after a deduction for return premium, if any, as | 48339 |
| calculated on a form prescribed by the treasurer of state. All | 48340 |
| taxes collected under this section by the treasurer of state shall | 48341 |
| be paid into the general revenue fund. If the tax is not paid when | 48342 |
| due, the tax shall be increased by a penalty of twenty-five per | 48343 |
| cent. An interest charge computed as set forth in section 5725.221 | 48344 |
| of the Revised Code shall be made on the entire sum of the tax | 48345 |
| plus penalty, which interest shall be computed from the date the | 48346 |
| tax is due until it is paid. For purposes of this section, payment | 48347 |
| is considered made when it is received by the treasurer of state, | 48348 |
| irrespective of any United States postal service marking or other | 48349 |
| stamp or mark indicating the date on which the payment may have | 48350 |
|
been mailed. | 48351 |
| (B) This section does not apply to: | 48352 |
| | 48353 |
| 48354 |
| | 48355 |
| solicited, written, and delivered outside this state covering only | 48356 |
| subjects of insurance not resident, located, or to be performed in | 48357 |
| this state at the time of issuance, provided such transactions are | 48358 |
| subsequent to the issuance of the policy; | 48359 |
| | 48360 |
| the adjustment of claims or losses; | 48361 |
| | 48362 |
| 48363 | |
| 48364 | |
| 48365 |
| | 48366 |
| 48367 | |
| 48368 | |
| 48369 | |
| 48370 | |
| 48371 | |
| 48372 |
| | 48373 |
| 48374 |
| | 48375 |
| (3) Transactions involving policies issued by a captive | 48376 |
| insurer. For this purpose, a "captive insurer" means any of the | 48377 |
| following: | 48378 |
| (a) An insurer owned by one or more individuals or | 48379 |
| organizations, whose exclusive purpose is to insure risks of one | 48380 |
| or more of the parent organizations or individual owners and risks | 48381 |
| of one or more affiliates of the parent organizations or | 48382 |
| individual owners; | 48383 |
| (b) In the case of groups and associations, insurers owned by | 48384 |
| the group or association whose exclusive purpose is to insure | 48385 |
| risks of members of the group or association and affiliates of the | 48386 |
| members; | 48387 |
| (c) Other types of insurers, licensed and operated in | 48388 |
| accordance with the captive insurance laws of their jurisdictions | 48389 |
| of domicile and operated in a manner so as to self-insure risks of | 48390 |
| their owners and insureds. | 48391 |
| (4) Professional or medical liability insurance procured by a | 48392 |
| hospital organized under Chapter 3701. of the Revised Code. | 48393 |
| | 48394 |
| to 3905.35 of the Revised Code, each person licensed under section | 48395 |
| 3905.30 of the Revised Code shall pay to the treasurer of state, | 48396 |
| on or before the thirty-first day of January of each year, five | 48397 |
| per cent of the balance of the gross premiums charged for | 48398 |
| insurance placed or procured under the license after a deduction | 48399 |
| for return premiums, as reported on a form prescribed by the | 48400 |
| treasurer of state. The tax shall be collected from the insured by | 48401 |
| the surplus line broker who placed or procured the policy of | 48402 |
| insurance at the time the policy is delivered to the insured. No | 48403 |
| license issued under section 3905.30 of the Revised Code shall be | 48404 |
| renewed until payment is made. If the tax is not paid when due, | 48405 |
| the tax shall be increased by a penalty of twenty-five per cent. | 48406 |
| An interest charge computed as set forth in section 5725.221 of | 48407 |
| the Revised Code shall be made on the entire sum of the tax plus | 48408 |
| penalty, which interest shall be computed from the date the tax is | 48409 |
| due until it is paid. For purposes of this section, payment is | 48410 |
| considered made when it is received by the treasurer of state, | 48411 |
| irrespective of any United States postal service marking or other | 48412 |
| stamp or mark indicating the date on which the payment may have | 48413 |
| been mailed. | 48414 |
| Sec. 3905.40. There shall be paid to the superintendent of | 48415 |
| insurance the following fees: | 48416 |
| (A) Each insurance company doing business in this state shall | 48417 |
| pay: | 48418 |
| (1) For filing a copy of its charter or deed of settlement, | 48419 |
| two hundred fifty dollars; | 48420 |
| (2) For filing each statement, | 48421 |
| seventy-five dollars; | 48422 |
| (3) For each certificate of authority or license, one hundred | 48423 |
| seventy-five, and for each certified copy thereof, five dollars; | 48424 |
| (4) For each copy of a paper filed in the superintendent's | 48425 |
| office, twenty cents per page; | 48426 |
| (5) For issuing certificates of deposits or certified copies | 48427 |
| thereof, five dollars for the first certificate or copy and one | 48428 |
| dollar for each additional certificate or copy; | 48429 |
| (6) For issuing certificates of compliance or certified | 48430 |
|
copies thereof, | 48431 |
| (7) For affixing the seal of office and certifying documents, | 48432 |
| other than those enumerated herein, two dollars. | 48433 |
| (B) Each domestic life insurance company doing business in | 48434 |
| this state shall pay for annual valuation of its policies, one | 48435 |
| cent on every one thousand dollars of insurance. | 48436 |
| (C) | 48437 |
| 48438 | |
| 48439 | |
| 48440 | |
| 48441 |
| | 48442 |
| pay ten dollars before admission to any examination required by | 48443 |
| the superintendent. Such fee shall not be paid by the appointing | 48444 |
| insurance company. | 48445 |
| | 48446 |
| for verifying that any amendment to its articles of incorporation | 48447 |
| was regularly adopted, two hundred fifty dollars with each | 48448 |
| application for verification. Any such amendment shall be | 48449 |
| considered to have been regularly adopted when approved by the | 48450 |
| affirmative vote of two-thirds of the policyholders present in | 48451 |
| person or by proxy at any annual meeting of policyholders or at a | 48452 |
| special meeting of policyholders called for that purpose. | 48453 |
| Sec. 3923.27. No policy of sickness and accident insurance | 48454 |
|
delivered, issued for delivery, or renewed in this state after
| 48455 |
| 48456 | |
| individual and group policies, that provides hospitalization | 48457 |
| coverage for mental illness shall exclude such coverage for the | 48458 |
| reason that the insured is hospitalized in an institution or | 48459 |
| facility receiving tax support from the state, any municipal | 48460 |
| corporation, county, or joint county board, whether such | 48461 |
| institution or facility is deemed charitable or otherwise, | 48462 |
| provided the institution or facility or portion thereof is fully | 48463 |
| accredited by the joint commission on accreditation of hospitals | 48464 |
| or certified under Titles XVIII and XIX of the "Social Security | 48465 |
| Act of 1935," 79 Stat. 291, 42 U.S.C.A. 1395, as amended. The | 48466 |
| insurance coverage shall provide payment amounting to the lesser | 48467 |
| of either the full amount of the statutory charge for the cost of | 48468 |
|
the services pursuant to | 48469 |
| section 5121.33 of the Revised Code or the benefits payable for | 48470 |
| the services under the applicable insurance policy. Insurance | 48471 |
| benefits for the coverage shall be paid so long as patients and | 48472 |
| their liable relatives retain their statutory liability pursuant | 48473 |
| to | 48474 |
| of the Revised Code. Only that portion or per cent of the benefits | 48475 |
| shall be payable that has been assigned, or ordered to be paid, to | 48476 |
| the state or other appropriate provider for services rendered by | 48477 |
| the institution or facility. | 48478 |
| Sec. 4112.12. (A) There is hereby created the commission on | 48479 |
| African-American males, which shall consist of not more than | 48480 |
| forty-one members as follows: the directors or their designees of | 48481 |
| the departments of health, development, alcohol and drug addiction | 48482 |
| services, job and family services, rehabilitation and correction, | 48483 |
| mental health, and youth services; the adjutant general or the | 48484 |
| adjutant general's designee; the equal employment opportunity | 48485 |
| officer of the department of administrative services or the equal | 48486 |
| employment opportunity officer's designee; the executive director | 48487 |
| or the executive director's designee of the Ohio civil rights | 48488 |
| commission; the executive director or the executive director's | 48489 |
|
designee of the
| 48490 |
| the department of public safety; the superintendent of public | 48491 |
| instruction; the chancellor or the chancellor's designee of the | 48492 |
| Ohio board of regents; two members of the house of representatives | 48493 |
| appointed by the speaker of the house of representatives; three | 48494 |
| members of the senate appointed by the president of the senate; | 48495 |
| and not more than twenty-three members appointed by the governor. | 48496 |
| The members appointed by the governor shall include an additional | 48497 |
| member of the governor's cabinet and at least one representative | 48498 |
| of each of the following: the national association for the | 48499 |
| advancement of colored people; the urban league; an organization | 48500 |
| representing black elected officials; an organization representing | 48501 |
| black attorneys; the black religious community; the black business | 48502 |
| community; the nonminority business community; and organized | 48503 |
| labor; at least one black medical doctor, one black elected member | 48504 |
| of a school board, and one black educator; and at least two | 48505 |
| representatives of local private industry councils. The remaining | 48506 |
| members that may be appointed by the governor shall be selected | 48507 |
| from elected officials, civic and community leaders, and | 48508 |
| representatives of the employment, criminal justice, education, | 48509 |
| and health communities. | 48510 |
| (B) Terms of office shall be for three years, with each term | 48511 |
| ending on the same day of the same month as did the term that it | 48512 |
| succeeds. Each member shall hold office from the date of | 48513 |
| appointment until the end of the term for which the member was | 48514 |
| appointed. Members may be reappointed. Vacancies shall be filled | 48515 |
| in the manner provided for original appointments. Any member | 48516 |
| appointed to fill a vacancy occurring prior to the expiration date | 48517 |
| of the term for which the member's predecessor was appointed shall | 48518 |
| hold office as a member for the remainder of that term. A member | 48519 |
| shall continue in office subsequent to the expiration date of the | 48520 |
| member's term until the member's successor takes office or until a | 48521 |
| period of sixty days has elapsed, whichever occurs first. | 48522 |
| The commission annually shall elect a chairperson from among | 48523 |
| its members. | 48524 |
| (C) Members of the commission and members of subcommittees | 48525 |
| appointed under division (B) of section 4112.13 of the Revised | 48526 |
| Code shall not be compensated, but shall be reimbursed for their | 48527 |
| necessary and actual expenses incurred in the performance of their | 48528 |
| official duties. | 48529 |
| (D)(1) The Ohio civil rights commission shall serve as the | 48530 |
| commission on African-American males' fiscal agent and shall | 48531 |
| perform all of the following services: | 48532 |
| (a) Prepare and process payroll and other personnel documents | 48533 |
| that the commission on African-American males approves; | 48534 |
| (b) Maintain ledgers of accounts and reports of account | 48535 |
| balances, and monitor budgets and allotment plans in consultation | 48536 |
| with the commission on African-American males; | 48537 |
| (c) Perform other routine support services that the executive | 48538 |
| director of the Ohio civil rights commission or the executive | 48539 |
| director's designee and the Commission on African-American males | 48540 |
| or its designee consider appropriate to achieve efficiency. | 48541 |
| (2) The Ohio civil rights commission shall not approve any | 48542 |
| payroll or other personnel-related documents or any biennial | 48543 |
| budget, grant, expenditure, audit, or fiscal-related document | 48544 |
| without the advice and consent of the commission on | 48545 |
| African-American males. | 48546 |
| (3) The Ohio civil rights commission shall determine fees to | 48547 |
| be charged to the commission on African-American males for | 48548 |
| services performed under this division, which shall be in | 48549 |
| proportion to the services performed for the commission on | 48550 |
| African-American males. | 48551 |
| (4) The commission on African-American males or its designee | 48552 |
| has: | 48553 |
| (a) Sole authority to draw funds for any federal program in | 48554 |
| which the commission is authorized to participate; | 48555 |
| (b) Sole authority to expend funds from accounts for programs | 48556 |
| and any other necessary expenses the commission on | 48557 |
| African-American males may incur; | 48558 |
| (c) The duty to cooperate with the Ohio civil rights | 48559 |
| commission to ensure that the Ohio civil rights commission is | 48560 |
| fully apprised of all financial transactions. | 48561 |
| (E) The commission on African-American males shall appoint an | 48562 |
| executive director, who shall be in the unclassified civil | 48563 |
| service. The executive director shall supervise the commission's | 48564 |
| activities and report to the commission on the progress of those | 48565 |
| activities. The executive director shall do all things necessary | 48566 |
| for the efficient and effective implementation of the duties of | 48567 |
| the commission. | 48568 |
| The responsibilities assigned to the executive director do | 48569 |
| not relieve the members of the commission from final | 48570 |
| responsibility for the proper performance of the requirements of | 48571 |
| this division. | 48572 |
| (F) The commission on African-American males shall: | 48573 |
| (1) Employ, promote, supervise, and remove all employees, as | 48574 |
| needed, in connection with the performance of its duties under | 48575 |
| this section; | 48576 |
| (2) Maintain its office in Columbus; | 48577 |
| (3) Acquire facilities, equipment, and supplies necessary to | 48578 |
| house the commission, its employees, and files and records under | 48579 |
| its control, and to discharge any duty imposed upon it by law. The | 48580 |
| expense of these acquisitions shall be audited and paid for in the | 48581 |
| same manner as other state expenses. | 48582 |
| (4) Prepare and submit to the office of budget and management | 48583 |
| a budget for each biennium in accordance with sections 101.55 and | 48584 |
| 107.03 of the Revised Code. The budget submitted shall cover the | 48585 |
| costs of the commission and its staff in the discharge of any duty | 48586 |
| imposed upon the commission by law. The commission shall pay its | 48587 |
| own payroll and other operating expenses from appropriation items | 48588 |
| designated by the general assembly. The commission shall not | 48589 |
| delegate any authority to obligate funds. | 48590 |
| (5) Establish the overall policy and management of the | 48591 |
| commission in accordance with this chapter; | 48592 |
| (6) Follow all state procurement requirements; | 48593 |
| (7) Pay fees owed to the Ohio civil rights commission under | 48594 |
| division (D) of this section from the commission on | 48595 |
| African-American males' general revenue fund or from any other | 48596 |
| fund from which the operating expenses of the commission on | 48597 |
| African-American males are paid. Any amounts set aside for a | 48598 |
| fiscal year for the payment of such fees shall be used only for | 48599 |
| the services performed for the commission on African-American | 48600 |
| males by the Ohio civil rights commission in that fiscal year. | 48601 |
| (G) The commission on African-American males may: | 48602 |
| (1) Hold sessions at any place within the state; | 48603 |
| (2) Establish, change, or abolish positions, and assign and | 48604 |
| reassign duties and responsibilities of any employee of the | 48605 |
| commission on African-American males as necessary to achieve the | 48606 |
| most efficient performance of its functions. | 48607 |
| Sec. 4115.32. (A) | 48608 |
| Revised Code, there is hereby created the state committee for the | 48609 |
| purchase of products and services provided by persons with severe | 48610 |
| disabilities. The committee shall be composed ex officio of the | 48611 |
| following persons, or their designees: | 48612 |
| (1) The directors of administrative services, mental health, | 48613 |
| mental retardation and developmental disabilities, transportation, | 48614 |
| natural resources, and commerce; | 48615 |
| (2) The administrators of the rehabilitation services | 48616 |
| commission and the bureau of workers' compensation; | 48617 |
| (3) The secretary of state; | 48618 |
| (4) One representative of a purchasing department of a | 48619 |
| political subdivision who is designated by the governor. | 48620 |
| The governor shall appoint two representatives of a qualified | 48621 |
| nonprofit agency for persons with severe disabilities, and a | 48622 |
| person with a severe disability to the committee. | 48623 |
| (B) Within thirty days after September 29, 1995, the governor | 48624 |
| shall appoint the representatives of a qualified nonprofit agency | 48625 |
| for persons with severe disabilities to the committee for a term | 48626 |
| ending August 31, 1996. Thereafter, terms for such representatives | 48627 |
| are for three years, each term ending on the same day of the same | 48628 |
| month of the year as did the term that it succeeds. Each committee | 48629 |
| member shall serve from the date of the member's appointment until | 48630 |
| the end of the term for which the member was appointed. Vacancies | 48631 |
| shall be filled in the same manner provided for original | 48632 |
| appointments. Any member appointed to fill a vacancy occurring | 48633 |
| prior to the expiration date of the term for which the member's | 48634 |
| predecessor was appointed shall serve as a member for the | 48635 |
| remainder of that term. A member shall serve subsequent to the | 48636 |
| expiration of the member's term and shall continue to serve until | 48637 |
| the member's successor takes office. | 48638 |
| (C) Members of the committee shall serve without | 48639 |
| compensation. Except as otherwise provided in divisions (C)(1) and | 48640 |
| (2) of this section, members shall be reimbursed for actual and | 48641 |
| necessary expenses, including travel expenses, incurred while away | 48642 |
| from their homes or regular places of business and incurred while | 48643 |
| performing services for the committee. | 48644 |
| (1) The members listed in divisions (A)(1) to (3) of this | 48645 |
| section, or their designees, shall not be reimbursed for any | 48646 |
| expenses. | 48647 |
| (2) No member of the committee who is entitled to receive | 48648 |
| reimbursement for the performance of services for the committee | 48649 |
| from another agency or entity shall receive reimbursement from the | 48650 |
| committee. | 48651 |
| (D) The committee shall elect from among its members a | 48652 |
| chairperson. The committee may request from any agency of the | 48653 |
| state, political subdivision, or instrumentality of the state any | 48654 |
| information necessary to enable it to carry out the intent of | 48655 |
| sections 4115.31 to 4115.35 of the Revised Code. Upon request of | 48656 |
| the committee, the agency, subdivision, or instrumentality shall | 48657 |
| furnish the information to the chairperson of the committee. | 48658 |
| (E) The committee shall not later than one hundred eighty | 48659 |
| days following the close of each fiscal year transmit to the | 48660 |
| governor, the general assembly, and each qualified nonprofit | 48661 |
| agency for persons with severe disabilities a report that includes | 48662 |
| the names of the committee members serving during the preceding | 48663 |
| fiscal year, the dates of committee meetings in that year, and any | 48664 |
| recommendations for changes in sections 4115.31 to 4115.35 of the | 48665 |
| Revised Code that the committee determines are necessary. | 48666 |
| (F) The director of | 48667 |
| 48668 | |
| to act as executive director of the committee and shall furnish | 48669 |
| other staff and clerical assistance, office space, and supplies | 48670 |
| required by the committee. | 48671 |
| Sec. 4115.34. (A) | 48672 |
| of the Revised Code, if any state agency, political subdivision, | 48673 |
| or instrumentality of the state intends to procure any product or | 48674 |
| service, it shall determine whether the product or service is on | 48675 |
| the procurement list published pursuant to section 4115.33 of the | 48676 |
| Revised Code; and it shall, in accordance with rules of the state | 48677 |
| committee for the purchase of products and services provided by | 48678 |
| persons with severe disabilities, procure such product or service | 48679 |
| at the fair market price established by the committee from a | 48680 |
| qualified nonprofit agency for persons with severe disabilities, | 48681 |
| if the product or service is on the procurement list and is | 48682 |
| available within the period required by that agency, subdivision, | 48683 |
| or instrumentality, notwithstanding any law requiring the purchase | 48684 |
| of products and services on a competitive bid basis. Sections | 48685 |
| 4115.31 to 4115.35 of the Revised Code do not apply if the | 48686 |
| products or services are available for procurement from any state | 48687 |
| agency, political subdivision, or instrumentality of the state and | 48688 |
| procurement from such agency, subdivision, or instrumentality is | 48689 |
| required under any law in effect on August 13, 1976. | 48690 |
| (B) The committee and any state agency, political | 48691 |
| subdivision, or instrumentality of the state may enter into | 48692 |
| contractual agreements, cooperative working relationships, or | 48693 |
| other arrangements determined necessary for effective coordination | 48694 |
| and efficient realization of the objectives of sections 4115.31 to | 48695 |
| 4115.35 of the Revised Code and any other law requiring | 48696 |
| procurement of products or services from any state agency, | 48697 |
| political subdivision, or instrumentality of the state. | 48698 |
| (C) Notwithstanding any other section of the Revised Code, or | 48699 |
| any appropriations act, that may require a state agency, political | 48700 |
| subdivision, or instrumentality of the state to purchase supplies, | 48701 |
| services, or materials by means of a competitive bid procedure, | 48702 |
| state agencies, political subdivisions, or instrumentalities of | 48703 |
| the state need not utilize the required bidding procedures if the | 48704 |
| supplies, services, or materials are to be purchased from a | 48705 |
| qualified nonprofit agency pursuant to sections 4115.31 to 4115.35 | 48706 |
| of the Revised Code. | 48707 |
| Sec. 4115.36. Sections 4115.31 to 4115.35 of the Revised Code | 48708 |
| have no effect after the director of administrative services | 48709 |
| abolishes the state committee for the purchase of products and | 48710 |
| services provided by persons with severe disabilities. Upon | 48711 |
| abolishment of the committee, sections 125.60 to 125.6012 of the | 48712 |
| Revised Code shall govern the procurement of products and services | 48713 |
| provided by persons with work-limiting disabilities from qualified | 48714 |
| nonprofit agencies. | 48715 |
| Sec. 4117.03. (A) Public employees have the right to: | 48716 |
| (1) Form, join, assist, or participate in, or refrain from | 48717 |
| forming, joining, assisting, or participating in, except as | 48718 |
| otherwise provided in Chapter 4117. of the Revised Code, any | 48719 |
| employee organization of their own choosing; | 48720 |
| (2) Engage in other concerted activities for the purpose of | 48721 |
| collective bargaining or other mutual aid and protection; | 48722 |
| (3) Representation by an employee organization; | 48723 |
| (4) Bargain collectively with their public employers to | 48724 |
| determine wages, hours, terms and other conditions of employment | 48725 |
| and the continuation, modification, or deletion of an existing | 48726 |
| provision of a collective bargaining agreement, and enter into | 48727 |
| collective bargaining agreements; | 48728 |
| (5) Present grievances and have them adjusted, without the | 48729 |
| intervention of the bargaining representative, as long as the | 48730 |
| adjustment is not inconsistent with the terms of the collective | 48731 |
| bargaining agreement then in effect and as long as the bargaining | 48732 |
| representatives have the opportunity to be present at the | 48733 |
| adjustment. | 48734 |
| (B) Persons on active duty or acting in any capacity as | 48735 |
| members of the organized militia do not have collective bargaining | 48736 |
| rights. | 48737 |
| (C) Except as provided in division (D) of this section, | 48738 |
| nothing in Chapter 4117. of the Revised Code prohibits public | 48739 |
| employers from electing to engage in collective bargaining, to | 48740 |
| meet and confer, to hold discussions, or to engage in any other | 48741 |
| form of collective negotiations with public employees who are not | 48742 |
| subject to Chapter 4117. of the Revised Code pursuant to division | 48743 |
| (C) of section 4117.01 of the Revised Code. | 48744 |
| (D) A public employer shall not engage in collective | 48745 |
| bargaining or other forms of collective negotiations with the | 48746 |
| employees of county boards of elections referred to in division | 48747 |
| (C)(12) of section 4117.01 of the Revised Code. | 48748 |
| (E)(1) Employees of public school may bargain collectively | 48749 |
| for health care benefits; however, all health care benefits shall | 48750 |
| be provided through school employees health care board medical | 48751 |
| plans, in accordance with section 9.901 of the Revised Code. If a | 48752 |
| school district provides its employees with health care benefits | 48753 |
| pursuant to collective bargaining, the employees shall be | 48754 |
| permitted to choose a plan option from among the school employees | 48755 |
| health care board plans agreed to during collective bargaining. | 48756 |
| (2) During collective bargaining, employees of public schools | 48757 |
| may agree to pay a higher percentage of the premium for health | 48758 |
| benefit coverage under the plans designed by the school employees | 48759 |
| health care board pursuant to section 9.901 of the Revised Code | 48760 |
| than the percentage designated as the employees' contribution | 48761 |
| level by the board. A collective bargaining agreement, however, | 48762 |
| shall not permit the employees to contribute a lesser percentage | 48763 |
| of the premium than that set as the employees' contribution level | 48764 |
| by the school employees health care board, unless, in so doing, | 48765 |
| the participating school board is able to remain in compliance | 48766 |
| with the aggregate goal set pursuant to division (G)(3) of section | 48767 |
| 9.901 of the Revised Code. | 48768 |
| Sec. 4117.08. (A) All matters pertaining to wages, hours, or | 48769 |
| terms and other conditions of employment and the continuation, | 48770 |
| modification, or deletion of an existing provision of a collective | 48771 |
| bargaining agreement are subject to collective bargaining between | 48772 |
| the public employer and the exclusive representative, except as | 48773 |
| otherwise specified in this section and division (E) of section | 48774 |
| 4117.03 of the Revised Code. | 48775 |
| (B) The conduct and grading of civil service examinations, | 48776 |
| the rating of candidates, the establishment of eligible lists from | 48777 |
| the examinations, and the original appointments from the eligible | 48778 |
| lists are not appropriate subjects for collective bargaining. | 48779 |
| (C) Unless a public employer agrees otherwise in a collective | 48780 |
| bargaining agreement, nothing in Chapter 4117. of the Revised Code | 48781 |
| impairs the right and responsibility of each public employer to: | 48782 |
| (1) Determine matters of inherent managerial policy which | 48783 |
| include, but are not limited to areas of discretion or policy such | 48784 |
| as the functions and programs of the public employer, standards of | 48785 |
| services, its overall budget, utilization of technology, and | 48786 |
| organizational structure; | 48787 |
| (2) Direct, supervise, evaluate, or hire employees; | 48788 |
| (3) Maintain and improve the efficiency and effectiveness of | 48789 |
| governmental operations; | 48790 |
| (4) Determine the overall methods, process, means, or | 48791 |
| personnel by which governmental operations are to be conducted; | 48792 |
| (5) Suspend, discipline, demote, or discharge for just cause, | 48793 |
| or lay off, transfer, assign, schedule, promote, or retain | 48794 |
| employees; | 48795 |
| (6) Determine the adequacy of the work force; | 48796 |
| (7) Determine the overall mission of the employer as a unit | 48797 |
| of government; | 48798 |
| (8) Effectively manage the work force; | 48799 |
| (9) Take actions to carry out the mission of the public | 48800 |
| employer as a governmental unit. | 48801 |
| The employer is not required to bargain on subjects reserved | 48802 |
| to the management and direction of the governmental unit except as | 48803 |
| affect wages, hours, terms and conditions of employment, and the | 48804 |
| continuation, modification, or deletion of an existing provision | 48805 |
| of a collective bargaining agreement. A public employee or | 48806 |
| exclusive representative may raise a legitimate complaint or file | 48807 |
| a grievance based on the collective bargaining agreement. | 48808 |
| Sec. 4117.10. (A) An agreement between a public employer and | 48809 |
| an exclusive representative entered into pursuant to this chapter | 48810 |
| governs the wages, hours, and terms and conditions of public | 48811 |
| employment covered by the agreement. If the agreement provides for | 48812 |
| a final and binding arbitration of grievances, public employers, | 48813 |
| employees, and employee organizations are subject solely to that | 48814 |
| grievance procedure and the state personnel board of review or | 48815 |
| civil service commissions have no jurisdiction to receive and | 48816 |
| determine any appeals relating to matters that were the subject of | 48817 |
| a final and binding grievance procedure. Where no agreement exists | 48818 |
| or where an agreement makes no specification about a matter, the | 48819 |
| public employer and public employees are subject to all applicable | 48820 |
| state or local laws or ordinances pertaining to the wages, hours, | 48821 |
| and terms and conditions of employment for public employees. Laws | 48822 |
| pertaining to civil rights, affirmative action, unemployment | 48823 |
| compensation, workers' compensation, the retirement of public | 48824 |
| employees, and residency requirements, the minimum educational | 48825 |
| requirements contained in the Revised Code pertaining to public | 48826 |
| education including the requirement of a certificate by the fiscal | 48827 |
| officer of a school district pursuant to section 5705.41 of the | 48828 |
| Revised Code, the provisions of division (A) of section 124.34 of | 48829 |
| the Revised Code governing the disciplining of officers and | 48830 |
| employees who have been convicted of a felony, and the minimum | 48831 |
| standards promulgated by the state board of education pursuant to | 48832 |
| division (D) of section 3301.07 of the Revised Code prevail over | 48833 |
| conflicting provisions of agreements between employee | 48834 |
| organizations and public employers. The law pertaining to the | 48835 |
| leave of absence and compensation provided under section 5923.05 | 48836 |
| of the Revised Code prevails over any conflicting provisions of | 48837 |
| such agreements if the terms of the agreement contain benefits | 48838 |
| which are less than those contained in that section or the | 48839 |
| agreement contains no such terms and the public authority is the | 48840 |
| state or any agency, authority, commission, or board of the state | 48841 |
| or if the public authority is another entity listed in division | 48842 |
| (B) of section 4117.01 of the Revised Code that elects to provide | 48843 |
| leave of absence and compensation as provided in section 5923.05 | 48844 |
| of the Revised Code. Except for sections 306.08, 306.12, 306.35, | 48845 |
| and 4981.22 of the Revised Code and arrangements entered into | 48846 |
| thereunder, and section 4981.21 of the Revised Code as necessary | 48847 |
| to comply with section 13(c) of the "Urban Mass Transportation Act | 48848 |
| of 1964," 87 Stat. 295, 49 U.S.C.A. 1609(c), as amended, and | 48849 |
| arrangements entered into thereunder, this chapter prevails over | 48850 |
| any and all other conflicting laws, resolutions, provisions, | 48851 |
| present or future, except as otherwise specified in this chapter | 48852 |
| or as otherwise specified by the general assembly. Nothing in this | 48853 |
| section prohibits or shall be construed to invalidate the | 48854 |
| provisions of an agreement establishing supplemental workers' | 48855 |
| compensation or unemployment compensation benefits or exceeding | 48856 |
| minimum requirements contained in the Revised Code pertaining to | 48857 |
| public education or the minimum standards promulgated by the state | 48858 |
| board of education pursuant to division (D) of section 3301.07 of | 48859 |
| the Revised Code. | 48860 |
| (B) The public employer shall submit a request for funds | 48861 |
| necessary to implement an agreement and for approval of any other | 48862 |
| matter requiring the approval of the appropriate legislative body | 48863 |
| to the legislative body within fourteen days of the date on which | 48864 |
| the parties finalize the agreement, unless otherwise specified, | 48865 |
| but if the appropriate legislative body is not in session at the | 48866 |
| time, then within fourteen days after it convenes. The legislative | 48867 |
| body must approve or reject the submission as a whole, and the | 48868 |
| submission is deemed approved if the legislative body fails to act | 48869 |
| within thirty days after the public employer submits the | 48870 |
| agreement. The parties may specify that those provisions of the | 48871 |
| agreement not requiring action by a legislative body are effective | 48872 |
| and operative in accordance with the terms of the agreement, | 48873 |
| provided there has been compliance with division (C) of this | 48874 |
| section. If the legislative body rejects the submission of the | 48875 |
| public employer, either party may reopen all or part of the entire | 48876 |
| agreement. | 48877 |
| As used in this section, "legislative body" includes | 48878 |
| 48879 | |
| school district, college or university, village, township, or | 48880 |
| board of county commissioners or any other body that has authority | 48881 |
| to approve the budget of their public jurisdiction and, with | 48882 |
| regard to the state, "legislative body" means the controlling | 48883 |
| board. | 48884 |
| (C) The chief executive officer, or the chief executive | 48885 |
| officer's representative, of each municipal corporation, the | 48886 |
| designated representative of the board of education of each school | 48887 |
| district, college or university, or any other body that has | 48888 |
| authority to approve the budget of their public jurisdiction, the | 48889 |
| designated representative of the board of county commissioners and | 48890 |
| of each elected officeholder of the county whose employees are | 48891 |
| covered by the collective negotiations, and the designated | 48892 |
| representative of the village or the board of township trustees of | 48893 |
| each township is responsible for negotiations in the collective | 48894 |
| bargaining process; except that the legislative body may accept or | 48895 |
| reject a proposed collective bargaining agreement. When the | 48896 |
| matters about which there is agreement are reduced to writing and | 48897 |
| approved by the employee organization and the legislative body, | 48898 |
| the agreement is binding upon the legislative body, the employer, | 48899 |
| and the employee organization and employees covered by the | 48900 |
| agreement. | 48901 |
| (D) There is hereby established an office of collective | 48902 |
| bargaining in the department of administrative services for the | 48903 |
| purpose of negotiating with and entering into written agreements | 48904 |
| between state agencies, departments, boards, and commissions and | 48905 |
| the exclusive representative on matters of wages, hours, terms and | 48906 |
| other conditions of employment and the continuation, modification, | 48907 |
| or deletion of an existing provision of a collective bargaining | 48908 |
| agreement. Nothing in any provision of law to the contrary shall | 48909 |
| be interpreted as excluding the bureau of workers' compensation | 48910 |
| and the industrial commission from the preceding sentence. This | 48911 |
| office shall not negotiate on behalf of other statewide elected | 48912 |
| officials or boards of trustees of state institutions of higher | 48913 |
| education who shall be considered as separate public employers for | 48914 |
| the purposes of this chapter; however, the office may negotiate on | 48915 |
| behalf of these officials or trustees where authorized by the | 48916 |
| officials or trustees. The staff of the office of collective | 48917 |
| bargaining are in the unclassified service. The director of | 48918 |
| administrative services shall fix the compensation of the staff. | 48919 |
| The office of collective bargaining shall: | 48920 |
| (1) Assist the director in formulating management's | 48921 |
| philosophy for public collective bargaining as well as planning | 48922 |
| bargaining strategies; | 48923 |
| (2) Conduct negotiations with the exclusive representatives | 48924 |
| of each employee organization; | 48925 |
| (3) Coordinate the state's resources in all mediation, | 48926 |
| fact-finding, and arbitration cases as well as in all labor | 48927 |
| disputes; | 48928 |
| (4) Conduct systematic reviews of collective bargaining | 48929 |
| agreements for the purpose of contract negotiations; | 48930 |
| (5) Coordinate the systematic compilation of data by all | 48931 |
| agencies that is required for negotiating purposes; | 48932 |
| (6) Prepare and submit an annual report and other reports as | 48933 |
| requested to the governor and the general assembly on the | 48934 |
| implementation of this chapter and its impact upon state | 48935 |
| government. | 48936 |
| Sec. 4117.103. Notwithstanding any provision of section | 48937 |
| 4117.08 or 4117.10 of the Revised Code to the contrary, no | 48938 |
| agreement entered into under this chapter on or after the | 48939 |
| effective date of this section shall prohibit a school district | 48940 |
| board of education from utilizing volunteers to assist the | 48941 |
| district and its schools in performing any of their functions, | 48942 |
| other than functions for which a license, permit, or certificate | 48943 |
| issued by the state board of education under section 3301.074 or | 48944 |
| Chapter 3319. of the Revised Code or a certificate issued under | 48945 |
| division (A) or (B) of section 3327.10 of the Revised Code is | 48946 |
| required. | 48947 |
| Sec. 4117.24. The training | 48948 |
| fund is hereby created in the state treasury. The state employment | 48949 |
| relations board shall deposit into the
training | 48950 |
| and grants fund all | 48951 |
| sources: | 48952 |
| (A) Payments received by the board for copies of documents, | 48953 |
| rulebooks, and other publications; | 48954 |
| (B) Fees received from seminar
participants; | 48955 |
| (C) Receipts from the sale of clearinghouse data; | 48956 |
| (D) Moneys received from grants, donations, awards, bequests, | 48957 |
| gifts, reimbursements, and similar funds; | 48958 |
| (E) Reimbursement received for professional services and | 48959 |
| expenses related to professional services; | 48960 |
| (F) Funds received to support the development of labor | 48961 |
| relations services and programs. The state employment relations | 48962 |
| board shall use all moneys deposited into the training
| 48963 |
| publications, and grants fund to defray the costs of furnishing | 48964 |
| and making available copies of documents, rulebooks, and other | 48965 |
| publications; the costs of planning, organizing, and conducting | 48966 |
| training seminars; the costs associated with grant projects, | 48967 |
| innovative labor-management cooperation programs, research | 48968 |
| projects related to these grants and programs, and the advancement | 48969 |
| in professionalism of public sector relations; the professional | 48970 |
| development of board employees; and the costs of compiling | 48971 |
| clearinghouse data. | 48972 |
| The board may seek, solicit, apply for, receive, and accept | 48973 |
| grants, gifts, and contributions of money, property, labor, and | 48974 |
| other things of value to be held for, used for, and applied to | 48975 |
| only the purpose for which the grants, gifts, and contributions | 48976 |
| are made, from individuals, private and public corporations, the | 48977 |
| United States or any agency thereof, the state or any agency | 48978 |
| thereof, and any political subdivision of the state, and may enter | 48979 |
| into any contract with any such public or private source in | 48980 |
| connection therewith to be held for, used for, and applied to only | 48981 |
| the purposes for which such grants are made and contracts are | 48982 |
| entered into, all subject to and in accordance with the purposes | 48983 |
| of this chapter. Any money received from the grants, gifts, | 48984 |
| contributions, or contracts shall be deposited into the training, | 48985 |
| publications, and grants fund. | 48986 |
| Sec. 4121.12. (A) There is hereby created the workers' | 48987 |
|
compensation oversight commission consisting of | 48988 |
| members, of which members the governor shall appoint five with the | 48989 |
| advice and consent of the senate. Of the five members the governor | 48990 |
| appoints, two shall be individuals who, on account of their | 48991 |
| previous vocation, employment, or affiliations, can be classed as | 48992 |
| representative of employees, at least one of whom is | 48993 |
| representative of employees who are members of an employee | 48994 |
| organization; two shall be individuals who, on account of their | 48995 |
| previous vocation, employment, or affiliations, can be classed as | 48996 |
| representative of employers, one of whom represents self-insuring | 48997 |
| employers and one of whom has experience as an employer in | 48998 |
| compliance with section 4123.35 of the Revised Code other than a | 48999 |
| self-insuring employer, and one of those two representatives also | 49000 |
| shall represent employers whose employees are not members of an | 49001 |
| employee organization; and one shall represent the public and also | 49002 |
| be an individual who, on account of the individual's previous | 49003 |
| vocation, employment, or affiliations, cannot be classed as either | 49004 |
| predominantly representative of employees or of employers. The | 49005 |
| governor shall select the chairperson of the commission who shall | 49006 |
| serve as chairperson at the pleasure of the governor. No more than | 49007 |
| three members appointed by the governor shall belong to or be | 49008 |
| affiliated with the same political party. | 49009 |
| Each of these five members shall have at least three years' | 49010 |
| experience in the field of insurance, finance, workers' | 49011 |
| compensation, law, accounting, actuarial, personnel, investments, | 49012 |
| or data processing, or in the management of an organization whose | 49013 |
| size is commensurate with that of the bureau of workers' | 49014 |
| compensation. At least one of these five members shall be an | 49015 |
| attorney licensed under Chapter 4705. of the Revised Code to | 49016 |
| practice law in this state. | 49017 |
| (B) Of the initial appointments made to the commission, the | 49018 |
| governor shall appoint one member who represents employees to a | 49019 |
| term ending one year after September 1, 1995, one member who | 49020 |
| represents employers to a term ending two years after September 1, | 49021 |
| 1995, the member who represents the public to a term ending three | 49022 |
| years after September 1, 1995, one member who represents employees | 49023 |
| to a term ending four years after September 1, 1995, and one | 49024 |
| member who represents employers to a term ending five years after | 49025 |
| September 1, 1995. Thereafter, terms of office shall
be for | 49026 |
| three years, with each term ending on the same day of the same | 49027 |
| month as did the term that it succeeds. Each member shall hold | 49028 |
| office from the date of the member's appointment until the end of | 49029 |
| the term for which the member was appointed. | 49030 |
| The governor shall not appoint any person to more than two | 49031 |
| full terms of office on the commission. This restriction does not | 49032 |
| prevent the governor from appointing a person to fill a vacancy | 49033 |
| caused by the death, resignation, or removal of a commission | 49034 |
| member and also appointing that person twice to full terms on the | 49035 |
| commission, or from appointing a person previously appointed to | 49036 |
| fill less than a full term twice to full terms on the commission. | 49037 |
| Any member appointed to fill a vacancy occurring prior to the | 49038 |
| expiration date of the term for which the member's predecessor was | 49039 |
| appointed shall hold office as a member for the remainder of that | 49040 |
| term. A member shall continue in office subsequent to the | 49041 |
| expiration date of the member's term until a successor takes | 49042 |
| office or until a period of sixty days has elapsed, whichever | 49043 |
| occurs first. | 49044 |
| (C) In making appointments to the commission, the governor | 49045 |
| shall select the members from the list of names submitted by the | 49046 |
| workers' compensation oversight commission nominating committee | 49047 |
| pursuant to this division. Within fourteen days after the governor | 49048 |
| calls the initial meeting of the nominating committee pursuant to | 49049 |
| division (C) of section 4121.123 of the Revised Code, the | 49050 |
| nominating committee shall submit to the governor, for the initial | 49051 |
| appointments, a list containing four separate names for each of | 49052 |
| the members on the commission. Within fourteen days after the | 49053 |
| submission of the list, the governor shall appoint individuals | 49054 |
| from the list. | 49055 |
| For the appointment of the member who is representative of | 49056 |
| employees who are members of an employee organization, both for | 49057 |
| initial appointments and for the filling of vacancies, the list of | 49058 |
| four names submitted by the nominating committee shall be | 49059 |
| comprised of four individuals who are members of the executive | 49060 |
| committee of the largest statewide labor federation. | 49061 |
| Thereafter, within sixty days after a vacancy occurring as a | 49062 |
| result of the expiration of a term and within thirty days after | 49063 |
| other vacancies occurring on the commission, the nominating | 49064 |
| committee shall submit a list containing four names for each | 49065 |
| vacancy. Within fourteen days after the submission of the list, | 49066 |
| the governor shall appoint individuals from the list. With respect | 49067 |
| to the filling of vacancies, the nominating committee shall | 49068 |
| provide the governor with a list of four individuals who are, in | 49069 |
| the judgment of the nominating committee, the most fully qualified | 49070 |
| to accede to membership on the commission. The nominating | 49071 |
| committee shall not include the name of an individual upon the | 49072 |
| list for the filling of vacancies if the appointment of that | 49073 |
| individual by the governor would result in more than three members | 49074 |
| of the commission belonging to or being affiliated with the same | 49075 |
| political party. The committee shall include on the list for the | 49076 |
| filling of vacancies only the names of attorneys admitted to | 49077 |
| practice law in this state if, to fulfill the requirement of | 49078 |
| division (A) of section 4121.12 of the Revised Code, the vacancy | 49079 |
| must be filled by an attorney. | 49080 |
| In order for the name of an individual to be submitted to the | 49081 |
| governor under this division, the nominating committee shall | 49082 |
| approve the individual by an affirmative vote of a majority of its | 49083 |
| members. | 49084 |
| (D) The commission shall also consist of two members, known | 49085 |
| as the investment expert members. One investment expert member | 49086 |
| shall be appointed by the treasurer of state and one investment | 49087 |
| expert member shall be jointly appointed by the speaker of the | 49088 |
| house of representatives and the president of the senate. Each | 49089 |
| investment expert member shall have the following qualifications: | 49090 |
| (1) Be a resident of this state: | 49091 |
| (2) Within the three years immediately preceding the | 49092 |
| appointment, not have been employed by the bureau of workers' | 49093 |
| compensation or by any person, partnership, or corporation that | 49094 |
| has provided to the bureau services of a financial or investment | 49095 |
| nature, including the management, analysis, supervision, or | 49096 |
| investment of assets; | 49097 |
| (3) Have direct experience in the management, analysis, | 49098 |
| supervision, or investment of assets. | 49099 |
| Terms of office of the investment expert members shall be for | 49100 |
| three years, with each term ending on the same day of the same | 49101 |
| month as did the term that it succeeds. Each member shall hold | 49102 |
| office for the date of the member's appointment until the end of | 49103 |
| the term for which the member was appointed. The president, | 49104 |
| speaker, and treasurer shall not appoint any person to more than | 49105 |
| two full terms of office on the commission. This restriction does | 49106 |
| not prevent the president, speaker, and treasurer from appointing | 49107 |
| a person to fill a vacancy caused by the death, resignation, or | 49108 |
| removal of a commission member and also appointing that person | 49109 |
| twice to full terms on the commission, or from appointing a person | 49110 |
| previously appointed to fill less than a full term twice to full | 49111 |
| terms on the commission. Any investment expert member appointed to | 49112 |
| fill a vacancy occurring prior to the expiration of the term for | 49113 |
| which the member's predecessor was appointed shall hold office | 49114 |
| until the end of that term. The member shall continue in office | 49115 |
| subsequent to the expiration date of the member's term until the | 49116 |
| member's successor takes office or until a period of sixty days | 49117 |
| has elapsed, whichever occurs first. | 49118 |
| The investment expert members of the oversight commission | 49119 |
| shall vote only on investment matters. | 49120 |
| (E) The remaining four members of the commission shall be the | 49121 |
| chairperson and ranking minority member of the standing committees | 49122 |
| of the house of representatives and of the senate to which | 49123 |
| legislation concerning this chapter and Chapters 4123., 4127., and | 49124 |
| 4131. of the Revised Code normally are referred, or a designee of | 49125 |
| the chairperson or ranking minority member, provided that the | 49126 |
| designee is a member of the standing committee. Legislative | 49127 |
| members shall serve during the session of the general assembly to | 49128 |
| which they are elected and for as long as they are members of the | 49129 |
| general assembly. Legislative members shall serve in an advisory | 49130 |
| capacity to the commission and shall have no voting rights on | 49131 |
| matters coming before the commission. Membership on the commission | 49132 |
| by legislative members shall not be deemed as holding a public | 49133 |
| office. | 49134 |
| | 49135 |
| reasonable and necessary expenses pursuant to section 126.31 of | 49136 |
| the Revised Code while engaged in the performance of their duties | 49137 |
| as members. | 49138 |
| 49139 | |
| and the investment expert members also shall receive an annual | 49140 |
| salary | 49141 |
| | 49142 |
| 49143 | |
| 49144 | |
| 49145 | |
| 49146 | |
| 49147 | |
| 49148 | |
| 49149 |
| | 49150 |
| dollars payable on the following basis: | 49151 |
| | 49152 |
| section, a member shall receive two thousand dollars during a | 49153 |
| month in which the member attends one or more meetings of the | 49154 |
| commission and shall receive no payment during a month in which | 49155 |
| the member attends no meeting of the commission. | 49156 |
| | 49157 |
| thousand dollar salary regardless of the number of meetings held | 49158 |
| by the commission during a year or the number of meetings in | 49159 |
| excess of nine within a year that the member attends. | 49160 |
| The chairperson of the commission shall set the meeting dates | 49161 |
| of the commission as necessary to perform the duties of the | 49162 |
| commission under this chapter and Chapters 4123., 4127., and 4131. | 49163 |
| of the Revised Code. The commission shall meet at least nine times | 49164 |
| during the period commencing on the first day of September and | 49165 |
| ending on the thirty-first day of August of the following year. | 49166 |
| The administrator of workers' compensation shall provide | 49167 |
| professional and clerical assistance to the commission, as the | 49168 |
| commission considers appropriate. | 49169 |
| | 49170 |
| (1) Review progress of the bureau in meeting its cost and | 49171 |
| quality objectives and in complying with this chapter and Chapters | 49172 |
| 4123., 4127., and 4131. of the Revised Code; | 49173 |
| (2) Issue an annual report on the cost and quality objectives | 49174 |
| of the bureau to the president of the senate, the speaker of the | 49175 |
| house of representatives, and the governor; | 49176 |
| (3) Review all independent financial audits of the bureau. | 49177 |
| The administrator shall provide access to records of the bureau to | 49178 |
| facilitate the review required under this division. | 49179 |
| (4) Study issues as requested by the administrator or the | 49180 |
| governor; | 49181 |
| (5) Contract with an independent actuarial firm to assist the | 49182 |
| commission in making recommendations to the administrator | 49183 |
| regarding premium rates; | 49184 |
| (6) Establish objectives, policies, and criteria for the | 49185 |
| administration of the investment program that include asset | 49186 |
| allocation targets and ranges, risk factors, asset class | 49187 |
| benchmarks, time horizons, total return objectives, and | 49188 |
| performance evaluation guidelines, and monitor the administrator's | 49189 |
| progress in implementing the objectives, policies, and criteria on | 49190 |
| a quarterly basis. The commission shall review and publish the | 49191 |
| objectives, policies, and criteria no less than annually and shall | 49192 |
| make copies available to interested parties. The commission shall | 49193 |
| prohibit, on a prospective basis, any
specific investment | 49194 |
| it finds to be contrary to its investment objectives, policies, | 49195 |
| and criteria. | 49196 |
| | 49197 |
| 49198 | |
| 49199 | |
| 49200 |
| The objectives, policies, and criteria adopted by the | 49201 |
| commission for the operation of the investment program shall | 49202 |
| prohibit investing assets of funds, directly or indirectly, in | 49203 |
| vehicles that target any of the following: | 49204 |
| (a) Coins; | 49205 |
| (b) Artwork; | 49206 |
| (c) Horses; | 49207 |
| (d) Jewelry or gems; | 49208 |
| (e) Stamps; | 49209 |
| (f) Antiques; | 49210 |
| (g) Artifacts; | 49211 |
| (h) Collectibles; | 49212 |
| (i) Memorabilia; | 49213 |
| (j) Similar unregulated investments that are not commonly | 49214 |
| part of an institutional portfolio, that lack liquidity, and that | 49215 |
| lack readily determinable valuation. | 49216 |
| (7) Specify in the objectives, policies, and criteria for the | 49217 |
| investment program that the administrator is permitted to invest | 49218 |
| in an investment class only if the commission, by a majority vote, | 49219 |
| opens that class. After the commission opens a class but prior to | 49220 |
| the administrator investing in that class, the commission shall | 49221 |
| adopt rules establishing due diligence standards for employees' of | 49222 |
| the bureau to follow when investing in that class and shall | 49223 |
| establish policies and procedures to review and monitor the | 49224 |
| performance and value of each investment class. The commission | 49225 |
| shall submit a report annually on the performance and value of | 49226 |
| each investment class to the governor, the president and minority | 49227 |
| leader of the senate, and the speaker and minority leader of the | 49228 |
| house of representatives. The commission may vote to close any | 49229 |
| investment class. | 49230 |
| (8) Advise and consent on all of the following: | 49231 |
| (a) Administrative rules the administrator submits to it | 49232 |
| pursuant to division (B)(5) of section 4121.121 of the Revised | 49233 |
| Code for the classification of occupations or industries, for | 49234 |
| premium rates and contributions, for the amount to be credited to | 49235 |
| the surplus fund, for rules and systems of rating, rate revisions, | 49236 |
| and merit rating; | 49237 |
| (b) The overall policy of the bureau of workers' compensation | 49238 |
| as set by the administrator; | 49239 |
| (c) The duties and authority conferred upon the administrator | 49240 |
| pursuant to section 4121.37 of the Revised Code; | 49241 |
| (d) Rules the administrator adopts for the health partnership | 49242 |
| program and the qualified health plan system, as provided in | 49243 |
| sections 4121.44, 4121.441, and 4121.442 of the Revised Code; | 49244 |
| (e) Rules the administrator submits to it pursuant to Chapter | 49245 |
| 4167. of the Revised Code regarding the public employment risk | 49246 |
| reduction program and the protection of public health care workers | 49247 |
| from exposure incidents. | 49248 |
| As used in this division, "public health care worker" and | 49249 |
| "exposure incident" have the same meanings as in section 4167.25 | 49250 |
| of the Revised Code. | 49251 |
| | 49252 |
| the Revised Code. | 49253 |
| | 49254 |
| convicted of or pleads guilty to a felony, a theft offense as | 49255 |
| defined in section 2913.01 of the Revised Code, or a violation of | 49256 |
| section 102.02, 102.03, 102.04, 2921.02, 2921.11, 2921.13, | 49257 |
| 2921.31, 2921.41, 2921.42, 2921.43, or 2921.44 of the Revised Code | 49258 |
| shall be deemed vacant. The vacancy shall be filled in the same | 49259 |
| manner as the original appointment. A person who has pleaded | 49260 |
| guilty to or been convicted of an offense of that nature is | 49261 |
| ineligible to be a member of the commission. A member who receives | 49262 |
| a bill of indictment for any of the offenses specified in this | 49263 |
| section shall be automatically suspended from the commission | 49264 |
| pending resolution of the criminal matter. | 49265 |
| (I) As used in this section, "employee organization" means | 49266 |
| any labor or bona fide organization in which employees participate | 49267 |
| and which exists for the purpose, in whole or in part, of dealing | 49268 |
| with employers concerning grievances, labor disputes, wages, | 49269 |
| hours, terms and other conditions of employment. | 49270 |
| Sec. 4121.121. (A) There is hereby created the bureau of | 49271 |
| workers' compensation, which shall be administered by the | 49272 |
| administrator of workers' compensation. A person appointed to the | 49273 |
| position of administrator shall possess significant management | 49274 |
| experience in effectively managing an organization or | 49275 |
| organizations of substantial size and complexity. The governor | 49276 |
| shall appoint the administrator as provided in section 121.03 of | 49277 |
| the Revised Code, and the administrator shall serve at the | 49278 |
| pleasure of the governor. The governor shall fix the | 49279 |
| administrator's salary on the basis of the administrator's | 49280 |
| experience and the administrator's responsibilities and duties | 49281 |
| under this chapter and Chapters 4123., 4127., 4131., and 4167. of | 49282 |
| the Revised Code. The governor shall not appoint to the position | 49283 |
| of administrator any person who has, or whose spouse has, given a | 49284 |
| contribution to the campaign committee of the governor in an | 49285 |
| amount greater than one thousand dollars during the two-year | 49286 |
| period immediately preceding the date of the appointment of the | 49287 |
| administrator. | 49288 |
| The administrator shall hold no other public office and shall | 49289 |
| devote full time to the duties of administrator. Before entering | 49290 |
| upon the duties of the office, the administrator shall take an | 49291 |
| oath of office as required by sections 3.22 and 3.23 of the | 49292 |
| Revised Code, and shall file in the office of the secretary of | 49293 |
| state, a bond signed by the administrator and by surety approved | 49294 |
| by the governor, for the sum of fifty thousand dollars payable to | 49295 |
| the state, conditioned upon the faithful performance of the | 49296 |
| administrator's duties. | 49297 |
| (B) The administrator is responsible for the management of | 49298 |
| the bureau of workers' compensation and for the discharge of all | 49299 |
| administrative duties imposed upon the administrator in this | 49300 |
| chapter and Chapters 4123., 4127., 4131., and 4167. of the Revised | 49301 |
| Code, and in the discharge thereof shall do all of the following: | 49302 |
| (1) Establish the overall administrative policy of the bureau | 49303 |
| for the purposes of this chapter and Chapters 4123., 4127., 4131., | 49304 |
| and 4167. of the Revised Code, and perform all acts and exercise | 49305 |
| all authorities and powers, discretionary and otherwise that are | 49306 |
| required of or vested in the bureau or any of its employees in | 49307 |
| this chapter and Chapters 4123., 4127., 4131., and 4167. of the | 49308 |
| Revised Code, except the acts and the exercise of authority and | 49309 |
| power that is required of and vested in the oversight commission | 49310 |
| or the industrial commission pursuant to those chapters. The | 49311 |
| treasurer of state shall honor all warrants signed by the | 49312 |
| administrator, or by one or more of the administrator's employees, | 49313 |
| authorized by the administrator in writing, or bearing the | 49314 |
| facsimile signature of the administrator or such employee under | 49315 |
| sections 4123.42 and 4123.44 of the Revised Code. | 49316 |
| (2) Employ, direct, and supervise all employees required in | 49317 |
| connection with the performance of the duties assigned to the | 49318 |
| bureau by this chapter and Chapters 4123., 4127., 4131., and 4167. | 49319 |
| of the Revised Code, and may establish job classification plans | 49320 |
| and compensation for all employees of the bureau provided that | 49321 |
| this grant of authority shall not be construed as affecting any | 49322 |
| employee for whom the state employment relations board has | 49323 |
| established an appropriate bargaining unit under section 4117.06 | 49324 |
| of the Revised Code. All positions of employment in the bureau are | 49325 |
| in the classified civil service except those employees the | 49326 |
| administrator may appoint to serve at the administrator's pleasure | 49327 |
| in the unclassified civil service pursuant to section 124.11 of | 49328 |
| the Revised Code. The administrator shall fix the salaries of | 49329 |
| employees the administrator appoints to serve at the | 49330 |
| administrator's pleasure, including the chief operating officer, | 49331 |
| staff physicians, and other senior management personnel of the | 49332 |
| bureau and shall establish the compensation of staff attorneys of | 49333 |
| the bureau's legal section and their immediate supervisors, and | 49334 |
| take whatever steps are necessary to provide adequate compensation | 49335 |
| for other staff attorneys. | 49336 |
| The administrator may appoint a person holding a certified | 49337 |
| position in the classified service to any state position in the | 49338 |
| unclassified service of the bureau of workers' compensation. A | 49339 |
| person so appointed shall retain the right to resume the position | 49340 |
| and status held by the person in the classified service | 49341 |
| immediately prior to the person's appointment in the unclassified | 49342 |
| service. If the position the person previously held has been | 49343 |
| filled or placed in the unclassified service, or is otherwise | 49344 |
| unavailable, the person shall be appointed to a position in the | 49345 |
| classified service within the bureau that the department of | 49346 |
| administrative services certifies is comparable in compensation to | 49347 |
| the position the person previously held. Reinstatement to a | 49348 |
| position in the classified service shall be to a position | 49349 |
| substantially equal to that held previously, as certified by the | 49350 |
| department of administrative services. Service in the position in | 49351 |
| the unclassified service shall be counted as service in the | 49352 |
| position in the classified service held by the person immediately | 49353 |
| prior to the person's appointment in the unclassified service. | 49354 |
| When a person is reinstated to a position in the classified | 49355 |
| service as provided in this section, the person is entitled to all | 49356 |
| rights, status, and benefits accruing to the position during the | 49357 |
| person's time of service in the position in the unclassified | 49358 |
| service. | 49359 |
| (3) Reorganize the work of the bureau, its sections, | 49360 |
| departments, and offices to the extent necessary to achieve the | 49361 |
| most efficient performance of its functions and to that end may | 49362 |
| establish, change, or abolish positions and assign and reassign | 49363 |
| duties and responsibilities of every employee of the bureau. All | 49364 |
| persons employed by the commission in positions that, after | 49365 |
| November 3, 1989, are supervised and directed by the administrator | 49366 |
| under this section are transferred to the bureau in their | 49367 |
| respective classifications but subject to reassignment and | 49368 |
| reclassification of position and compensation as the administrator | 49369 |
| determines to be in the interest of efficient administration. The | 49370 |
| civil service status of any person employed by the commission is | 49371 |
| not affected by this section. Personnel employed by the bureau or | 49372 |
| the commission who are subject to Chapter 4117. of the Revised | 49373 |
| Code shall retain all of their rights and benefits conferred | 49374 |
| pursuant to that chapter as it presently exists or is hereafter | 49375 |
| amended and nothing in this chapter or Chapter 4123. of the | 49376 |
| Revised Code shall be construed as eliminating or interfering with | 49377 |
| Chapter 4117. of the Revised Code or the rights and benefits | 49378 |
| conferred under that chapter to public employees or to any | 49379 |
| bargaining unit. | 49380 |
| (4) Provide offices, equipment, supplies, and other | 49381 |
| facilities for the bureau. | 49382 |
| (5) Prepare and submit to the oversight commission | 49383 |
| information the administrator considers pertinent or the oversight | 49384 |
| commission requires, together with the administrator's | 49385 |
| recommendations, in the form of administrative rules, for the | 49386 |
| advice and consent of the oversight commission, for | 49387 |
| classifications of occupations or industries, for premium rates | 49388 |
| and contributions, for the amount to be credited to the surplus | 49389 |
| fund, for rules and systems of rating, rate revisions, and merit | 49390 |
| rating. The administrator shall obtain, prepare, and submit any | 49391 |
| other information the oversight commission requires for the prompt | 49392 |
| and efficient discharge of its duties. | 49393 |
| (6) Keep the accounts required by division (A) of section | 49394 |
| 4123.34 of the Revised Code and all other accounts and records | 49395 |
| necessary to the collection, administration, and distribution of | 49396 |
| the workers' compensation funds and shall obtain the statistical | 49397 |
| and other information required by section 4123.19 of the Revised | 49398 |
| Code. | 49399 |
| (7) Exercise the investment powers vested in the | 49400 |
| administrator by section 4123.44 of the Revised Code in accordance | 49401 |
| with the investment objectives, policies, and criteria established | 49402 |
| by the oversight commission pursuant to section 4121.12 of the | 49403 |
| Revised Code and in consultation with the chief investment officer | 49404 |
| of the bureau of workers' compensation. The administrator shall | 49405 |
| not engage in any prohibited investment activity specified by the | 49406 |
| oversight commission pursuant
to division | 49407 |
| 4121.12 of the Revised Code and shall not invest in any type of | 49408 |
| investment specified in division (G)(6)(a) to (j) of that section. | 49409 |
| All business shall be transacted, all funds invested, all warrants | 49410 |
| for money drawn and payments made, and all cash and securities and | 49411 |
| other property held, in the name of the bureau, or in the name of | 49412 |
| its nominee, provided that nominees are authorized by the | 49413 |
| administrator solely for the purpose of facilitating the transfer | 49414 |
| of securities, and restricted to the administrator and designated | 49415 |
| employees. | 49416 |
| (8) Make contracts for and supervise the construction of any | 49417 |
| project or improvement or the construction or repair of buildings | 49418 |
| under the control of the bureau. | 49419 |
| (9) Purchase supplies, materials, equipment, and services; | 49420 |
| make contracts for, operate, and superintend the telephone, other | 49421 |
| telecommunication, and computer services for the use of the | 49422 |
| bureau; and make contracts in connection with office reproduction, | 49423 |
| forms management, printing, and other services. Notwithstanding | 49424 |
| sections 125.12 to 125.14 of the Revised Code, the administrator | 49425 |
| may transfer surplus computers and computer equipment directly to | 49426 |
| an accredited public school within the state. The computers and | 49427 |
| computer equipment may be repaired or refurbished prior to the | 49428 |
| transfer. | 49429 |
| (10) Separately from the budget the industrial commission | 49430 |
| submits, prepare and submit to the director of budget and | 49431 |
| management a budget for each biennium. The budget submitted shall | 49432 |
| include estimates of the costs and necessary expenditures of the | 49433 |
| bureau in the discharge of any duty imposed by law. | 49434 |
| (11) As promptly as possible in the course of efficient | 49435 |
| administration, decentralize and relocate such of the personnel | 49436 |
| and activities of the bureau as is appropriate to the end that the | 49437 |
| receipt, investigation, determination, and payment of claims may | 49438 |
| be undertaken at or near the place of injury or the residence of | 49439 |
| the claimant and for that purpose establish regional offices, in | 49440 |
| such places as the administrator considers proper, capable of | 49441 |
| discharging as many of the functions of the bureau as is | 49442 |
| practicable so as to promote prompt and efficient administration | 49443 |
| in the processing of claims. All active and inactive lost-time | 49444 |
| claims files shall be held at the service office responsible for | 49445 |
| the claim. A claimant, at the claimant's request, shall be | 49446 |
| provided with information by telephone as to the location of the | 49447 |
| file pertaining to the claimant's claim. The administrator shall | 49448 |
| ensure that all service office employees report directly to the | 49449 |
| director for their service office. | 49450 |
| (12) Provide a written binder on new coverage where the | 49451 |
| administrator considers it to be in the best interest of the risk. | 49452 |
| The administrator, or any other person authorized by the | 49453 |
| administrator, shall grant the binder upon submission of a request | 49454 |
| for coverage by the employer. A binder is effective for a period | 49455 |
| of thirty days from date of issuance and is nonrenewable. Payroll | 49456 |
| reports and premium charges shall coincide with the effective date | 49457 |
| of the binder. | 49458 |
| (13) Set standards for the reasonable and maximum handling | 49459 |
| time of claims payment functions, ensure, by rules, the impartial | 49460 |
| and prompt treatment of all claims and employer risk accounts, and | 49461 |
| establish a secure, accurate method of time stamping all incoming | 49462 |
| mail and documents hand delivered to bureau employees. | 49463 |
| (14) Ensure that all employees of the bureau follow the | 49464 |
| orders and rules of the commission as such orders and rules relate | 49465 |
| to the commission's overall adjudicatory policy-making and | 49466 |
| management duties under this chapter and Chapters 4123., 4127., | 49467 |
| and 4131. of the Revised Code. | 49468 |
| (15) Manage and operate a data processing system with a | 49469 |
| common data base for the use of both the bureau and the commission | 49470 |
| and, in consultation with the commission, using electronic data | 49471 |
| processing equipment, shall develop a claims tracking system that | 49472 |
| is sufficient to monitor the status of a claim at any time and | 49473 |
| that lists appeals that have been filed and orders or | 49474 |
| determinations that have been issued pursuant to section 4123.511 | 49475 |
| or 4123.512 of the Revised Code, including the dates of such | 49476 |
| filings and issuances. | 49477 |
| (16) Establish and maintain a medical section within the | 49478 |
| bureau. The medical section shall do all of the following: | 49479 |
| (a) Assist the administrator in establishing standard medical | 49480 |
| fees, approving medical procedures, and determining eligibility | 49481 |
| and reasonableness of the compensation payments for medical, | 49482 |
| hospital, and nursing services, and in establishing guidelines for | 49483 |
| payment policies which recognize usual, customary, and reasonable | 49484 |
| methods of payment for covered services; | 49485 |
| (b) Provide a resource to respond to questions from claims | 49486 |
| examiners for employees of the bureau; | 49487 |
| (c) Audit fee bill payments; | 49488 |
| (d) Implement a program to utilize, to the maximum extent | 49489 |
| possible, electronic data processing equipment for storage of | 49490 |
| information to facilitate authorizations of compensation payments | 49491 |
| for medical, hospital, drug, and nursing services; | 49492 |
| (e) Perform other duties assigned to it by the administrator. | 49493 |
| (17) Appoint, as the administrator determines necessary, | 49494 |
| panels to review and advise the administrator on disputes arising | 49495 |
| over a determination that a health care service or supply provided | 49496 |
| to a claimant is not covered under this chapter or Chapter 4123. | 49497 |
| of the Revised Code or is medically unnecessary. If an individual | 49498 |
| health care provider is involved in the dispute, the panel shall | 49499 |
| consist of individuals licensed pursuant to the same section of | 49500 |
| the Revised Code as such health care provider. | 49501 |
| (18) Pursuant to section 4123.65 of the Revised Code, approve | 49502 |
| applications for the final settlement of claims for compensation | 49503 |
| or benefits under this chapter and Chapters 4123., 4127., and | 49504 |
| 4131. of the Revised Code as the administrator determines | 49505 |
| appropriate, except in regard to the applications of self-insuring | 49506 |
| employers and their employees. | 49507 |
| (19) Comply with section 3517.13 of the Revised Code, and | 49508 |
| except in regard to contracts entered into pursuant to the | 49509 |
| authority contained in section 4121.44 of the Revised Code, comply | 49510 |
| with the competitive bidding procedures set forth in the Revised | 49511 |
| Code for all contracts into which the administrator enters | 49512 |
| provided that those contracts fall within the type of contracts | 49513 |
| and dollar amounts specified in the Revised Code for competitive | 49514 |
| bidding and further provided that those contracts are not | 49515 |
| otherwise specifically exempt from the competitive bidding | 49516 |
| procedures contained in the Revised Code. | 49517 |
| (20) Adopt, with the advice and consent of the oversight | 49518 |
| commission, rules for the operation of the bureau. | 49519 |
| (21) Prepare and submit to the oversight commission | 49520 |
| information the administrator considers pertinent or the oversight | 49521 |
| commission requires, together with the administrator's | 49522 |
| recommendations, in the form of administrative rules, for the | 49523 |
| advice and consent of the oversight commission, for the health | 49524 |
| partnership program and the qualified health plan system, as | 49525 |
| provided in sections 4121.44, 4121.441, and 4121.442 of the | 49526 |
| Revised Code. | 49527 |
| (C) The administrator, with the advice and consent of the | 49528 |
| senate, shall appoint a chief operating officer who has | 49529 |
| significant experience in the field of workers' compensation | 49530 |
| insurance or other similar insurance industry experience if the | 49531 |
| administrator does not possess such experience. The chief | 49532 |
| operating officer shall not commence the chief operating officer's | 49533 |
| duties until after the senate consents to the chief operating | 49534 |
| officer's appointment. The chief operating officer shall serve in | 49535 |
| the unclassified civil service of the state. | 49536 |
| Sec. 4121.125. (A) The workers' compensation oversight | 49537 |
| commission may contract with one or more outside actuarial firms | 49538 |
| and other professional persons, as the oversight commission | 49539 |
| determines necessary, to assist the oversight commission in | 49540 |
| measuring the performance of Ohio's workers' compensation system | 49541 |
| and in comparing Ohio's workers' compensation system to other | 49542 |
| state and private workers' compensation systems. The oversight | 49543 |
| commission, actuarial firm or firms, and professional persons | 49544 |
| shall make such measurements and comparisons using accepted | 49545 |
| insurance industry standards, including, but not limited to, | 49546 |
| standards promulgated by the National Council on Compensation | 49547 |
| Insurance. | 49548 |
| (B) The oversight commission may contract with one or more | 49549 |
| outside firms to conduct management and financial audits of the | 49550 |
| workers' compensation system, including audits of the reserve fund | 49551 |
| belonging to the state insurance fund, and to establish objective | 49552 |
| quality management principles and methods by which to review the | 49553 |
| performance of the workers' compensation system. | 49554 |
| (C) The administrator and the industrial commission shall | 49555 |
| compile information and provide access to records of the bureau | 49556 |
| and the industrial commission to the oversight commission to the | 49557 |
| extent necessary for fulfillment of both of the following | 49558 |
| requirements: | 49559 |
| (1) Conduct of the measurements and comparisons described in | 49560 |
| division (A) of this section; | 49561 |
| (2) Conduct of the management and financial audits and | 49562 |
| establishment of the principles and methods described in division | 49563 |
| (B) of this section. | 49564 |
| (D) The oversight commission shall have an independent | 49565 |
| auditor, at least once every ten years, conduct a fiduciary | 49566 |
| performance audit of the investment program of the bureau of | 49567 |
| workers' compensation. That audit shall include an audit of the | 49568 |
| investment policies of the oversight commission and investment | 49569 |
| procedures of the bureau. The oversight commission shall submit a | 49570 |
| copy of that audit to the auditor of state. | 49571 |
| (E) The bureau of workers' compensation, with the advice and | 49572 |
| consent of the oversight commission, shall employ an internal | 49573 |
| auditor who shall report directly to the oversight commission on | 49574 |
| investment matters. The oversight commission may request and | 49575 |
| review internal audits conducted by the internal auditor. | 49576 |
| (F) The administrator shall pay the expenses incurred by the | 49577 |
| oversight commission to effectively fulfill its duties and | 49578 |
| exercise its powers under this section as the administrator pays | 49579 |
| other operating expenses of the bureau. | 49580 |
| Sec. 4121.126. Except as provided in this chapter, no member | 49581 |
| of the workers' compensation oversight commission or employee of | 49582 |
| the bureau of workers' compensation shall have any direct or | 49583 |
| indirect interest in the gains or profits of any investment made | 49584 |
| by the administrator of workers' compensation or shall receive | 49585 |
| directly or indirectly any pay or emolument for the member's or | 49586 |
| employee's services. No member or person connected with the bureau | 49587 |
| directly or indirectly, for self or as an agent or partner of | 49588 |
| others, shall borrow any of its funds or deposits or in any manner | 49589 |
| use the funds or deposits except to make current and necessary | 49590 |
| payments that are authorized by the administrator. No member of | 49591 |
| the oversight commission or employee of the bureau shall become an | 49592 |
| indorser or surety or become in any manner an obligor for moneys | 49593 |
| loaned by or borrowed from the bureau. | 49594 |
| The administrator shall make no investments through or | 49595 |
| purchases from, or otherwise do any business with, any individual | 49596 |
| who is, or any partnership, association, or corporation that is | 49597 |
| owned or controlled by, a person who within the preceding three | 49598 |
| years was employed by the bureau, a board member of, or an officer | 49599 |
| of the oversight commission, or a person who within the preceding | 49600 |
| three years was employed by or was an officer holding a fiduciary, | 49601 |
| administrative, supervisory, or trust position, or any other | 49602 |
| position in which such person would be involved, on behalf of the | 49603 |
| person's employer, in decisions or recommendations affecting the | 49604 |
| investment policy of the bureau, and in which such person would | 49605 |
| benefit by any monetary gain. | 49606 |
| Sec. 4121.127. (A) Except as provided in division (B) of | 49607 |
| this section, a fiduciary shall not cause the bureau of workers' | 49608 |
| compensation to engage in a transaction, if the fiduciary knows or | 49609 |
| should know that such transaction constitutes any of the | 49610 |
| following, whether directly or indirectly: | 49611 |
| (1) The sale, exchange, or leasing of any property between | 49612 |
| the bureau and a party in interest; | 49613 |
| (2) Lending of money or other extension of credit between the | 49614 |
| bureau and a party in interest; | 49615 |
| (3) Furnishing of goods, services, or facilities between the | 49616 |
| bureau and a party in interest; | 49617 |
| (4) Transfer to, or use by or for the benefit of a party in | 49618 |
| interest, of any assets of the bureau; | 49619 |
| (5) Acquisition, on behalf of the bureau, of any employer | 49620 |
| security or employer real property. | 49621 |
| (B) Nothing in this section shall prohibit any transaction | 49622 |
| between the bureau and any fiduciary or party in interest if both | 49623 |
| of the following occur: | 49624 |
| (1) All the terms and conditions of the transaction are | 49625 |
| comparable to the terms and conditions that might reasonably be | 49626 |
| expected in a similar transaction between similar parties who are | 49627 |
| not parties in interest. | 49628 |
| (2) The transaction is consistent with fiduciary duties under | 49629 |
| this chapter and Chapters 4123., 4127., and 4131. of the Revised | 49630 |
| Code. | 49631 |
| (C) A fiduciary shall not do any of the following: | 49632 |
| (1) Deal with the assets of the bureau in the fiduciary's own | 49633 |
| interest or for the fiduciary's own account; | 49634 |
| (2) In the fiduciary's individual capacity or in any other | 49635 |
| capacity, act in any transaction involving the bureau on behalf of | 49636 |
| a party, or represent a party, whose interests are adverse to the | 49637 |
| interests of the bureau or to the injured employees served by the | 49638 |
| bureau; | 49639 |
| (3) Receive any consideration for the fiduciary's own | 49640 |
| personal account from any party dealing with the bureau in | 49641 |
| connection with a transaction involving the assets of the bureau. | 49642 |
| (D) In addition to any liability that a fiduciary may have | 49643 |
| under any other provision, a fiduciary, with respect to bureau, | 49644 |
| shall be liable for a breach of fiduciary responsibility in any | 49645 |
| the following circumstances: | 49646 |
| (1) If the fiduciary knowingly participates in or knowingly | 49647 |
| undertakes to conceal an act or omission of another fiduciary, | 49648 |
| knowing such act or omission is a breach; | 49649 |
| (2) If, by the fiduciary's failure to comply with this | 49650 |
| chapter or Chapter 4123., 4127., or 4131. of the Revised Code, the | 49651 |
| fiduciary has enabled another fiduciary to commit a breach; | 49652 |
| (3) If the fiduciary has knowledge of a breach by another | 49653 |
| fiduciary of that fiduciary's duties under this chapter and | 49654 |
| Chapters 4123., 4127., and 4131. of the Revised Code, unless the | 49655 |
| fiduciary makes reasonable efforts under the circumstances to | 49656 |
| remedy the breach. | 49657 |
| (E) Every fiduciary of the bureau shall be bonded or insured | 49658 |
| for an amount of not less than one million dollars for loss by | 49659 |
| reason of acts of fraud or dishonesty. | 49660 |
| (F) As used in this section, "fiduciary" means a person who | 49661 |
| does any of the following: | 49662 |
| (1) Exercises discretionary authority or control with respect | 49663 |
| to the management of the bureau or with respect to the management | 49664 |
| or disposition of its assets; | 49665 |
| (2) Renders investment advice for a fee, directly or | 49666 |
| indirectly, with respect to money or property of the bureau; | 49667 |
| (3) Has discretionary authority or responsibility in the | 49668 |
| administration of the bureau. | 49669 |
| Sec. 4121.128. The attorney general shall be the legal | 49670 |
| adviser of the workers' compensation oversight commission. | 49671 |
| Sec. 4123.27. Information contained in the annual statement | 49672 |
| provided for in section 4123.26 of the Revised Code, and such | 49673 |
| other information as may be furnished to the bureau of workers' | 49674 |
| compensation by employers in pursuance of that section, is for the | 49675 |
| exclusive use and information of the bureau in the discharge of | 49676 |
| its official duties, and shall not be open to the public nor be | 49677 |
| used in any court in any action or proceeding pending therein | 49678 |
| unless the bureau is a party to the action or proceeding; but the | 49679 |
| information contained in the statement may be tabulated and | 49680 |
| published by the bureau in statistical form for the use and | 49681 |
| information of other state departments and the public. No person | 49682 |
| in the employ of the bureau, except those who are authorized by | 49683 |
| the administrator of workers' compensation, shall divulge any | 49684 |
| information secured by the person while in the employ of the | 49685 |
| bureau in respect to the transactions, property, claim files, | 49686 |
| records, or papers of the bureau or in respect to the business or | 49687 |
| mechanical, chemical, or other industrial process of any company, | 49688 |
| firm, corporation, person, association, partnership, or public | 49689 |
| utility to any person other than the administrator or to the | 49690 |
| superior of such employee of the bureau. | 49691 |
| Notwithstanding the restrictions imposed by this section, the | 49692 |
| governor, select or standing committees of the general assembly, | 49693 |
| the auditor of state, the attorney general, or their designees, | 49694 |
| pursuant to the authority granted in this chapter and Chapter | 49695 |
| 4121. of the Revised Code, may examine any records, claim files, | 49696 |
| or papers in possession of the industrial commission or the | 49697 |
| bureau. They also are bound by the privilege that attaches to | 49698 |
| these papers. | 49699 |
| The administrator shall report to the director of job and | 49700 |
| family services or to the county director of job and family | 49701 |
| services the name, address, and social security number or other | 49702 |
| identification number of any person receiving workers' | 49703 |
| compensation whose name or social security number or other | 49704 |
| identification number is the same as that of a person required by | 49705 |
| a court or child support enforcement agency to provide support | 49706 |
| payments to a recipient or participant of public assistance, and | 49707 |
| whose name is submitted to the administrator by the director under | 49708 |
| section 5101.36 of the Revised Code. The administrator also shall | 49709 |
| inform the director of the amount of workers' compensation paid to | 49710 |
| the person during such period as the director specifies. | 49711 |
| Within fourteen days after receiving from the director of job | 49712 |
| and family services a list of the names and social security | 49713 |
| numbers of recipients or participants of public assistance | 49714 |
| pursuant to section 5101.181 of the Revised Code, the | 49715 |
| administrator shall inform the auditor of state of the name, | 49716 |
| current or most recent address, and social security number of each | 49717 |
| person receiving workers' compensation pursuant to this chapter | 49718 |
| whose name and social security number are the same as that of a | 49719 |
| person whose name or social security number was submitted by the | 49720 |
| director. The administrator also shall inform the auditor of state | 49721 |
| of the amount of workers' compensation paid to the person during | 49722 |
| such period as the director specifies. | 49723 |
| The bureau and its employees, except for purposes of | 49724 |
| furnishing the auditor of state with information required by this | 49725 |
| section, shall preserve the confidentiality of recipients or | 49726 |
| participants of public assistance in compliance with division (A) | 49727 |
| of section 5101.181 of the Revised Code. | 49728 |
| For the purposes of this section, "public assistance" means | 49729 |
| medical assistance provided through the medical assistance program | 49730 |
| established under section 5111.01 of the Revised Code, Ohio works | 49731 |
| first provided under Chapter 5107. of the Revised Code, | 49732 |
| prevention, retention, and contingency benefits and services | 49733 |
| provided under Chapter 5108. of the Revised Code, or disability | 49734 |
| financial assistance provided under Chapter 5115. of the Revised | 49735 |
|
Code | 49736 |
| 49737 |
| Sec. 4123.44. The voting members of the workers' | 49738 |
| compensation oversight commission, the administrator of workers' | 49739 |
| compensation, and the bureau of workers' compensation chief | 49740 |
| investment officer are the trustees of the state insurance fund. | 49741 |
| The administrator of workers' compensation, in accordance with | 49742 |
| sections 4121.126 and 4121.127 of the Revised Code and the | 49743 |
| investment objectives, policies, and criteria established by the | 49744 |
| workers' compensation oversight commission pursuant to section | 49745 |
| 4121.12 of the Revised Code, and in consultation with the bureau | 49746 |
| of workers' compensation chief investment officer, may invest any | 49747 |
| of the surplus or reserve belonging to the state insurance fund. | 49748 |
| The administrator shall not invest in any type of investment | 49749 |
| specified in divisions (G)(6)(a) to (j) of section 4121.12 of the | 49750 |
| Revised Code. | 49751 |
| The administrator and other fiduciaries shall discharge their | 49752 |
| duties with respect to the funds with the care, skill, prudence, | 49753 |
| and diligence under the circumstances then prevailing that a | 49754 |
| prudent person acting in a like capacity and familiar with such | 49755 |
| matters would use in the conduct of an enterprise of a like | 49756 |
| character and with like aims, and by diversifying the investments | 49757 |
| of the assets of the funds so as to minimize the risk of large | 49758 |
| losses, unless under the circumstances it is clearly prudent not | 49759 |
| to do so. | 49760 |
| To facilitate investment of the funds, the administrator may | 49761 |
| establish a partnership, trust, limited liability company, | 49762 |
| corporation, including a corporation exempt from taxation under | 49763 |
| the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C. 1, as | 49764 |
| amended, or any other legal entity authorized to transact business | 49765 |
| in this state. | 49766 |
| When reporting on the performance of investments, the | 49767 |
| administrator shall comply with the performance presentation | 49768 |
| standards established by the association for investment management | 49769 |
| and research. | 49770 |
| All investments shall be purchased at current market prices | 49771 |
| and the evidences of title to the investments shall be placed in | 49772 |
| the custody of the treasurer of state, who is hereby designated as | 49773 |
| custodian, or in the custody of the treasurer of state's | 49774 |
| authorized agent. Evidences of title of the investments so | 49775 |
| purchased may be deposited by the treasurer of state for | 49776 |
| safekeeping with an authorized agent selected by the treasurer of | 49777 |
| state who is a qualified trustee under section 135.18 of the | 49778 |
| Revised Code. The treasurer of state or the agent shall collect | 49779 |
| the principal, dividends, distributions, and interest as they | 49780 |
| become due and payable and place them when collected into the | 49781 |
| state insurance fund. | 49782 |
| The treasurer of state shall pay for investments purchased by | 49783 |
| the administrator on receipt of written or electronic instructions | 49784 |
| from the administrator or the administrator's designated agent | 49785 |
| authorizing the purchase, and pending receipt of the evidence of | 49786 |
| title of the investment by the treasurer of state or the treasurer | 49787 |
| of state's authorized agent. The administrator may sell | 49788 |
| investments held by the administrator, and the treasurer of state | 49789 |
| or the treasurer of state's authorized agent shall accept payment | 49790 |
| from the purchaser and deliver evidence of title of the investment | 49791 |
| to the purchaser, on receipt of written or electronic instructions | 49792 |
| from the administrator or the administrator's designated agent | 49793 |
| authorizing the sale, and pending receipt of the moneys for the | 49794 |
| investments. The amount received shall be placed in the state | 49795 |
| insurance fund. The administrator and the treasurer of state may | 49796 |
| enter into agreements to establish procedures for the purchase and | 49797 |
| sale of investments under this division and the custody of the | 49798 |
| investments. | 49799 |
| No purchase or sale of any investment shall be made under | 49800 |
| this section, except as authorized by the administrator. | 49801 |
| Any statement of financial position distributed by the | 49802 |
| administrator shall include the fair value, as of the statement | 49803 |
| date, of all investments held by the administrator under this | 49804 |
| section. | 49805 |
| When in the judgment of the administrator it is necessary to | 49806 |
| provide available funds for the payment of compensation or | 49807 |
| benefits under this chapter, the administrator may borrow money | 49808 |
| from any available source and pledge as security a sufficient | 49809 |
| amount of bonds or other securities in which the state insurance | 49810 |
| fund is invested. The aggregate unpaid amount of loans existing at | 49811 |
| any one time for money so borrowed shall not exceed ten million | 49812 |
| dollars. The bonds or other securities so pledged as security for | 49813 |
| such loans to the administrator shall be the sole security for the | 49814 |
| payment of the principal and interest of any such loan. The | 49815 |
| administrator shall not be personally liable for the payment of | 49816 |
| the principal or the interest of any such loan. No such loan shall | 49817 |
| be made for a longer period of time than one year. Such loans may | 49818 |
| be renewed but no one renewal shall be for a period in excess of | 49819 |
| one year. Such loans shall bear such rate of interest as the | 49820 |
| administrator determines and in negotiating the loans, the | 49821 |
| administrator shall endeavor to secure as favorable interest rates | 49822 |
| and terms as circumstances will permit. | 49823 |
| The treasurer of state may deliver to the person or | 49824 |
| governmental agency making such loan, the bonds or other | 49825 |
| securities which are to be pledged by the administrator as | 49826 |
| security for such loan, upon receipt by the treasurer of state of | 49827 |
| an order of the administrator authorizing such loan. Upon payment | 49828 |
| of any such loan by the administrator, the bonds or other | 49829 |
| securities pledged as security therefor shall be returned to the | 49830 |
| treasurer of state as custodian of such bonds. | 49831 |
| The administrator may pledge with the treasurer of state such | 49832 |
| amount of bonds or other securities in which the state insurance | 49833 |
| fund is invested as is reasonably necessary as security for any | 49834 |
| certificates issued, or paid out, by the treasurer of state upon | 49835 |
| any warrants drawn by the administrator. | 49836 |
| The administrator may secure investment information services, | 49837 |
| consulting services, and other like services to facilitate | 49838 |
| investment of the surplus and reserve belonging to the state | 49839 |
| insurance fund. The administrator shall pay the expense of | 49840 |
| securing such services from the state insurance fund. | 49841 |
| Sec. 4123.441. (A) The bureau of workers' compensation, with | 49842 |
| the advice and consent of the workers' compensation oversight | 49843 |
| commission shall employ a person or designate an employee of the | 49844 |
| bureau who is designated as a chartered financial analyst by the | 49845 |
| CFA institute and who is licensed by the division of securities in | 49846 |
| the department of commerce as a bureau of workers' compensation | 49847 |
| chief investment officer to be the chief investment officer for | 49848 |
| the bureau of workers' compensation. After ninety days after the | 49849 |
| effective date of this section, the bureau of workers' | 49850 |
| compensation may not employ a bureau of workers' compensation | 49851 |
| chief investment officer, as defined in section 1707.01 of the | 49852 |
| Revised Code, who does not hold a valid bureau of workers' | 49853 |
| compensation chief investment officer license issued by the | 49854 |
| division of securities in the department of commerce. The | 49855 |
| oversight commission shall notify the division of securities of | 49856 |
| the department of commerce in writing of its designation and of | 49857 |
| any change in its designation within ten calendar days after the | 49858 |
| designation or change. | 49859 |
| (B) The bureau of workers' compensation chief investment | 49860 |
| officer shall reasonably supervise employees of the bureau who | 49861 |
| handle investment of assets of funds specified in this chapter and | 49862 |
| Chapters 4121., 4127., and 4131. of the Revised Code with a view | 49863 |
| toward preventing violations of Chapter 1707. of the Revised Code, | 49864 |
| the "Commodity Exchange Act," 42 Stat. 998, 7 U.S.C. 1, the | 49865 |
| "Securities Act of 1933," 48 Stat. 74, 15 U.S.C. 77a, the | 49866 |
| "Securities Exchange Act of 1934," 48 Stat. 881, 15 U.S.C. 78a, | 49867 |
| and the rules and regulations adopted under those statutes. This | 49868 |
| duty of reasonable supervision shall include the adoption, | 49869 |
| implementation, and enforcement of written policies and procedures | 49870 |
| reasonably designed to prevent employees of the bureau who handle | 49871 |
| investment of assets of the funds specified in this chapter and | 49872 |
| Chapters 4121., 4127., and 4131. of the Revised Code, from | 49873 |
| misusing material, nonpublic information in violation of those | 49874 |
| laws, rules, and regulations. | 49875 |
| For purposes of this division, no bureau of workers' | 49876 |
| compensation chief investment officer shall be considered to have | 49877 |
| failed to satisfy the officer's duty of reasonable supervision if | 49878 |
| the officer has done all of the following: | 49879 |
| (1) Adopted and implemented written procedures, and a system | 49880 |
| for applying the procedures, that would reasonably be expected to | 49881 |
| prevent and detect, insofar as practicable, any violation by | 49882 |
| employees handling investments of assets of the funds specified in | 49883 |
| this chapter and Chapters 4121., 4127., and 4131. of the Revised | 49884 |
| Code; | 49885 |
| (2) Reasonably discharged the duties and obligations | 49886 |
| incumbent on the bureau of workers' compensation chief investment | 49887 |
| officer by reason of the established procedures and the system for | 49888 |
| applying the procedures when the officer had no reasonable cause | 49889 |
| to believe that there was a failure to comply with the procedures | 49890 |
| and systems; | 49891 |
| (3) Reviewed, at least annually, the adequacy of the policies | 49892 |
| and procedures established pursuant to this section and the | 49893 |
| effectiveness of their implementation. | 49894 |
| (C) The bureau of workers' compensation chief investment | 49895 |
| officer shall establish and maintain a policy to monitor and | 49896 |
| evaluate the effectiveness of securities transactions executed on | 49897 |
| behalf of the bureau. | 49898 |
| Sec. 4123.444. (A) As used in this section and section | 49899 |
| 4123.445 of the Revised Code: | 49900 |
| (1) "Bureau of workers' compensation funds" means any fund | 49901 |
| specified in Chapter 4121., 4123., 4127., or 4131. of the Revised | 49902 |
| Code that the administrator of workers' compensation has the | 49903 |
| authority to invest, in accordance with the administrator's | 49904 |
| investment authority under section 4123.44 of the Revised Code. | 49905 |
| (2) "Investment manager" means any person with whom the | 49906 |
| administrator of workers' compensation contracts pursuant to | 49907 |
| section 4123.44 of the Revised Code to facilitate the investment | 49908 |
| of assets of bureau of workers' compensation funds. | 49909 |
| (3) "Business entity" means any person with whom an | 49910 |
| investment manager contracts for the investment of assets of | 49911 |
| bureau of workers' compensation funds. | 49912 |
| (4) "Financial or investment crime" means any criminal | 49913 |
| offense involving theft, receiving stolen property, embezzlement, | 49914 |
| forgery, fraud, passing bad checks, money laundering, drug | 49915 |
| trafficking, or any criminal offense involving money or | 49916 |
| securities, as set forth in Chapters 2909., 2911., 2913., 2915., | 49917 |
| 2921., 2923., and 2925. of the Revised Code or other law of this | 49918 |
| state, or the laws of any other state or the United States that | 49919 |
| are substantially equivalent to those offenses. | 49920 |
| (B)(1) Before entering into a contract with an investment | 49921 |
| manager to invest bureau of workers' compensation funds, the | 49922 |
| administrator shall do both of the following: | 49923 |
| (a) Request from any investment manager with whom the | 49924 |
| administrator wishes to contract for those investments a list of | 49925 |
| all employees who will be investing assets of bureau of workers' | 49926 |
| compensation funds. The list shall specify each employee's state | 49927 |
| of residence for the five years prior to the date of the | 49928 |
| administrator's request. | 49929 |
| (b) Request that the superintendent of the bureau of criminal | 49930 |
| investigation and identification conduct a criminal records check | 49931 |
| in accordance with this section and section 109.579 of the Revised | 49932 |
| Code with respect to every employee the investment manager names | 49933 |
| in that list. | 49934 |
| (2) After an investment manager enters into a contract with | 49935 |
| the administrator to invest bureau of workers' compensation funds | 49936 |
| and before an investment manager enters into a contract with a | 49937 |
| business entity to facilitate those investments, the investment | 49938 |
| manager shall request from any business entity with whom the | 49939 |
| investment manager wishes to contract to make those investments a | 49940 |
| list of all employees who will be investing assets of the bureau | 49941 |
| of workers' compensation funds. The list shall specify each | 49942 |
| employee's state of residence for the five years prior to the | 49943 |
| investment manager's request. The investment manager shall forward | 49944 |
| to the administrator the list received from the business entity. | 49945 |
| The administrator shall request the superintendent to conduct a | 49946 |
| criminal records check in accordance with this section and section | 49947 |
| 109.579 of the Revised Code with respect to every employee the | 49948 |
| business entity names in that list. Upon receipt of the results of | 49949 |
| the criminal records check, the administrator shall forward a copy | 49950 |
| of those results to the investment manager. | 49951 |
| (3) If, after a contract has been entered into between the | 49952 |
| administrator and an investment manager or between an investment | 49953 |
| manager and a business entity for the investment of assets of | 49954 |
| bureau of workers' compensation funds, the investment manager or | 49955 |
| business entity wishes to have an employee who was not the subject | 49956 |
| of a criminal records check under division (B)(1) or (B)(2) of | 49957 |
| this section invest assets of the bureau of workers' compensation | 49958 |
| funds, that employee shall be the subject of a criminal records | 49959 |
| check pursuant to this section and section 109.579 of the Revised | 49960 |
| Code prior to handling the investment of assets of those funds. | 49961 |
| The investment manager shall submit to the administrator the name | 49962 |
| of that employee along with the employee's state of residence for | 49963 |
| the five years prior to the date in which the administrator | 49964 |
| requests the criminal records check. The administrator shall | 49965 |
| request that the superintendent conduct a criminal records check | 49966 |
| on that employee pursuant to this section and section 109.579 of | 49967 |
| the Revised Code. | 49968 |
| (C)(1) If an employee who is the subject of a criminal | 49969 |
| records check pursuant to division (B) of this section has not | 49970 |
| been a resident of this state for the five-year period immediately | 49971 |
| prior to the time the criminal records check is requested or does | 49972 |
| not provide evidence that within that five-year period the | 49973 |
| superintendent has requested information about the employee from | 49974 |
| the federal bureau of investigation in a criminal records check, | 49975 |
| the administrator shall request that the superintendent obtain | 49976 |
| information from the federal bureau of investigation as a part of | 49977 |
| the criminal records check for the employee. If the employee has | 49978 |
| been a resident of this state for at least that five-year period, | 49979 |
| the administrator may, but is not required to, request that the | 49980 |
| superintendent request and include in the criminal records check | 49981 |
| information about that employee from the federal bureau of | 49982 |
| investigation. | 49983 |
| (2) The administrator shall provide to an investment manager | 49984 |
| a copy of the form prescribed pursuant to division (C)(1) of | 49985 |
| section 109.579 of the Revised Code and a standard impression | 49986 |
| sheet for each employee for whom a criminal records check must be | 49987 |
| performed, to obtain fingerprint impressions as prescribed | 49988 |
| pursuant to division (C)(2) of section 109.579 of the Revised | 49989 |
| Code. The investment manager shall obtain the completed form and | 49990 |
| impression sheet either directly from each employee or from a | 49991 |
| business entity and shall forward the completed form and sheet to | 49992 |
| the administrator, who shall forward these forms and sheets to the | 49993 |
| superintendent. | 49994 |
| (3) Any employee who receives a copy of the form and the | 49995 |
| impression sheet pursuant to division (C)(2) of this section and | 49996 |
| who is requested to complete the form and provide a set of | 49997 |
| fingerprint impressions shall complete the form or provide all the | 49998 |
| information necessary to complete the form and shall complete the | 49999 |
| impression sheets in the manner prescribed in division (C)(2) of | 50000 |
| section 109.579 of the Revised Code. | 50001 |
| (D) For each criminal records check the administrator | 50002 |
| requests under this section, at the time the administrator makes a | 50003 |
| request the administrator shall pay to the superintendent the fee | 50004 |
| the superintendent prescribes pursuant to division (E) of section | 50005 |
| 109.579 of the Revised Code. | 50006 |
| Sec. 4123.445. (A) The administrator of workers' | 50007 |
| compensation shall not enter into a contract with an investment | 50008 |
| manager for the investment of assets of the bureau of workers' | 50009 |
| compensation funds if any employee of that investment manager who | 50010 |
| will be investing assets of bureau of workers' compensation funds | 50011 |
| has been convicted of or pleaded guilty to a financial or | 50012 |
| investment crime. | 50013 |
| (B) An investment manager who has entered into a contract | 50014 |
| with the bureau of workers' compensation for the investment of | 50015 |
| assets of bureau of workers' compensation funds shall not contract | 50016 |
| with a business entity for the investment of those assets if any | 50017 |
| employee of that business manager who will be investing assets of | 50018 |
| bureau of workers' compensation funds has been convicted of or | 50019 |
| pleaded guilty to a financial or investment crime. | 50020 |
| (C) The administrator shall not enter into a contract with an | 50021 |
| investment manager who refuses to submit the list of the | 50022 |
| investment manager's employees required under division (B) of | 50023 |
| section 4123.444 of the Revised Code. An investment manager shall | 50024 |
| not enter into a contract with a business entity who refuses to | 50025 |
| submit the list of the business entity's employees required under | 50026 |
| division (B) of section 4123.444 of the Revised Code. | 50027 |
| (D) If, after a contract has been awarded to an investment | 50028 |
| manager or business entity for the investment of assets of bureau | 50029 |
| of workers' compensation funds, the investment manager or business | 50030 |
| entity discovers that an employee who is handling the investment | 50031 |
| of those assets has been convicted of or pleaded guilty to a | 50032 |
| financial or investment crime, the investment manager or business | 50033 |
| entity immediately shall notify the administrator. | 50034 |
| Sec. 4123.47. (A) The administrator of workers' compensation | 50035 |
| shall have actuarial audits of the state insurance fund and all | 50036 |
| other funds specified in this chapter and Chapters 4121., 4127., | 50037 |
| and 4131. of the Revised Code made at least once | 50038 |
| each year. The audits shall be made and certified by recognized | 50039 |
| insurance actuaries who shall be selected as the administrator | 50040 |
| determines. The audits shall cover the premium rates, | 50041 |
| classifications, and all other matters involving the | 50042 |
| administration of the state insurance fund and all other funds | 50043 |
| specified in this chapter and Chapters 4121., 4127., and 4131. of | 50044 |
| the Revised Code. The expense of the audits shall be paid from the | 50045 |
| state insurance fund. The administrator shall make copies of the | 50046 |
| audits available to the public at cost. | 50047 |
| (B) The auditor of state annually shall conduct an audit of | 50048 |
| the administration of this chapter by the industrial commission | 50049 |
| and the bureau of workers' compensation and the safety and hygiene | 50050 |
| fund. The cost of the audit shall be charged to the administrative | 50051 |
| costs of the bureau as defined in section 4123.341 of the Revised | 50052 |
| Code. The audit shall include audits of all fiscal activities, | 50053 |
| claims processing and handling, and employer premium collections. | 50054 |
| The auditor shall prepare a report of the audit together with | 50055 |
| recommendations and transmit copies of the report to the | 50056 |
| industrial commission the workers' compensation oversight | 50057 |
| commission, the administrator, the governor, and to the general | 50058 |
| assembly. The auditor shall make copies of the report available to | 50059 |
| the public at cost. | 50060 |
| (C) The administrator may retain the services of a recognized | 50061 |
| actuary on a consulting basis for the purpose of evaluating the | 50062 |
| actuarial soundness of premium rates and classifications and all | 50063 |
| other matters involving the administration of the state insurance | 50064 |
| fund. The expense of services provided by the actuary shall be | 50065 |
| paid from the state insurance fund. | 50066 |
| Sec. 4301.10. (A) The division of liquor control shall do | 50067 |
| all of the following: | 50068 |
| (1) Control the traffic in beer and intoxicating liquor in | 50069 |
| this state, including the manufacture, importation, and sale of | 50070 |
| beer and intoxicating liquor; | 50071 |
| (2) Grant or refuse permits for the manufacture, | 50072 |
| distribution, transportation, and sale of beer and intoxicating | 50073 |
| liquor and the sale of alcohol, as authorized or required by this | 50074 |
| chapter and Chapter 4303. of the Revised Code. A certificate, | 50075 |
| signed by the superintendent of liquor control and to which is | 50076 |
| affixed the official seal of the division, stating that it appears | 50077 |
| from the records of the division that no permit has been issued to | 50078 |
| the person specified in the certificate, or that a permit, if | 50079 |
| issued, has been revoked, canceled, or suspended, shall be | 50080 |
| received as prima-facie evidence of the facts recited in the | 50081 |
| certificate in any court or before any officer of this state. | 50082 |
| (3) Put into operation, manage, and control a system of state | 50083 |
| liquor stores for the sale of spirituous liquor at retail and to | 50084 |
| holders of permits authorizing the sale of spirituous liquor; | 50085 |
| however, the division shall not establish any drive-in state | 50086 |
| liquor stores; and by means of those types of stores, and any | 50087 |
| manufacturing plants, distributing and bottling plants, | 50088 |
| warehouses, and other facilities that it considers expedient, | 50089 |
| establish and maintain a state monopoly of the distribution of | 50090 |
| spirituous liquor and its sale in packages or containers; and for | 50091 |
| that purpose, manufacture, buy, import, possess, and sell | 50092 |
| spirituous liquors as provided in this chapter and Chapter 4303. | 50093 |
| of the Revised Code, and in the rules promulgated by the | 50094 |
| superintendent of liquor control pursuant to those chapters; lease | 50095 |
| or in any manner acquire the use of any land or building required | 50096 |
| for any of those purposes; purchase any equipment that is | 50097 |
| required; and borrow money to carry on its business, and issue, | 50098 |
| sign, endorse, and accept notes, checks, and bills of exchange; | 50099 |
| but all obligations of the division created under authority of | 50100 |
| this division shall be a charge only upon the moneys received by | 50101 |
| the division from the sale of spirituous liquor and its other | 50102 |
| business transactions in connection with the sale of spirituous | 50103 |
| liquor, and shall not be general obligations of the state; | 50104 |
| (4) Enforce the administrative provisions of this chapter and | 50105 |
| Chapter 4303. of the Revised Code, and the rules and orders of the | 50106 |
| liquor control commission and the superintendent relating to the | 50107 |
| manufacture, importation, transportation, distribution, and sale | 50108 |
| of beer | 50109 |
| any prosecuting attorney, and any prosecuting officer of a | 50110 |
| municipal corporation or a municipal court shall, at the request | 50111 |
| of the division of liquor control or the department of public | 50112 |
| safety, prosecute any person charged with the violation of any | 50113 |
| provision in those chapters or of any section of the Revised Code | 50114 |
| relating to the manufacture, importation, transportation, | 50115 |
|
distribution, and sale
of beer | 50116 |
| (5) Determine the locations of all state liquor stores and | 50117 |
| manufacturing, distributing, and bottling plants required in | 50118 |
| connection with those stores, subject to this chapter and Chapter | 50119 |
| 4303. of the Revised Code; | 50120 |
| (6) Conduct inspections of liquor permit premises to | 50121 |
| determine compliance with the administrative provisions of this | 50122 |
| chapter and Chapter 4303. of the Revised Code and the rules | 50123 |
| adopted under those provisions by the liquor control commission. | 50124 |
| Except as otherwise provided in division (A)(6) of this | 50125 |
| section, those inspections may be conducted only during those | 50126 |
| hours in which the permit holder is open for business and only by | 50127 |
| authorized agents or employees of the division or by any peace | 50128 |
| officer, as defined in section 2935.01 of the Revised Code. | 50129 |
| Inspections may be conducted at other hours only to determine | 50130 |
| compliance with laws or commission rules that regulate the hours | 50131 |
|
of sale of beer | 50132 |
| investigator has reasonable cause to believe that those laws or | 50133 |
| rules are being violated. Any inspection conducted pursuant to | 50134 |
| division (A)(6) of this section is subject to all of the following | 50135 |
| requirements: | 50136 |
| (a) The only property that may be confiscated is contraband, | 50137 |
| as defined in section 2901.01 of the Revised Code, or property | 50138 |
| that is otherwise necessary for evidentiary purposes. | 50139 |
| (b) A complete inventory of all property confiscated from the | 50140 |
| premises shall be given to the permit holder or the permit | 50141 |
| holder's agent or employee by the confiscating agent or officer at | 50142 |
| the conclusion of the inspection. At that time, the inventory | 50143 |
| shall be signed by the confiscating agent or officer, and the | 50144 |
| agent or officer shall give the permit holder or the permit | 50145 |
| holder's agent or employee the opportunity to sign the inventory. | 50146 |
| (c) Inspections conducted pursuant to division (A)(6) of this | 50147 |
| section shall be conducted in a reasonable manner. A finding by | 50148 |
| any court of competent jurisdiction that | 50149 |
| conducted in a reasonable manner in accordance with this section | 50150 |
|
or any rules | 50151 |
| considered grounds for suppression of evidence. A finding by the | 50152 |
| 50153 | |
| in a reasonable manner in accordance with this section or any | 50154 |
| rules
| 50155 |
| grounds for dismissal of the commission case. | 50156 |
| If any court of competent jurisdiction finds that property | 50157 |
| confiscated as the result of an administrative inspection is not | 50158 |
| necessary for evidentiary purposes and is not contraband, as | 50159 |
| defined in section 2901.01 of the Revised Code, the court shall | 50160 |
| order the immediate return of the confiscated property, provided | 50161 |
| that property is not otherwise subject to forfeiture, to the | 50162 |
| permit holder. However, the return of this property is not grounds | 50163 |
| for dismissal of the case. The commission likewise may order the | 50164 |
| return of confiscated property if no criminal prosecution is | 50165 |
| pending or anticipated. | 50166 |
| (7) Delegate to any of its agents or employees any power of | 50167 |
| investigation that the division possesses with respect to the | 50168 |
|
enforcement of any of the administrative laws relating to beer | 50169 |
| or intoxicating liquor, provided that this division does not | 50170 |
| authorize the division to designate any agent or employee to serve | 50171 |
| as an enforcement agent. The employment and designation of | 50172 |
| enforcement agents shall be within the exclusive authority of the | 50173 |
| director of public safety pursuant to sections 5502.13 to 5502.19 | 50174 |
| of the Revised Code. | 50175 |
| (8) Collect the following fees: | 50176 |
| (a) A biennial | 50177 |
| each agent, solicitor, or salesperson, registered pursuant to | 50178 |
| section 4303.25 of the Revised Code, of a beer or intoxicating | 50179 |
| liquor manufacturer, supplier, broker, or wholesale distributor | 50180 |
| doing business in this state; | 50181 |
| (b) A fifty-dollar product registration fee for each new beer | 50182 |
| or intoxicating liquor product sold in this state. The product | 50183 |
| registration fee shall be accompanied by a copy of the federal | 50184 |
| label and product approval for the new product. | 50185 |
| (c) An annual three-hundred-dollar supplier registration fee | 50186 |
| from each manufacturer or supplier that produces and ships into | 50187 |
| this state, or ships into this state, intoxicating liquor or beer, | 50188 |
| in addition to an initial application fee of one hundred dollars. | 50189 |
| Each supplier, agent, solicitor, or salesperson registration | 50190 |
| issued under this division shall authorize the person named to | 50191 |
| carry on the activity specified in the registration. Each agent, | 50192 |
| solicitor, or salesperson registration is valid for two years or | 50193 |
| for the unexpired portion of a two-year registration period. Each | 50194 |
| supplier registration is valid for one year or for the unexpired | 50195 |
| portion of a one-year registration period. Registrations shall end | 50196 |
| on their respective uniform expiration date, which shall be | 50197 |
| designated by the division, and are subject to suspension, | 50198 |
| revocation, cancellation, or fine as authorized by this chapter | 50199 |
| and Chapter 4303. of the Revised Code. | 50200 |
| (9) Establish a system of electronic data interchange within | 50201 |
| the division and regulate the electronic transfer of information | 50202 |
| and funds among persons and governmental entities engaged in the | 50203 |
| manufacture, distribution, and retail sale of alcoholic beverages; | 50204 |
| (10) Exercise all other powers expressly or by necessary | 50205 |
| implication conferred upon the division by this chapter and | 50206 |
| Chapter 4303. of the Revised Code, and all powers necessary for | 50207 |
| the exercise or discharge of any power, duty, or function | 50208 |
| expressly conferred or imposed upon the division by those | 50209 |
| chapters. | 50210 |
| (B) The division may do all of the following: | 50211 |
| (1) Sue, but may be sued only in connection with the | 50212 |
| execution of leases of real estate and the purchases and contracts | 50213 |
| necessary for the operation of the state liquor stores that are | 50214 |
| made under this chapter and Chapter 4303. of the Revised Code; | 50215 |
| (2) Enter into leases and contracts of all descriptions and | 50216 |
| acquire and transfer title to personal property with regard to the | 50217 |
| sale, distribution, and storage of spirituous liquor within the | 50218 |
| state; | 50219 |
| (3) Terminate at will any lease entered into pursuant to | 50220 |
| division (B)(2) of this section upon first giving ninety days' | 50221 |
| notice in writing to the lessor of its intention to do so; | 50222 |
| (4) Fix the wholesale and retail prices at which the various | 50223 |
| classes, varieties, and brands of spirituous liquor shall be sold | 50224 |
| by the division. Those retail prices shall be the same at all | 50225 |
| state liquor stores, except to the extent that a price | 50226 |
| differential is required to collect a county sales tax levied | 50227 |
| pursuant to section 5739.021 of the Revised Code and for which tax | 50228 |
| the tax commissioner has authorized prepayment pursuant to section | 50229 |
| 5739.05 of the Revised Code. In fixing selling prices, the | 50230 |
| division shall compute an anticipated gross profit at least | 50231 |
| sufficient to provide in each calendar year all costs and expenses | 50232 |
| of the division and also an adequate working capital reserve for | 50233 |
| the division. The gross profit shall not exceed forty per cent of | 50234 |
| the retail selling price based on costs of the division, and in | 50235 |
| addition the sum required by section 4301.12 of the Revised Code | 50236 |
| to be paid into the state treasury. An amount equal to one and | 50237 |
| one-half per cent of that gross profit shall be paid into the | 50238 |
| statewide treatment and prevention fund created by section 4301.30 | 50239 |
| of the Revised Code and be appropriated by the general assembly | 50240 |
| from the fund to the department of alcohol and drug addiction | 50241 |
| services as provided in section 4301.30 of the Revised Code. | 50242 |
| On spirituous liquor manufactured in this state from the | 50243 |
| juice of grapes or fruits grown in this state, the division shall | 50244 |
| compute an anticipated gross profit of not to exceed ten per cent. | 50245 |
| 50246 |
| The wholesale prices fixed under this division shall be at a | 50247 |
| discount of not less
than | 50248 |
| retail selling prices as determined by the division in accordance | 50249 |
| with this section. | 50250 |
| (C) The division may approve the expansion or diminution of a | 50251 |
| premises to which a liquor permit has been issued and may adopt | 50252 |
| standards governing such an expansion or diminution. | 50253 |
| Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of | 50254 |
| the Revised Code: | 50255 |
| (1) "Gallon" or "wine gallon" means one hundred twenty-eight | 50256 |
| fluid ounces. | 50257 |
| (2) "Sale" or "sell" includes exchange, barter, gift, | 50258 |
| distribution, and, except with respect to A-4 permit holders, | 50259 |
| offer for sale. | 50260 |
| (B) For the purposes of providing revenues for the support of | 50261 |
| the state and encouraging the grape industries in the state, a tax | 50262 |
| is hereby levied on the sale or distribution of wine in Ohio, | 50263 |
| except for known sacramental purposes, at the rate of thirty cents | 50264 |
| per wine gallon for wine containing not less than four per cent of | 50265 |
| alcohol by volume and not more than fourteen per cent of alcohol | 50266 |
| by volume, ninety-eight cents per wine gallon for wine containing | 50267 |
| more than fourteen per cent but not more than twenty-one per cent | 50268 |
| of alcohol by volume, one dollar and eight cents per wine gallon | 50269 |
| for vermouth, and one dollar and forty-eight cents per wine gallon | 50270 |
| for sparkling and carbonated wine and champagne, the tax to be | 50271 |
| paid by the holders of A-2 and B-5 permits or by any other person | 50272 |
| selling or distributing wine upon which no tax has been paid. From | 50273 |
| the tax paid under this section on wine, vermouth, and sparkling | 50274 |
| and carbonated wine and champagne, the treasurer of state shall | 50275 |
| credit to the Ohio grape industries fund created under section | 50276 |
| 924.54 of the Revised Code a sum equal to one cent per gallon for | 50277 |
| each gallon upon which the tax is paid. | 50278 |
| (C) For the purpose of providing revenues for the support of | 50279 |
| the state, there is hereby levied a tax on prepared and bottled | 50280 |
| highballs, cocktails, cordials, and other mixed beverages at the | 50281 |
| rate of one dollar and twenty cents per wine gallon to be paid by | 50282 |
| holders of A-4 permits or by any other person selling or | 50283 |
| distributing those products upon which no tax has been paid. Only | 50284 |
| one sale of the same article shall be used in computing the amount | 50285 |
| of tax due. The tax on mixed beverages to be paid by holders of | 50286 |
| A-4 permits under this section shall not attach until the | 50287 |
| ownership of the mixed beverage is transferred for valuable | 50288 |
| consideration to a wholesaler or retailer, and no payment of the | 50289 |
| tax shall be required prior to that time. | 50290 |
| (D) During the period
of July 1,
| 50291 |
| 50292 | |
| and sparkling and carbonated wine and champagne, the treasurer of | 50293 |
| state shall credit to the Ohio grape industries fund created under | 50294 |
| section 924.54 of the Revised Code a sum equal to two cents per | 50295 |
| gallon upon which the tax is paid. The amount credited under this | 50296 |
| division is in addition to the amount credited to the Ohio grape | 50297 |
| industries fund under division (B) of this section. | 50298 |
| (E) For the purpose of providing revenues for the support of | 50299 |
| the state, there is hereby levied a tax on cider at the rate of | 50300 |
| twenty-four cents per wine gallon to be paid by the holders of A-2 | 50301 |
| and B-5 permits or by any other person selling or distributing | 50302 |
| cider upon which no tax has been paid. Only one sale of the same | 50303 |
| article shall be used in computing the amount of the tax due. | 50304 |
| Sec. 4303.182. (A) Except as otherwise provided in divisions | 50305 |
| (B) to (G) of this section, permit D-6 shall be issued to the | 50306 |
| holder of an A-1-A, A-2, C-2, D-2, D-3, D-3a, D-4, D-4a, D-5, | 50307 |
| D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, | 50308 |
| or D-7 permit to allow sale under that permit between the hours of | 50309 |
| ten a.m. and midnight, or between the hours of one p.m. and | 50310 |
| midnight, on Sunday, as applicable, if that sale has been | 50311 |
| authorized under section 4301.361, 4301.364, 4301.365, or 4301.366 | 50312 |
| of the Revised Code and under the restrictions of that | 50313 |
| authorization. | 50314 |
| (B) Permit D-6 shall be issued to the holder of any permit, | 50315 |
| including a D-4a and D-5d permit, authorizing the sale of | 50316 |
| intoxicating liquor issued for a premises located at any publicly | 50317 |
| owned airport, as defined in section 4563.01 of the Revised Code, | 50318 |
| at which commercial airline companies operate regularly scheduled | 50319 |
| flights on which space is available to the public, to allow sale | 50320 |
| under such permit between the hours of ten a.m. and midnight on | 50321 |
| Sunday, whether or not that sale has been authorized under section | 50322 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 50323 |
| (C) Permit D-6 shall be issued to the holder of a D-5a | 50324 |
| permit, and to the holder of a D-3 or D-3a permit who is the owner | 50325 |
| or operator of a hotel or motel that is required to be licensed | 50326 |
| under section 3731.03 of the Revised Code, that contains at least | 50327 |
| fifty rooms for registered transient guests, and that has on its | 50328 |
| premises a retail food establishment or a food service operation | 50329 |
| licensed pursuant to Chapter 3717. of the Revised Code that | 50330 |
| operates as a restaurant for purposes of this chapter and is | 50331 |
| affiliated with the hotel or motel and within or contiguous to the | 50332 |
| hotel or motel and serving food within the hotel or motel, to | 50333 |
| allow sale under such permit between the hours of ten a.m. and | 50334 |
| midnight on Sunday, whether or not that sale has been authorized | 50335 |
| under section 4301.361, 4301.364, 4301.365, or 4301.366 of the | 50336 |
| Revised Code. | 50337 |
| (D) The holder of a D-6 permit that is issued to a sports | 50338 |
| facility may make sales under the permit between the hours of | 50339 |
| eleven a.m. and midnight on any Sunday on which a professional | 50340 |
| baseball, basketball, football, hockey, or soccer game is being | 50341 |
| played at the sports facility. As used in this division, "sports | 50342 |
| facility" means a stadium or arena that has a seating capacity of | 50343 |
| at least four thousand and that is owned or leased by a | 50344 |
| professional baseball, basketball, football, hockey, or soccer | 50345 |
| franchise or any combination of those franchises. | 50346 |
| (E) Permit D-6 shall be issued to the holder of any permit | 50347 |
| that authorizes the sale of beer or intoxicating liquor and that | 50348 |
| is issued to a premises located in or at the Ohio historical | 50349 |
| society area or the state fairgrounds, as defined in division (B) | 50350 |
| of section 4301.40 of the Revised Code, to allow sale under that | 50351 |
| permit between the hours of ten a.m. and midnight on Sunday, | 50352 |
| whether or not that sale has been authorized under section | 50353 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 50354 |
| (F) Permit D-6 shall be issued to the holder of any permit | 50355 |
| that authorizes the sale of intoxicating liquor and that is issued | 50356 |
| to an outdoor performing arts center to allow sale under that | 50357 |
| permit between the hours of one p.m. and midnight on Sunday, | 50358 |
| whether or not that sale has been authorized under section | 50359 |
| 4301.361 of the Revised Code. A D-6 permit issued under this | 50360 |
| division is subject to the results of an election, held after the | 50361 |
| D-6 permit is issued, on question (B)(4) as set forth in section | 50362 |
| 4301.351 of the Revised Code. Following the end of the period | 50363 |
| during which an election may be held on question (B)(4) as set | 50364 |
| forth in that section, sales of intoxicating liquor may continue | 50365 |
| at an outdoor performing arts center under a D-6 permit issued | 50366 |
| under this division, unless an election on that question is held | 50367 |
| during the permitted period and a majority of the voters voting in | 50368 |
| the precinct on that question vote "no." | 50369 |
| As used in this division, "outdoor performing arts center" | 50370 |
| means an outdoor performing arts center that is located on not | 50371 |
| less than eight hundred acres of land and that is open for | 50372 |
| performances from the first day of April to the last day of | 50373 |
| October of each year. | 50374 |
| (G) Permit D-6 shall be issued to the holder of any permit | 50375 |
| that authorizes the sale of beer or intoxicating liquor and that | 50376 |
| is issued to a golf course owned by the state, a conservancy | 50377 |
| district, a park district created under Chapter 1545. of the | 50378 |
| Revised Code, or another political subdivision to allow sale under | 50379 |
| that permit between the hours of ten a.m. and midnight on Sunday, | 50380 |
| whether or not that sale has been authorized under section | 50381 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 50382 |
| (H) Permit D-6 shall be issued to the holder of a D-5g permit | 50383 |
| to allow sale under that permit between the hours of ten a.m. and | 50384 |
| midnight on Sunday, whether or not that sale has been authorized | 50385 |
| under section 4301.361, 4301.364, 4301.365, or 4301.366 of the | 50386 |
| Revised Code. | 50387 |
| (I) Permit D-6 shall be issued to the holder of any D permit | 50388 |
| for a premises that is licensed under Chapter 3717. of the Revised | 50389 |
| Code and that is located at a ski area to allow sale under the D-6 | 50390 |
| permit between the hours of ten a.m. and midnight on Sunday, | 50391 |
| whether or not that sale has been authorized under section | 50392 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 50393 |
| As used in this division, "ski area" means a ski area as | 50394 |
| defined in section 4169.01 of the Revised Code, provided that the | 50395 |
| passenger tramway operator at that area is registered under | 50396 |
| section 4169.03 of the Revised Code. | 50397 |
| (J) If the restriction to licensed premises where the sale of | 50398 |
| food and other goods and services exceeds fifty per cent of the | 50399 |
| total gross receipts of the permit holder at the premises is | 50400 |
| applicable, the division of liquor control may accept an affidavit | 50401 |
| from the permit holder to show the proportion of the permit | 50402 |
| holder's gross receipts derived from the sale of food and other | 50403 |
| goods and services. If the liquor control commission determines | 50404 |
| that affidavit to have been false, it shall revoke the permits of | 50405 |
| the permit holder at the premises concerned. | 50406 |
| | 50407 |
| when it is issued to the holder of an A-1-A, A-2, D-2, D-3, D-3a, | 50408 |
| D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, | 50409 |
| D-5i, D-5j, D-5k, or D-7 permit. The fee for the D-6 permit is | 50410 |
| four hundred dollars when it is issued to the holder of a C-2 | 50411 |
| permit. | 50412 |
| Sec. 4501.01. As used in this chapter and Chapters 4503., | 50413 |
| 4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the | 50414 |
| Revised Code, and in the penal laws, except as otherwise provided: | 50415 |
| (A) "Vehicles" means everything on wheels or runners, | 50416 |
| including motorized bicycles, but does not mean electric personal | 50417 |
| assistive mobility devices, vehicles that are operated exclusively | 50418 |
| on rails or tracks or from overhead electric trolley wires, and | 50419 |
| vehicles that belong to any police department, municipal fire | 50420 |
| department, or volunteer fire department, or that are used by such | 50421 |
| a department in the discharge of its functions. | 50422 |
| (B) "Motor vehicle" means any vehicle, including mobile homes | 50423 |
| and recreational vehicles, that is propelled or drawn by power | 50424 |
| other than muscular power or power collected from overhead | 50425 |
| electric trolley wires. "Motor vehicle" does not include utility | 50426 |
| vehicles as defined in division (VV) of this section, motorized | 50427 |
| bicycles, road rollers, traction engines, power shovels, power | 50428 |
| cranes, and other equipment used in construction work and not | 50429 |
| designed for or employed in general highway transportation, | 50430 |
| well-drilling machinery, ditch-digging machinery, farm machinery, | 50431 |
| trailers that are used to transport agricultural produce or | 50432 |
| agricultural production materials between a local place of storage | 50433 |
| or supply and the farm when drawn or towed on a public road or | 50434 |
| highway at a speed of twenty-five miles per hour or less, | 50435 |
| threshing machinery, hay-baling machinery, corn sheller, | 50436 |
| hammermill and agricultural tractors, machinery used in the | 50437 |
| production of horticultural, agricultural, and vegetable products, | 50438 |
| and trailers that are designed and used exclusively to transport a | 50439 |
| boat between a place of storage and a marina, or in and around a | 50440 |
| marina, when drawn or towed on a public road or highway for a | 50441 |
| distance of no more than ten miles and at a speed of twenty-five | 50442 |
| miles per hour or less. | 50443 |
| (C) "Agricultural tractor" and "traction engine" mean any | 50444 |
| self-propelling vehicle that is designed or used for drawing other | 50445 |
| vehicles or wheeled machinery, but has no provisions for carrying | 50446 |
| loads independently of such other vehicles, and that is used | 50447 |
| principally for agricultural purposes. | 50448 |
| (D) "Commercial tractor," except as defined in division (C) | 50449 |
| of this section, means any motor vehicle that has motive power and | 50450 |
| either is designed or used for drawing other motor vehicles, or is | 50451 |
| designed or used for drawing another motor vehicle while carrying | 50452 |
| a portion of the other motor vehicle or its load, or both. | 50453 |
| (E) "Passenger car" means any motor vehicle that is designed | 50454 |
| and used for carrying not more than nine persons and includes any | 50455 |
| motor vehicle that is designed and used for carrying not more than | 50456 |
| fifteen persons in a ridesharing arrangement. | 50457 |
| (F) "Collector's vehicle" means any motor vehicle or | 50458 |
| agricultural tractor or traction engine that is of special | 50459 |
| interest, that has a fair market value of one hundred dollars or | 50460 |
| more, whether operable or not, and that is owned, operated, | 50461 |
| collected, preserved, restored, maintained, or used essentially as | 50462 |
| a collector's item, leisure pursuit, or investment, but not as the | 50463 |
| owner's principal means of transportation. "Licensed collector's | 50464 |
| vehicle" means a collector's vehicle, other than an agricultural | 50465 |
| tractor or traction engine, that displays current, valid license | 50466 |
| tags issued under section 4503.45 of the Revised Code, or a | 50467 |
| similar type of motor vehicle that displays current, valid license | 50468 |
| tags issued under substantially equivalent provisions in the laws | 50469 |
| of other states. | 50470 |
| (G) "Historical motor vehicle" means any motor vehicle that | 50471 |
| is over twenty-five years old and is owned solely as a collector's | 50472 |
| item and for participation in club activities, exhibitions, tours, | 50473 |
| parades, and similar uses, but that in no event is used for | 50474 |
| general transportation. | 50475 |
| (H) "Noncommercial motor vehicle" means any motor vehicle, | 50476 |
| including a farm truck as defined in section 4503.04 of the | 50477 |
| Revised Code, that is designed by the manufacturer to carry a load | 50478 |
| of no more than one ton and is used exclusively for purposes other | 50479 |
| than engaging in business for profit. | 50480 |
| (I) "Bus" means any motor vehicle that has motor power and is | 50481 |
| designed and used for carrying more than nine passengers, except | 50482 |
| any motor vehicle that is designed and used for carrying not more | 50483 |
| than fifteen passengers in a ridesharing arrangement. | 50484 |
| (J) "Commercial car" or "truck" means any motor vehicle that | 50485 |
| has motor power and is designed and used for carrying merchandise | 50486 |
| or freight, or that is used as a commercial tractor. | 50487 |
| (K) "Bicycle" means every device, other than a tricycle that | 50488 |
| is designed solely for use as a play vehicle by a child, that is | 50489 |
| propelled solely by human power upon which any person may ride, | 50490 |
| and that has either two tandem wheels, or one wheel in front and | 50491 |
| two wheels in the rear, any of which is more than fourteen inches | 50492 |
| in diameter. | 50493 |
| (L) "Motorized bicycle" means any vehicle that either has two | 50494 |
| tandem wheels or one wheel in the front and two wheels in the | 50495 |
| rear, that is capable of being pedaled, and that is equipped with | 50496 |
| a helper motor of not more than fifty cubic centimeters piston | 50497 |
| displacement that produces no more than one brake horsepower and | 50498 |
| is capable of propelling the vehicle at a speed of no greater than | 50499 |
| twenty miles per hour on a level surface. | 50500 |
| (M) "Trailer" means any vehicle without motive power that is | 50501 |
| designed or used for carrying property or persons wholly on its | 50502 |
| own structure and for being drawn by a motor vehicle, and includes | 50503 |
| any such vehicle that is formed by or operated as a combination of | 50504 |
| a semitrailer and a vehicle of the dolly type such as that | 50505 |
| commonly known as a trailer dolly, a vehicle used to transport | 50506 |
| agricultural produce or agricultural production materials between | 50507 |
| a local place of storage or supply and the farm when drawn or | 50508 |
| towed on a public road or highway at a speed greater than | 50509 |
| twenty-five miles per hour, and a vehicle that is designed and | 50510 |
| used exclusively to transport a boat between a place of storage | 50511 |
| and a marina, or in and around a marina, when drawn or towed on a | 50512 |
| public road or highway for a distance of more than ten miles or at | 50513 |
| a speed of more than twenty-five miles per hour. "Trailer" does | 50514 |
| not include a manufactured home or travel trailer. | 50515 |
| (N) "Noncommercial trailer" means any trailer, except a | 50516 |
| travel trailer or trailer that is used to transport a boat as | 50517 |
| described in division (B) of this section, but, where applicable, | 50518 |
| includes a vehicle that is used to transport a boat as described | 50519 |
| in division (M) of this section, that has a gross weight of no | 50520 |
| more than three thousand pounds, and that is used exclusively for | 50521 |
| purposes other than engaging in business for a profit. | 50522 |
| (O) "Mobile home" means a building unit or assembly of closed | 50523 |
| construction that is fabricated in an off-site facility, is more | 50524 |
| than thirty-five body feet in length or, when erected on site, is | 50525 |
| three hundred twenty or more square feet, is built on a permanent | 50526 |
| chassis, is transportable in one or more sections, and does not | 50527 |
| qualify as a manufactured home as defined in division (C)(4) of | 50528 |
| section 3781.06 of the Revised Code or as an industrialized unit | 50529 |
| as defined in division (C)(3) of section 3781.06 of the Revised | 50530 |
| Code. | 50531 |
| (P) "Semitrailer" means any vehicle of the trailer type that | 50532 |
| does not have motive power and is so designed or used with another | 50533 |
| and separate motor vehicle that in operation a part of its own | 50534 |
| weight or that of its load, or both, rests upon and is carried by | 50535 |
| the other vehicle furnishing the motive power for propelling | 50536 |
| itself and the vehicle referred to in this division, and includes, | 50537 |
| for the purpose only of registration and taxation under those | 50538 |
| chapters, any vehicle of the dolly type, such as a trailer dolly, | 50539 |
| that is designed or used for the conversion of a semitrailer into | 50540 |
| a trailer. | 50541 |
| (Q) "Recreational vehicle" means a vehicular portable | 50542 |
| structure that meets all of the following conditions: | 50543 |
| (1) It is designed for the sole purpose of recreational | 50544 |
| travel. | 50545 |
| (2) It is not used for the purpose of engaging in business | 50546 |
| for profit. | 50547 |
| (3) It is not used for the purpose of engaging in intrastate | 50548 |
| commerce. | 50549 |
| (4) It is not used for the purpose of commerce as defined in | 50550 |
| 49 C.F.R. 383.5, as amended. | 50551 |
| (5) It is not regulated by the public utilities commission | 50552 |
| pursuant to Chapter 4919., 4921., or 4923. of the Revised Code. | 50553 |
| (6) It is classed as one of the following: | 50554 |
| (a) "Travel trailer" means a nonself-propelled recreational | 50555 |
| vehicle that does not exceed an overall length of thirty-five | 50556 |
| feet, exclusive of bumper and tongue or coupling, and contains | 50557 |
| less than three hundred twenty square feet of space when erected | 50558 |
| on site. "Travel trailer" includes a tent-type fold-out camping | 50559 |
| trailer as defined in section 4517.01 of the Revised Code. | 50560 |
| (b) "Motor home" means a self-propelled recreational vehicle | 50561 |
| that has no fifth wheel and is constructed with permanently | 50562 |
| installed facilities for cold storage, cooking and consuming of | 50563 |
| food, and for sleeping. | 50564 |
| (c) "Truck camper" means a nonself-propelled recreational | 50565 |
| vehicle that does not have wheels for road use and is designed to | 50566 |
| be placed upon and attached to a motor vehicle. "Truck camper" | 50567 |
| does not include truck covers that consist of walls and a roof, | 50568 |
| but do not have floors and facilities enabling them to be used as | 50569 |
| a dwelling. | 50570 |
| (d) "Fifth wheel trailer" means a vehicle that is of such | 50571 |
| size and weight as to be movable without a special highway permit, | 50572 |
| that has a gross trailer area of four hundred square feet or less, | 50573 |
| that is constructed with a raised forward section that allows a | 50574 |
| bi-level floor plan, and that is designed to be towed by a vehicle | 50575 |
| equipped with a fifth-wheel hitch ordinarily installed in the bed | 50576 |
| of a truck. | 50577 |
| (e) "Park trailer" means a vehicle that is commonly known as | 50578 |
| a park model recreational vehicle, meets the American national | 50579 |
| standard institute standard A119.5 (1988) for park trailers, is | 50580 |
| built on a single chassis, has a gross trailer area of four | 50581 |
| hundred square feet or less when set up, is designed for seasonal | 50582 |
| or temporary living quarters, and may be connected to utilities | 50583 |
| necessary for the operation of installed features and appliances. | 50584 |
| (R) "Pneumatic tires" means tires of rubber and fabric or | 50585 |
| tires of similar material, that are inflated with air. | 50586 |
| (S) "Solid tires" means tires of rubber or similar elastic | 50587 |
| material that are not dependent upon confined air for support of | 50588 |
| the load. | 50589 |
| (T) "Solid tire vehicle" means any vehicle that is equipped | 50590 |
| with two or more solid tires. | 50591 |
| (U) "Farm machinery" means all machines and tools that are | 50592 |
| used in the production, harvesting, and care of farm products, and | 50593 |
| includes trailers that are used to transport agricultural produce | 50594 |
| or agricultural production materials between a local place of | 50595 |
| storage or supply and the farm when drawn or towed on a public | 50596 |
| road or highway at a speed of twenty-five miles per hour or less. | 50597 |
| (V) "Owner" includes any person or firm, other than a | 50598 |
| manufacturer or dealer, that has title to a motor vehicle, except | 50599 |
| that, in sections 4505.01 to 4505.19 of the Revised Code, "owner" | 50600 |
| includes in addition manufacturers and dealers. | 50601 |
| (W) "Manufacturer" and "dealer" include all persons and firms | 50602 |
| that are regularly engaged in the business of manufacturing, | 50603 |
| selling, displaying, offering for sale, or dealing in motor | 50604 |
| vehicles, at an established place of business that is used | 50605 |
| exclusively for the purpose of manufacturing, selling, displaying, | 50606 |
| offering for sale, or dealing in motor vehicles. A place of | 50607 |
| business that is used for manufacturing, selling, displaying, | 50608 |
| offering for sale, or dealing in motor vehicles shall be deemed to | 50609 |
| be used exclusively for those purposes even though snowmobiles or | 50610 |
| all-purpose vehicles are sold or displayed for sale thereat, even | 50611 |
| though farm machinery is sold or displayed for sale thereat, or | 50612 |
| even though repair, accessory, gasoline and oil, storage, parts, | 50613 |
| service, or paint departments are maintained thereat, or, in any | 50614 |
| county having a population of less than seventy-five thousand at | 50615 |
| the last federal census, even though a department in a place of | 50616 |
| business is used to dismantle, salvage, or rebuild motor vehicles | 50617 |
| by means of used parts, if such departments are operated for the | 50618 |
| purpose of furthering and assisting in the business of | 50619 |
| manufacturing, selling, displaying, offering for sale, or dealing | 50620 |
| in motor vehicles. Places of business or departments in a place of | 50621 |
| business used to dismantle, salvage, or rebuild motor vehicles by | 50622 |
| means of using used parts are not considered as being maintained | 50623 |
| for the purpose of assisting or furthering the manufacturing, | 50624 |
| selling, displaying, and offering for sale or dealing in motor | 50625 |
| vehicles. | 50626 |
| (X) "Operator" includes any person who drives or operates a | 50627 |
| motor vehicle upon the public highways. | 50628 |
| (Y) "Chauffeur" means any operator who operates a motor | 50629 |
| vehicle, other than a taxicab, as an employee for hire; or any | 50630 |
| operator whether or not the owner of a motor vehicle, other than a | 50631 |
| taxicab, who operates such vehicle for transporting, for gain, | 50632 |
| compensation, or profit, either persons or property owned by | 50633 |
| another. Any operator of a motor vehicle who is voluntarily | 50634 |
| involved in a ridesharing arrangement is not considered an | 50635 |
| employee for hire or operating such vehicle for gain, | 50636 |
| compensation, or profit. | 50637 |
| (Z) "State" includes the territories and federal districts of | 50638 |
| the United States, and the provinces of Canada. | 50639 |
| (AA) "Public roads and highways" for vehicles includes all | 50640 |
| public thoroughfares, bridges, and culverts. | 50641 |
| (BB) "Manufacturer's number" means the manufacturer's | 50642 |
| original serial number that is affixed to or imprinted upon the | 50643 |
| chassis or other part of the motor vehicle. | 50644 |
| (CC) "Motor number" means the manufacturer's original number | 50645 |
| that is affixed to or imprinted upon the engine or motor of the | 50646 |
| vehicle. | 50647 |
| (DD) "Distributor" means any person who is authorized by a | 50648 |
| motor vehicle manufacturer to distribute new motor vehicles to | 50649 |
| licensed motor vehicle dealers at an established place of business | 50650 |
| that is used exclusively for the purpose of distributing new motor | 50651 |
| vehicles to licensed motor vehicle dealers, except when the | 50652 |
| distributor also is a new motor vehicle dealer, in which case the | 50653 |
| distributor may distribute at the location of the distributor's | 50654 |
| licensed dealership. | 50655 |
| (EE) "Ridesharing arrangement" means the transportation of | 50656 |
| persons in a motor vehicle where the transportation is incidental | 50657 |
| to another purpose of a volunteer driver and includes ridesharing | 50658 |
| arrangements known as carpools, vanpools, and buspools. | 50659 |
| (FF) "Apportionable vehicle" means any vehicle that is used | 50660 |
| or intended for use in two or more international registration plan | 50661 |
| member jurisdictions that allocate or proportionally register | 50662 |
| vehicles, that is used for the transportation of persons for hire | 50663 |
| or designed, used, or maintained primarily for the transportation | 50664 |
| of property, and that meets any of the following qualifications: | 50665 |
| (1) Is a power unit having a gross vehicle weight in excess | 50666 |
| of twenty-six thousand pounds; | 50667 |
| (2) Is a power unit having three or more axles, regardless of | 50668 |
| the gross vehicle weight; | 50669 |
| (3) Is a combination vehicle with a gross vehicle weight in | 50670 |
| excess of twenty-six thousand pounds. | 50671 |
| "Apportionable vehicle" does not include recreational | 50672 |
| vehicles, vehicles displaying restricted plates, city pick-up and | 50673 |
| delivery vehicles, buses used for the transportation of chartered | 50674 |
| parties, or vehicles owned and operated by the United States, this | 50675 |
| state, or any political subdivisions thereof. | 50676 |
| (GG) "Chartered party" means a group of persons who contract | 50677 |
| as a group to acquire the exclusive use of a passenger-carrying | 50678 |
| motor vehicle at a fixed charge for the vehicle in accordance with | 50679 |
| the carrier's tariff, lawfully on file with the United States | 50680 |
| department of transportation, for the purpose of group travel to a | 50681 |
| specified destination or for a particular itinerary, either agreed | 50682 |
| upon in advance or modified by the chartered group after having | 50683 |
| left the place of origin. | 50684 |
| (HH) "International registration plan" means a reciprocal | 50685 |
| agreement of member jurisdictions that is endorsed by the American | 50686 |
| association of motor vehicle administrators, and that promotes and | 50687 |
| encourages the fullest possible use of the highway system by | 50688 |
| authorizing apportioned registration of fleets of vehicles and | 50689 |
| recognizing registration of vehicles apportioned in member | 50690 |
| jurisdictions. | 50691 |
| (II) "Restricted plate" means a license plate that has a | 50692 |
| restriction of time, geographic area, mileage, or commodity, and | 50693 |
| includes license plates issued to farm trucks under division (J) | 50694 |
| of section 4503.04 of the Revised Code. | 50695 |
| (JJ) "Gross vehicle weight," with regard to any commercial | 50696 |
| car, trailer, semitrailer, or bus that is taxed at the rates | 50697 |
| established under section 4503.042 of the Revised Code, means the | 50698 |
| unladen weight of the vehicle fully equipped plus the maximum | 50699 |
| weight of the load to be carried on the vehicle. | 50700 |
| (KK) "Combined gross vehicle weight" with regard to any | 50701 |
| combination of a commercial car, trailer, and semitrailer, that is | 50702 |
| taxed at the rates established under section 4503.042 of the | 50703 |
| Revised Code, means the total unladen weight of the combination of | 50704 |
| vehicles fully equipped plus the maximum weight of the load to be | 50705 |
| carried on that combination of vehicles. | 50706 |
| (LL) "Chauffeured limousine" means a motor vehicle that is | 50707 |
| designed to carry nine or fewer passengers and is operated for | 50708 |
| hire on an hourly basis pursuant to a prearranged contract for the | 50709 |
| transportation of passengers on public roads and highways along a | 50710 |
| route under the control of the person hiring the vehicle and not | 50711 |
| over a defined and regular route. "Prearranged contract" means an | 50712 |
| agreement, made in advance of boarding, to provide transportation | 50713 |
| from a specific location in a chauffeured limousine at a fixed | 50714 |
| rate per hour or trip. "Chauffeured limousine" does not include | 50715 |
| any vehicle that is used exclusively in the business of funeral | 50716 |
| directing. | 50717 |
| (MM) "Manufactured home" has the same meaning as in division | 50718 |
| (C)(4) of section 3781.06 of the Revised Code. | 50719 |
| (NN) "Acquired situs," with respect to a manufactured home or | 50720 |
| a mobile home, means to become located in this state by the | 50721 |
| placement of the home on real property, but does not include the | 50722 |
| placement of a manufactured home or a mobile home in the inventory | 50723 |
| of a new motor vehicle dealer or the inventory of a manufacturer, | 50724 |
| remanufacturer, or distributor of manufactured or mobile homes. | 50725 |
| (OO) "Electronic" includes electrical, digital, magnetic, | 50726 |
| optical, electromagnetic, or any other form of technology that | 50727 |
| entails capabilities similar to these technologies. | 50728 |
| (PP) "Electronic record" means a record generated, | 50729 |
| communicated, received, or stored by electronic means for use in | 50730 |
| an information system or for transmission from one information | 50731 |
| system to another. | 50732 |
| (QQ) "Electronic signature" means a signature in electronic | 50733 |
| form attached to or logically associated with an electronic | 50734 |
| record. | 50735 |
| (RR) "Financial transaction device" has the same meaning as | 50736 |
| in division (A) of section 113.40 of the Revised Code. | 50737 |
| (SS) "Electronic motor vehicle dealer" means a motor vehicle | 50738 |
| dealer licensed under Chapter 4517. of the Revised Code whom the | 50739 |
| registrar of motor vehicles determines meets the criteria | 50740 |
| designated in section 4503.035 of the Revised Code for electronic | 50741 |
| motor vehicle dealers and designates as an electronic motor | 50742 |
| vehicle dealer under that section. | 50743 |
| (TT) "Electric personal assistive mobility device" means a | 50744 |
| self-balancing two non-tandem wheeled device that is designed to | 50745 |
| transport only one person, has an electric propulsion system of an | 50746 |
| average of seven hundred fifty watts, and when ridden on a paved | 50747 |
| level surface by an operator who weighs one hundred seventy pounds | 50748 |
| has a maximum speed of less than twenty miles per hour. | 50749 |
| (UU) "Limited driving privileges" means the privilege to | 50750 |
| operate a motor vehicle that a court grants under section 4510.021 | 50751 |
| of the Revised Code to a person whose driver's or commercial | 50752 |
| driver's license or permit or nonresident operating privilege has | 50753 |
| been suspended. | 50754 |
| (VV) "Utility vehicle" means a self-propelled vehicle | 50755 |
| designed with a bed, principally for the purpose of transporting | 50756 |
| material or cargo in connection with construction, agricultural, | 50757 |
| forestry, grounds maintenance, lawn and garden, materials | 50758 |
| handling, or similar activities. | 50759 |
| Sec. 4501.37. (A) No court may reverse, suspend, or delay | 50760 |
| any order made by the registrar of motor vehicles, or enjoin, | 50761 |
| restrain, or interfere with the registrar or a deputy registrar in | 50762 |
| the performance of official duties, except as provided in this | 50763 |
| chapter and Chapter 4507. or 4510. of the Revised Code. | 50764 |
| (B) A court shall not order the bureau of motor vehicles to | 50765 |
| delete a record of conviction unless the court finds that deletion | 50766 |
| of the record of conviction is necessary to correct an error. The | 50767 |
| bureau shall not comply with a court order that directs the | 50768 |
| deletion of a record of conviction unless the order states that | 50769 |
| the record of conviction is being deleted in order to correct an | 50770 |
| error. | 50771 |
| Sec. 4503.103. (A)(1)(a)(i) The registrar of motor vehicles | 50772 |
| may adopt rules to permit any person or lessee, other than a | 50773 |
| person receiving an apportioned license plate under the | 50774 |
| international registration plan, who owns or leases one or more | 50775 |
| motor vehicles to file a written application for registration for | 50776 |
| no more than five succeeding registration years. The rules adopted | 50777 |
| by the registrar may designate the classes of motor vehicles that | 50778 |
| are eligible for such registration. At the time of application, | 50779 |
| all annual taxes and fees shall be paid for each year for which | 50780 |
| the person is registering. | 50781 |
| (ii) The registrar shall adopt rules to permit any person or | 50782 |
| lessee who owns or leases two or more trailers or semitrailers | 50783 |
| that are subject to the tax rates prescribed in section 4503.042 | 50784 |
| of the Revised Code for such trailers or semitrailers to file a | 50785 |
| written application for registration for not more than five | 50786 |
| succeeding registration years. At the time of application, all | 50787 |
| annual taxes and fees shall be paid for each year for which the | 50788 |
| person is registering. | 50789 |
| (b)(i) Except as provided in division (A)(1)(b)(ii) of this | 50790 |
| section, the registrar shall adopt rules to permit any person who | 50791 |
| owns a motor vehicle to file an application for registration for | 50792 |
| the next two succeeding registration years. At the time of | 50793 |
| application, the person shall pay the annual taxes and fees for | 50794 |
| each registration year, calculated in accordance with division (C) | 50795 |
| of section 4503.11 of the Revised Code. A person who is | 50796 |
| registering a vehicle under division (A)(1)(b) of this section | 50797 |
| shall pay for each year of registration the additional fee | 50798 |
| established under division (C)(1) of section 4503.10 of the | 50799 |
| Revised Code. The person shall also pay one and one-half times the | 50800 |
| amount of the deputy registrar service fee specified in division | 50801 |
| (D) of section 4503.10 of the Revised Code or the bureau of motor | 50802 |
| vehicles service fee specified in division (G) of that section, as | 50803 |
| applicable. | 50804 |
| (ii) Division (A)(1)(b)(i) of this section does not apply to | 50805 |
| a person receiving an apportioned license plate under the | 50806 |
| international registration plan, or the owner of a commercial car | 50807 |
| used solely in intrastate commerce, or the owner of a bus as | 50808 |
| defined in section 4513.50 of the Revised Code. | 50809 |
| (2) No person applying for a multi-year registration under | 50810 |
| division (A)(1) of this section is entitled to a refund of any | 50811 |
| taxes or fees paid. | 50812 |
| (3) The registrar shall not issue to any applicant who has | 50813 |
| been issued a final, nonappealable order under division (B) of | 50814 |
| this section a multi-year registration or renewal thereof under | 50815 |
| this division or rules adopted under it for any motor vehicle that | 50816 |
| is required to be inspected under section 3704.14 of the Revised | 50817 |
| Code the district of registration of which, as determined under | 50818 |
| section 4503.10 of the Revised Code, is or is located in the | 50819 |
| county named in the order. | 50820 |
| (B) Upon receipt from the director of environmental | 50821 |
|
protection of a notice issued under | 50822 |
| under section 3704.14 of the Revised Code indicating that an owner | 50823 |
| of a motor vehicle that is required to be inspected under that | 50824 |
| section who obtained a multi-year registration for the vehicle | 50825 |
| under division (A) of this section or rules adopted under that | 50826 |
| division has not
obtained | 50827 |
| the vehicle | 50828 |
| 50829 | |
| 50830 | |
| 50831 | |
| 50832 | |
| with Chapter 119. of the Revised Code shall issue an order to the | 50833 |
| owner impounding the certificate of registration and | 50834 |
| identification license plates for the vehicle. The order also | 50835 |
| shall prohibit the owner from obtaining or renewing a multi-year | 50836 |
| registration for any vehicle that is required to be inspected | 50837 |
| under that section, the district of registration of which is or is | 50838 |
| located in the same county as the county named in the order during | 50839 |
| the number of years after expiration of the current multi-year | 50840 |
| registration that equals the number of years for which the current | 50841 |
| multi-year registration was issued. | 50842 |
| An order issued under this division shall require the owner | 50843 |
| to surrender to the registrar the certificate of registration and | 50844 |
| license plates for the vehicle named in the order within five days | 50845 |
| after its issuance. If the owner fails to do so within that time, | 50846 |
| the registrar shall certify that fact to the county sheriff or | 50847 |
| local police officials who shall recover the certificate of | 50848 |
| registration and license plates for the vehicle. | 50849 |
| (C) Upon the occurrence of either of the following | 50850 |
| circumstances, the registrar in accordance with Chapter 119. of | 50851 |
| the Revised Code shall issue to the owner a modified order | 50852 |
| rescinding the provisions of the order issued under division (B) | 50853 |
| of this section impounding the certificate of registration and | 50854 |
| license plates for the vehicle named in that original order: | 50855 |
| (1) Receipt from the director of environmental protection of | 50856 |
|
a subsequent notice under | 50857 |
| section 3704.14 of the Revised Code that the owner has obtained | 50858 |
| the inspection certificate for the vehicle as required under | 50859 |
| 50860 |
| (2) Presentation to the registrar by the owner of the | 50861 |
| required inspection certificate for the vehicle. | 50862 |
| (D) The owner of a motor vehicle for which the certificate of | 50863 |
| registration and license plates have been impounded pursuant to an | 50864 |
| order issued under division (B) of this section, upon issuance of | 50865 |
| a modified order under division (C) of this section, may apply to | 50866 |
| the registrar for their return. A fee of two dollars and fifty | 50867 |
| cents shall be charged for the return of the certificate of | 50868 |
| registration and license plates for each vehicle named in the | 50869 |
| application. | 50870 |
| Sec. 4503.471. (A) Any person who is a member in good | 50871 |
| standing of the international association of firefighters may | 50872 |
| apply to the registrar of motor vehicles for the registration of | 50873 |
|
any passenger car, noncommercial vehicle, | 50874 |
| vehicle, or other vehicle of a class approved by the registrar | 50875 |
| that the person owns or leases and the issuance of international | 50876 |
| association of firefighters license plates. The application shall | 50877 |
| be accompanied by the written evidence that the registrar may | 50878 |
| require by rule showing that the person is a member in good | 50879 |
| standing of the international association of firefighters. The | 50880 |
| application for international association of firefighters license | 50881 |
| plates may be combined with a request for a special reserved | 50882 |
| license plate under section 4503.40 or 4503.42 of the Revised | 50883 |
| Code. | 50884 |
| Upon receipt of an application for registration of a vehicle | 50885 |
| under this section and presentation of satisfactory evidence | 50886 |
| showing that the person is a member in good standing of the | 50887 |
| international association of firefighters, the registrar shall | 50888 |
| issue to the applicant the appropriate vehicle registrations, sets | 50889 |
| of license plates and validation stickers, or validation stickers | 50890 |
| alone when required by section 4503.191 of the Revised Code. | 50891 |
| In addition to the letters and numbers ordinarily inscribed | 50892 |
| on the license plates, international association of firefighters | 50893 |
| license plates shall be inscribed with a Maltese cross emblem | 50894 |
| designed by the international association of firefighters and | 50895 |
| approved by the registrar. International association of | 50896 |
| firefighters license plates shall bear county identification | 50897 |
| stickers that identify the county of registration by name or | 50898 |
| number. | 50899 |
| The license plates and validation stickers shall be issued | 50900 |
| upon payment of the regular license fee as prescribed under | 50901 |
| section 4503.04 of the Revised Code, payment of any local motor | 50902 |
| vehicle tax levied under Chapter 4504. of the Revised Code, and | 50903 |
| payment of an additional fee of ten dollars for the purpose of | 50904 |
| compensating the bureau of motor vehicles for additional services | 50905 |
| required in the issuing of license plates under this section. If | 50906 |
| the application for international association of firefighters | 50907 |
| license plates is combined with a request for a special reserved | 50908 |
| license plate under section 4503.40 or 4503.42 of the Revised | 50909 |
| Code, the license plate and validation sticker shall be issued | 50910 |
| upon payment of the fees and taxes contained in this division and | 50911 |
| the additional fee prescribed under section 4503.40 or 4503.42 of | 50912 |
| the Revised Code. The registrar shall deposit the additional fee | 50913 |
| of ten dollars in the state bureau of motor vehicles fund created | 50914 |
| by section 4501.25 of the Revised Code. | 50915 |
| Whenever a person no longer is eligible to be issued | 50916 |
| international association of firefighters license plates, the | 50917 |
| person shall surrender the international association of | 50918 |
| firefighters license plates to the bureau in exchange for license | 50919 |
| plates without the Maltese cross emblem described in this section. | 50920 |
| A fee of five dollars shall be charged for the services required | 50921 |
| in the issuing of replacement plates when a person no longer is | 50922 |
| eligible to be issued international association of firefighters | 50923 |
| license plates. | 50924 |
| A person may make application for international association | 50925 |
| of firefighters license plates at any time of year, and the | 50926 |
| registrar shall issue international association of firefighters | 50927 |
| license plates and replacement plates at any time of year. | 50928 |
| (B) No person who is not a member in good standing of the | 50929 |
| international association of firefighters shall willfully and | 50930 |
| falsely represent that the person is a member in good standing of | 50931 |
| the international association of firefighters for the purpose of | 50932 |
| obtaining international association of firefighters license plates | 50933 |
| under this section. No person shall own or lease a vehicle bearing | 50934 |
| international association of firefighters license plates unless | 50935 |
| the person is eligible to be issued international association of | 50936 |
| firefighters license plates. | 50937 |
| (C) Whoever violates division (B) of this section is guilty | 50938 |
| of a misdemeanor of the fourth degree. | 50939 |
| Sec. 4503.48. Any person who is a member of the Ohio | 50940 |
| national guard or the reserves of the armed forces of the United | 50941 |
| States may apply to the registrar of motor vehicles for the | 50942 |
| registration of any passenger car, noncommercial motor vehicle, | 50943 |
| 50944 | |
| approved by the registrar that the person owns or leases. The | 50945 |
| application shall be accompanied by such written evidence that the | 50946 |
| person is a member of the Ohio national guard or of the reserves | 50947 |
| as the registrar requires by rule. | 50948 |
| Upon receipt of an application for registration of a motor | 50949 |
| vehicle under this section, presentation of satisfactory evidence | 50950 |
| of membership in the Ohio national guard or the reserves, and | 50951 |
| payment of the regular license fees as prescribed under section | 50952 |
| 4503.04 of the Revised Code and any local motor vehicle license | 50953 |
| tax levied under Chapter 4504. of the Revised Code, the registrar | 50954 |
| shall issue to the applicant the appropriate motor vehicle | 50955 |
| registration and a set of license plates and a validation sticker, | 50956 |
| or a validation sticker alone when required by section 4503.191 of | 50957 |
| the Revised Code. In addition to the letters and numbers | 50958 |
| ordinarily inscribed thereon, the license plates shall be | 50959 |
| inscribed with identifying words or markings designed by the | 50960 |
| department of public safety. The license plates shall bear county | 50961 |
| identification stickers that identify the county of registration | 50962 |
| by name or number. | 50963 |
| Sec. 4503.50. (A) The owner or lessee of any passenger car, | 50964 |
|
noncommercial motor vehicle, | 50965 |
| other vehicle of a class approved by the registrar of motor | 50966 |
| vehicles may apply to the registrar for the registration of the | 50967 |
| vehicle and issuance of future farmers of America license plates. | 50968 |
| The application for future farmers of America license plates may | 50969 |
| be combined with a request for a special reserved license plate | 50970 |
| under section 4503.40 or 4503.42 of the Revised Code. Upon receipt | 50971 |
| of the completed application and compliance with division (B) of | 50972 |
| this section, the registrar shall issue to the applicant the | 50973 |
| appropriate vehicle registration and a set of future farmers of | 50974 |
| America license plates with a validation sticker or a validation | 50975 |
| sticker alone when required by section 4503.191 of the Revised | 50976 |
| Code. | 50977 |
| In addition to the letters and numbers ordinarily inscribed | 50978 |
| on the license plates, future farmers of America license plates | 50979 |
| shall be inscribed with identifying words or markings representing | 50980 |
| the future farmers of America and approved by the registrar. | 50981 |
| Future farmers of America license plates shall bear county | 50982 |
| identification stickers that identify the county of registration | 50983 |
| by name or number. | 50984 |
| (B) The future farmers of America license plates and | 50985 |
| validation sticker shall be issued upon receipt of a contribution | 50986 |
| as provided in division (C) of this section and upon payment of | 50987 |
| the regular license tax as prescribed under section 4503.04 of the | 50988 |
| Revised Code, a fee of ten dollars for the purpose of compensating | 50989 |
| the bureau of motor vehicles for additional services required in | 50990 |
| the issuing of the future farmers of America license plates, any | 50991 |
| applicable motor vehicle tax levied under Chapter 4504. of the | 50992 |
| Revised Code, and compliance with all other applicable laws | 50993 |
| relating to the registration of motor vehicles. If the application | 50994 |
| for future farmers of America license plates is combined with a | 50995 |
| request for a special reserved license plate under section 4503.40 | 50996 |
| or 4503.42 of the Revised Code, the license plate and validation | 50997 |
| sticker shall be issued upon payment of the contribution, fees, | 50998 |
| and taxes referred to or established in this division and the | 50999 |
| additional fee prescribed under section 4503.40 or 4503.42 of the | 51000 |
| Revised Code. | 51001 |
| (C) For each application for registration and registration | 51002 |
| renewal the registrar receives under this section, the registrar | 51003 |
| shall collect a contribution of fifteen dollars. The registrar | 51004 |
| shall transmit this contribution to the treasurer of state for | 51005 |
| deposit in the license plate contribution fund created in section | 51006 |
| 4501.21 of the Revised Code. | 51007 |
| The registrar shall deposit the additional fee of ten dollars | 51008 |
| specified in division (B) of this section that the applicant for | 51009 |
| registration pays for the purpose of compensating the bureau for | 51010 |
| the additional services required in the issuing of the applicant's | 51011 |
| future farmers of America license plates in the state bureau of | 51012 |
| motor vehicles fund created in section 4501.25 of the Revised | 51013 |
| Code. | 51014 |
| Sec. 4503.53. Any person who served in the armed forces of | 51015 |
| the United States in Saudi Arabia or Kuwait during Operation | 51016 |
| Desert Storm or Operation Desert Shield, in Panama during the | 51017 |
| invasion, in Grenada during the invasion, in Lebanon during the | 51018 |
| invasion, during the Vietnam conflict, during the Korean conflict, | 51019 |
| during World War II, or during World War I, and who is on active | 51020 |
| duty or is an honorably discharged veteran may apply to the | 51021 |
| registrar of motor vehicles for the registration of any passenger | 51022 |
|
car, noncommercial motor vehicle, | 51023 |
| or other vehicle of a class approved by the registrar the person | 51024 |
| owns or leases. The application shall be accompanied by such | 51025 |
| written evidence of the applicant's service as the registrar | 51026 |
| requires by rule. In the case of an honorably discharged veteran, | 51027 |
| the written evidence shall include a copy of the applicant's | 51028 |
| DD-214 form or an equivalent document. | 51029 |
| Upon receipt of an application for registration of a motor | 51030 |
| vehicle under this section, presentation of satisfactory evidence | 51031 |
| of military service in Saudi Arabia or Kuwait during Operation | 51032 |
| Desert Storm or Operation Desert Shield, in Panama during the | 51033 |
| invasion, in Grenada during the invasion, in Lebanon during the | 51034 |
| invasion, during the Vietnam conflict, during the Korean conflict, | 51035 |
| during World War II, or during World War I, and payment of the | 51036 |
| regular license tax as prescribed under section 4503.04 of the | 51037 |
| Revised Code and any applicable local tax levied under Chapter | 51038 |
| 4504. of the Revised Code, the registrar shall issue to the | 51039 |
| applicant the appropriate motor vehicle registration and a set of | 51040 |
| license plates and a validation sticker, or a validation sticker | 51041 |
| alone when required by section 4503.191 of the Revised Code. In | 51042 |
| accordance with rules adopted by the registrar, each license plate | 51043 |
| shall be inscribed with identifying letters or numerals and the | 51044 |
| word "VETERAN"; in addition, each license plate shall be inscribed | 51045 |
| with a design and words indicating service in Saudi Arabia, | 51046 |
| Kuwait, Panama, Grenada, or Lebanon, or during the Vietnam | 51047 |
| conflict, the Korean conflict, World War II, or World War I. | 51048 |
| Sec. 4503.571. Any person who has been awarded the purple | 51049 |
| heart may apply to the registrar of motor vehicles for the | 51050 |
| registration of any passenger car, noncommercial motor vehicle, | 51051 |
| 51052 | |
| approved by the registrar that the person owns or leases. The | 51053 |
| application shall be accompanied by such documentary evidence in | 51054 |
| support of the award as the registrar may require. The application | 51055 |
| may be combined with a request for a special reserved license | 51056 |
| plate under section 4503.40 or 4503.42 of the Revised Code. | 51057 |
| Upon receipt of an application for registration of a motor | 51058 |
| vehicle under this section and the required taxes and fees, and | 51059 |
| upon presentation of the required supporting evidence of the award | 51060 |
| of the purple heart, the registrar shall issue to the applicant | 51061 |
| the appropriate motor vehicle registration and a set of license | 51062 |
| plates and a validation sticker, or a validation sticker alone | 51063 |
| when required by section 4503.191 of the Revised Code. | 51064 |
| In addition to the letters and numbers ordinarily inscribed | 51065 |
| on the license plates, the license plates shall be inscribed with | 51066 |
| the words "PURPLE HEART." The license plates shall bear county | 51067 |
| identification stickers that identify the county of registration | 51068 |
| by name or number. | 51069 |
| The license plates and validation stickers shall be issued | 51070 |
| upon payment of the regular license fee required by section | 51071 |
| 4503.04 of the Revised Code, payment of any local motor vehicle | 51072 |
| license tax levied under Chapter 4504. of the Revised Code, and | 51073 |
| compliance with all other applicable laws relating to the | 51074 |
| registration of motor vehicles. If the application is combined | 51075 |
| with a request for a special reserved license plate under section | 51076 |
| 4503.40 or 4503.42 of the Revised Code, the license plates and | 51077 |
| validation sticker shall be issued upon payment of the fees and | 51078 |
| taxes referred to in this section and the additional fee | 51079 |
| prescribed under section 4503.40 or 4503.42 of the Revised Code. | 51080 |
| No person who is not a recipient of the purple heart shall | 51081 |
| willfully and falsely represent that the person is a recipient of | 51082 |
| a purple heart for the purpose of obtaining license plates under | 51083 |
| this section. No person shall own a motor vehicle bearing license | 51084 |
| plates under this section unless the person is eligible to be | 51085 |
| issued those license plates. | 51086 |
| Sec. 4503.59. The owner or lessee of any passenger car, | 51087 |
| noncommercial
motor vehicle, | 51088 |
| other vehicle of a class approved by the registrar of motor | 51089 |
| vehicles who is certified by the Pearl Harbor survivors | 51090 |
| association as having survived the attack on Pearl Harbor may | 51091 |
| apply to the registrar for the registration of the vehicle and | 51092 |
| issuance of Pearl Harbor license plates. The application for Pearl | 51093 |
| Harbor license plates may be combined with a request for a special | 51094 |
| reserved license plate under section 4503.40 or 4503.42 of the | 51095 |
| Revised Code. Upon receipt of the completed application, | 51096 |
| presentation by the applicant of documentation issued by the Pearl | 51097 |
| Harbor survivors association certifying that the applicant | 51098 |
| survived the attack on Pearl Harbor, and compliance by the | 51099 |
| applicant with this section, the registrar shall issue to the | 51100 |
| applicant the appropriate vehicle registration and a set of Pearl | 51101 |
| Harbor license plates with a validation sticker or a validation | 51102 |
| sticker alone when required by section 4503.191 of the Revised | 51103 |
| Code. | 51104 |
| In addition to the letters and numbers ordinarily inscribed | 51105 |
| thereon, Pearl Harbor license plates shall be inscribed with the | 51106 |
| words "Pearl Harbor" and a symbol or logo designed by the Pearl | 51107 |
| Harbor survivors association and approved by the registrar. Pearl | 51108 |
| Harbor license plates shall bear county identification stickers | 51109 |
| that identify the county of registration by name or number. | 51110 |
| Pearl Harbor license plates and validation stickers shall be | 51111 |
| issued upon payment of the regular license fee required by section | 51112 |
| 4503.04 of the Revised Code, payment of any local motor vehicle | 51113 |
| license tax levied under Chapter 4504. of the Revised Code, and | 51114 |
| compliance with all other applicable laws relating to the | 51115 |
| registration of motor vehicles. If the application for Pearl | 51116 |
| Harbor license plates is combined with a request for a special | 51117 |
| reserved license plate under section 4503.40 or 4503.42 of the | 51118 |
| Revised Code, the license plates and validation sticker shall be | 51119 |
| issued upon payment of the fees and taxes contained in this | 51120 |
| section and the additional fee prescribed under section 4503.40 or | 51121 |
| 4503.42 of the Revised Code. | 51122 |
| Sec. 4503.73. (A) The owner or lessee of any passenger car, | 51123 |
|
noncommercial motor vehicle, | 51124 |
| other vehicle of a class approved by the registrar of motor | 51125 |
| vehicles may apply to the registrar for the registration of the | 51126 |
| vehicle and issuance of "the leader in flight" license plates. The | 51127 |
| application for "the leader in flight" license plates may be | 51128 |
| combined with a request for a special reserved license plate under | 51129 |
| section 4503.40 or 4503.42 of the Revised Code. Upon receipt of | 51130 |
| the completed application and compliance with division (B) of this | 51131 |
| section, the registrar shall issue to the applicant the | 51132 |
| appropriate vehicle registration and a set of "the leader in | 51133 |
| flight" license plates with a validation sticker or a validation | 51134 |
| sticker alone when required by section 4503.191 of the Revised | 51135 |
| Code. | 51136 |
| In addition to the letters and numbers ordinarily inscribed | 51137 |
| thereon, "the leader in flight" license plates shall be inscribed | 51138 |
| with the words "the leader in flight" and illustrations of a space | 51139 |
| shuttle in a vertical position and the Wright "B" airplane. "The | 51140 |
| leader in flight" license plates shall bear county identification | 51141 |
| stickers that identify the county of registration by name or | 51142 |
| number. | 51143 |
| (B) "The leader in flight" license plates and validation | 51144 |
| sticker shall be issued upon receipt of a contribution as provided | 51145 |
| in division (C) of this section and payment of the regular license | 51146 |
| tax as prescribed under section 4503.04 of the Revised Code, a fee | 51147 |
| of ten dollars for the purpose of compensating the bureau of motor | 51148 |
| vehicles for additional services required in the issuing of "the | 51149 |
| leader in flight" license plates, any applicable motor vehicle tax | 51150 |
| levied under Chapter 4504. of the Revised Code, and compliance | 51151 |
| with all other applicable laws relating to the registration of | 51152 |
| motor vehicles. If the application for "the leader in flight" | 51153 |
| license plates is combined with a request for a special reserved | 51154 |
| license plate under section 4503.40 or 4503.42 of the Revised | 51155 |
| Code, the license plate and validation sticker shall be issued | 51156 |
| upon payment of the fees and taxes referred to or established in | 51157 |
| this division and the additional fee prescribed under section | 51158 |
| 4503.40 or 4503.42 of the Revised Code. | 51159 |
| (C) For each application for registration and registration | 51160 |
| renewal received under this section, the registrar shall collect a | 51161 |
| contribution of fifteen dollars. The registrar shall transmit this | 51162 |
| contribution to the treasurer of state for deposit in the license | 51163 |
| plate contribution fund created in section 4501.21 of the Revised | 51164 |
| Code. | 51165 |
| The registrar shall deposit the additional fee of ten dollars | 51166 |
| specified in division (B) of this section that the applicant for | 51167 |
| registration voluntarily pays for the purpose of compensating the | 51168 |
| bureau for the additional services required in the issuing of the | 51169 |
| applicant's "the leader in flight" license plates in the state | 51170 |
| bureau of motor vehicles fund created in section 4501.25 of the | 51171 |
| Revised Code. | 51172 |
| Sec. 4503.85. (A) The owner or lessee of any passenger car, | 51173 |
|
noncommercial motor vehicle, | 51174 |
| other vehicle of a class approved by the registrar of motor | 51175 |
| vehicles may apply to the registrar for the registration of the | 51176 |
| vehicle and issuance of "Fish Lake Erie" license plates. The | 51177 |
| application for "Fish Lake Erie" license plates may be combined | 51178 |
| with a request for a special reserved license plate under section | 51179 |
| 4503.40 or 4503.42 of the Revised Code. Upon receipt of the | 51180 |
| completed application and compliance with division (B) of this | 51181 |
| section, the registrar shall issue to the applicant the | 51182 |
| appropriate vehicle registration, a set of "Fish Lake Erie" | 51183 |
| license plates, and a validation sticker, or a validation sticker | 51184 |
| alone when required by section 4503.191 of the Revised Code. | 51185 |
| In addition to the letters and numbers ordinarily inscribed | 51186 |
| on the license plates, "Fish Lake Erie" license plates shall be | 51187 |
| inscribed with identifying words or markings designed by the Ohio | 51188 |
| sea grant college program and approved by the registrar. "Fish | 51189 |
| Lake Erie" license plates shall bear county identification | 51190 |
| stickers that identify the county of registration by name or | 51191 |
| number. | 51192 |
| (B) "Fish Lake Erie" license plates and a validation sticker | 51193 |
| or, when applicable, a validation sticker alone shall be issued | 51194 |
| upon receipt of an application for registration of a motor vehicle | 51195 |
| submitted under this section and a contribution as provided in | 51196 |
| division (C) of this section, payment of the regular license tax | 51197 |
| as prescribed under section 4503.04 of the Revised Code, any | 51198 |
| applicable motor vehicle tax levied under Chapter 4504. of the | 51199 |
| Revised Code, and an additional fee of ten dollars, and compliance | 51200 |
| with all other applicable laws relating to the registration of | 51201 |
| motor vehicles. If the application for "Fish Lake Erie" license | 51202 |
| plates is combined with a request for a special reserved license | 51203 |
| plate under section 4503.40 or 4503.42 of the Revised Code, the | 51204 |
| license plates and validation sticker or validation sticker alone | 51205 |
| shall be issued upon payment of the fees and taxes referred to or | 51206 |
| established in this division plus the additional fee prescribed in | 51207 |
| section 4503.40 or 4503.42 of the Revised Code. | 51208 |
| (C) For each application for registration and registration | 51209 |
| renewal that the registrar receives under this section, the | 51210 |
| registrar shall collect a contribution of fifteen dollars. The | 51211 |
| registrar shall deposit this contribution into the state treasury | 51212 |
| to the credit of the license plate contribution fund created in | 51213 |
| section 4501.21 of the Revised Code. | 51214 |
| The additional fee of ten dollars described in division (B) | 51215 |
| of this section shall be for the purpose of compensating the | 51216 |
| bureau of motor vehicles for additional services required in | 51217 |
| issuing license plates under this section. The registrar shall | 51218 |
| deposit that fee into the state treasury to the credit of the | 51219 |
| state bureau of motor vehicles fund created by section 4501.25 of | 51220 |
| the Revised Code. | 51221 |
| Sec. 4503.91. (A) The owner or lessee of any passenger car, | 51222 |
|
noncommercial motor vehicle, | 51223 |
| other vehicle of a class approved by the registrar of motor | 51224 |
| vehicles may apply to the registrar for the registration of the | 51225 |
| vehicle and issuance of "choose life" license plates. The | 51226 |
| application for "choose life" license plates may be combined with | 51227 |
| a request for a special reserved license plate under section | 51228 |
| 4503.40 or 4503.42 of the Revised Code. Upon receipt of the | 51229 |
| completed application and compliance with divisions (B) and (C) of | 51230 |
| this section, the registrar shall issue to the applicant the | 51231 |
| appropriate vehicle registration and a set of "choose life" | 51232 |
| license plates with a validation sticker or a validation sticker | 51233 |
| alone when required by section 4503.191 of the Revised Code. | 51234 |
| In addition to the letters and numbers ordinarily inscribed | 51235 |
| on license plates, "choose life" license plates shall be inscribed | 51236 |
| with the words "choose life" and a marking designed by "choose | 51237 |
| life, inc.," a private, nonprofit corporation incorporated in the | 51238 |
| state of Florida. The registrar shall review the design and | 51239 |
| approve it if the design is feasible. If the design is not | 51240 |
| feasible, the registrar shall notify "choose life, inc," and the | 51241 |
| organization may resubmit designs until a feasible one is | 51242 |
| approved. "Choose life" license plates shall bear county | 51243 |
| identification stickers that identify the county of registration | 51244 |
| by name or number. | 51245 |
| (B) "Choose life" license plates and a validation sticker, or | 51246 |
| a validation sticker alone, shall be issued upon receipt of a | 51247 |
| contribution as provided in division (C) of this section and upon | 51248 |
| payment of the regular license tax prescribed in section 4503.04 | 51249 |
| of the Revised Code, any applicable motor vehicle tax levied under | 51250 |
| Chapter 4504. of the Revised Code, any applicable additional fee | 51251 |
| prescribed by section 4503.40 or 4503.42 of the Revised Code, a | 51252 |
| fee of ten dollars for the purpose of compensating the bureau of | 51253 |
| motor vehicles for additional services required in the issuing of | 51254 |
| "choose life" license plates, and compliance with all other | 51255 |
| applicable laws relating to the registration of motor vehicles. | 51256 |
| (C)(1) For each application for registration and registration | 51257 |
| renewal received under this section, the registrar shall collect a | 51258 |
| contribution of twenty dollars. The registrar shall transmit this | 51259 |
| contribution to the treasurer of state for deposit in the "choose | 51260 |
| life" fund created in section 3701.65 of the Revised Code. | 51261 |
| (2) The registrar shall deposit the additional fee of ten | 51262 |
| dollars specified in division (B) of this section for the purpose | 51263 |
| of compensating the bureau for the additional services required in | 51264 |
| issuing "choose life" license plates in the state bureau of motor | 51265 |
| vehicles fund created in section 4501.25 of the Revised Code. | 51266 |
| Sec. 4505.06. (A)(1) Application for a certificate of title | 51267 |
| shall be made in a form prescribed by the registrar of motor | 51268 |
| vehicles and shall be sworn to before a notary public or other | 51269 |
| officer empowered to administer oaths. The application shall be | 51270 |
| filed with the clerk of any court of common pleas. An application | 51271 |
| for a certificate of title may be filed electronically by any | 51272 |
| electronic means approved by the registrar in any county with the | 51273 |
| clerk of the court of common pleas of that county. Any payments | 51274 |
| required by this chapter shall be considered as accompanying any | 51275 |
| electronically transmitted application when payment actually is | 51276 |
| received by the clerk. Payment of any fee or taxes may be made by | 51277 |
| electronic transfer of funds. | 51278 |
| (2) The application for a certificate of title shall be | 51279 |
| accompanied by the fee prescribed in section 4505.09 of the | 51280 |
| Revised Code. The fee shall be retained by the clerk who issues | 51281 |
| the certificate of title and shall be distributed in accordance | 51282 |
| with that section. If a clerk of a court of common pleas, other | 51283 |
| than the clerk of the court of common pleas of an applicant's | 51284 |
| county of residence, issues a certificate of title to the | 51285 |
| applicant, the clerk shall transmit data related to the | 51286 |
| transaction to the automated title processing system. | 51287 |
| (3) If a certificate of title previously has been issued for | 51288 |
| a motor vehicle in this state, the application for a certificate | 51289 |
| of title also shall be accompanied by that certificate of title | 51290 |
| duly assigned, unless otherwise provided in this chapter. If a | 51291 |
| certificate of title previously has not been issued for the motor | 51292 |
| vehicle in this state, the application, unless otherwise provided | 51293 |
| in this chapter, shall be accompanied by a manufacturer's or | 51294 |
| importer's certificate or by a certificate of title of another | 51295 |
| state from which the motor vehicle was brought into this state. If | 51296 |
| the application refers to a motor vehicle last previously | 51297 |
| registered in another state, the application also shall be | 51298 |
| accompanied by the physical inspection certificate required by | 51299 |
| section 4505.061 of the Revised Code. If the application is made | 51300 |
| by two persons regarding a motor vehicle in which they wish to | 51301 |
| establish joint ownership with right of survivorship, they may do | 51302 |
| so as provided in section 2131.12 of the Revised Code. If the | 51303 |
| applicant requests a designation of the motor vehicle in | 51304 |
| beneficiary form so that upon the death of the owner of the motor | 51305 |
| vehicle, ownership of the motor vehicle will pass to a designated | 51306 |
| transfer-on-death beneficiary or beneficiaries, the applicant may | 51307 |
| do so as provided in section 2131.13 of the Revised Code. A person | 51308 |
| who establishes ownership of a motor vehicle that is transferable | 51309 |
| on death in accordance with section 2131.13 of the Revised Code | 51310 |
| may terminate that type of ownership or change the designation of | 51311 |
| the transfer-on-death beneficiary or beneficiaries by applying for | 51312 |
| a certificate of title pursuant to this section. The clerk shall | 51313 |
| retain the evidence of title presented by the applicant and on | 51314 |
| which the certificate of title is issued, except that, if an | 51315 |
| application for a certificate of title is filed electronically by | 51316 |
| an electronic motor vehicle dealer on behalf of the purchaser of a | 51317 |
| motor vehicle, the clerk shall retain the completed electronic | 51318 |
| record to which the dealer converted the certificate of title | 51319 |
| application and other required documents. The registrar, after | 51320 |
| consultation with the attorney general, shall adopt rules that | 51321 |
| govern the location at which, and the manner in which, are stored | 51322 |
| the actual application and all other documents relating to the | 51323 |
| sale of a motor vehicle when an electronic motor vehicle dealer | 51324 |
| files the application for a certificate of title electronically on | 51325 |
| behalf of the purchaser. | 51326 |
| The clerk shall use reasonable diligence in ascertaining | 51327 |
| whether or not the facts in the application for a certificate of | 51328 |
| title are true by checking the application and documents | 51329 |
| accompanying it or the electronic record to which a dealer | 51330 |
| converted the application and accompanying documents with the | 51331 |
| records of motor vehicles in the clerk's office. If the clerk is | 51332 |
| satisfied that the applicant is the owner of the motor vehicle and | 51333 |
| that the application is in the proper form, the clerk, within five | 51334 |
| business days after the application is filed and except as | 51335 |
| provided in section 4505.021 of the Revised Code, shall issue a | 51336 |
| physical certificate of title over the clerk's signature and | 51337 |
| sealed with the clerk's seal, unless the applicant specifically | 51338 |
| requests the clerk not to issue a physical certificate of title | 51339 |
| and instead to issue an electronic certificate of title. For | 51340 |
| purposes of the transfer of a certificate of title, if the clerk | 51341 |
| is satisfied that the secured party has duly discharged a lien | 51342 |
| notation but has not canceled the lien notation with a clerk, the | 51343 |
| clerk may cancel the lien notation on the automated title | 51344 |
| processing system and notify the clerk of the county of origin. | 51345 |
| (4) In the case of the sale of a motor vehicle to a general | 51346 |
| buyer or user by a dealer, by a motor vehicle leasing dealer | 51347 |
| selling the motor vehicle to the lessee or, in a case in which the | 51348 |
| leasing dealer subleased the motor vehicle, the sublessee, at the | 51349 |
| end of the lease agreement or sublease agreement, or by a | 51350 |
| manufactured home broker, the certificate of title shall be | 51351 |
| obtained in the name of the buyer by the dealer, leasing dealer, | 51352 |
| or manufactured home broker, as the case may be, upon application | 51353 |
| signed by the buyer. The certificate of title shall be issued, or | 51354 |
| the process of entering the certificate of title application | 51355 |
| information into the automated title processing system if a | 51356 |
| physical certificate of title is not to be issued shall be | 51357 |
| completed, within five business days after the application for | 51358 |
| title is filed with the clerk. If the buyer of the motor vehicle | 51359 |
| previously leased the motor vehicle and is buying the motor | 51360 |
| vehicle at the end of the lease pursuant to that lease, the | 51361 |
| certificate of title shall be obtained in the name of the buyer by | 51362 |
| the motor vehicle leasing dealer who previously leased the motor | 51363 |
| vehicle to the buyer or by the motor vehicle leasing dealer who | 51364 |
| subleased the motor vehicle to the buyer under a sublease | 51365 |
| agreement. | 51366 |
| In all other cases, except as provided in section 4505.032 | 51367 |
| and division (D)(2) of section 4505.11 of the Revised Code, such | 51368 |
| certificates shall be obtained by the buyer. | 51369 |
| (5)(a)(i) If the certificate of title is being obtained in | 51370 |
| the name of the buyer by a motor vehicle dealer or motor vehicle | 51371 |
| leasing dealer and there is a security interest to be noted on the | 51372 |
| certificate of title, the dealer or leasing dealer shall submit | 51373 |
| the application for the certificate of title and payment of the | 51374 |
| applicable tax to a clerk within seven business days after the | 51375 |
| later of the delivery of the motor vehicle to the buyer or the | 51376 |
| date the dealer or leasing dealer obtains the manufacturer's or | 51377 |
| importer's certificate, or certificate of title issued in the name | 51378 |
| of the dealer or leasing dealer, for the motor vehicle. Submission | 51379 |
| of the application for the certificate of title and payment of the | 51380 |
| applicable tax within the required seven business days may be | 51381 |
| indicated by postmark or receipt by a clerk within that period. | 51382 |
| (ii) Upon receipt of the certificate of title with the | 51383 |
| security interest noted on its face, the dealer or leasing dealer | 51384 |
| shall forward the certificate of title to the secured party at the | 51385 |
| location noted in the financing documents or otherwise specified | 51386 |
| by the secured party. | 51387 |
| (iii) A motor vehicle dealer or motor vehicle leasing dealer | 51388 |
| is liable to a secured party for a late fee of ten dollars per day | 51389 |
| for each certificate of title application and payment of the | 51390 |
| applicable tax that is submitted to a clerk more than seven | 51391 |
| business days but less than twenty-one days after the later of the | 51392 |
| delivery of the motor vehicle to the buyer or the date the dealer | 51393 |
| or leasing dealer obtains the manufacturer's or importer's | 51394 |
| certificate, or certificate of title issued in the name of the | 51395 |
| dealer or leasing dealer, for the motor vehicle and, from then on, | 51396 |
| twenty-five dollars per day until the application and applicable | 51397 |
| tax are submitted to a clerk. | 51398 |
| (b) In all cases of transfer of a motor vehicle, the | 51399 |
| application for certificate of title shall be filed within thirty | 51400 |
| days after the assignment or delivery of the motor vehicle. If an | 51401 |
| application for a certificate of title is not filed within the | 51402 |
| period specified in division (A)(5)(b) of this section, the clerk | 51403 |
| shall collect a fee of five dollars for the issuance of the | 51404 |
| certificate, except that no such fee shall be required from a | 51405 |
| motor vehicle salvage dealer, as defined in division (A) of | 51406 |
| section 4738.01 of the Revised Code, who immediately surrenders | 51407 |
| the certificate of title for cancellation. The fee shall be in | 51408 |
| addition to all other fees established by this chapter, and shall | 51409 |
| be retained by the clerk. The registrar shall provide, on the | 51410 |
| certificate of title form prescribed by section 4505.07 of the | 51411 |
| Revised Code, language necessary to give evidence of the date on | 51412 |
| which the assignment or delivery of the motor vehicle was made. | 51413 |
| (6) As used in division (A) of this section, "lease | 51414 |
| agreement," "lessee," and "sublease agreement" have the same | 51415 |
| meanings as in section 4505.04 of the Revised Code. | 51416 |
| (B)(1) The clerk, except as provided in this section, shall | 51417 |
| refuse to accept for filing any application for a certificate of | 51418 |
| title and shall refuse to issue a certificate of title unless the | 51419 |
| dealer or manufactured home broker or the applicant, in cases in | 51420 |
| which the certificate shall be obtained by the buyer, submits with | 51421 |
| the application payment of the tax levied by or pursuant to | 51422 |
| Chapters 5739. and 5741. of the Revised Code based on the | 51423 |
| purchaser's county of residence. Upon payment of the tax in | 51424 |
| accordance with division (E) of this section, the clerk shall | 51425 |
| issue a receipt prescribed by the registrar and agreed upon by the | 51426 |
| tax commissioner showing payment of the tax or a receipt issued by | 51427 |
| the commissioner showing the payment of the tax. When submitting | 51428 |
| payment of the tax to the clerk, a dealer shall retain any | 51429 |
| discount to which the dealer is entitled under section 5739.12 of | 51430 |
| the Revised Code. | 51431 |
| (2) For receiving and disbursing such taxes paid to the clerk | 51432 |
| by a resident of the clerk's county, the clerk may retain a | 51433 |
| poundage fee of one and one one-hundredth per cent, and the clerk | 51434 |
| shall pay the poundage fee into the certificate of title | 51435 |
| administration fund created by section 325.33 of the Revised Code. | 51436 |
| The clerk shall not retain a poundage fee from payments of taxes | 51437 |
| by persons who do not reside in the clerk's county. | 51438 |
| A clerk, however, may retain from the taxes paid to the clerk | 51439 |
| an amount equal to the poundage fees associated with certificates | 51440 |
| of title issued by other clerks of courts of common pleas to | 51441 |
| applicants who reside in the first clerk's county. The registrar, | 51442 |
| in consultation with the tax commissioner and the clerks of the | 51443 |
| courts of common pleas, shall develop a report from the automated | 51444 |
| title processing system that informs each clerk of the amount of | 51445 |
| the poundage fees that the clerk is permitted to retain from those | 51446 |
| taxes because of certificates of title issued by the clerks of | 51447 |
| other counties to applicants who reside in the first clerk's | 51448 |
| county. | 51449 |
| (3) In the case of casual sales of motor vehicles, as defined | 51450 |
| in section 4517.01 of the Revised Code, the price for the purpose | 51451 |
| of determining the tax shall be the purchase price on the assigned | 51452 |
| certificate of title executed by the seller and filed with the | 51453 |
| clerk by the buyer on a form to be prescribed by the registrar, | 51454 |
| which shall be prima-facie evidence of the amount for the | 51455 |
| determination of the tax. | 51456 |
| (4) Each county clerk shall forward to the treasurer of state | 51457 |
| all sales and use tax collections resulting from sales of motor | 51458 |
| vehicles, off-highway motorcycles, and all-purpose vehicles during | 51459 |
| a calendar week on or before the Friday following the close of | 51460 |
| that week. If, on any Friday, the offices of the clerk of courts | 51461 |
| or the state are not open for business, the tax shall be forwarded | 51462 |
| to the treasurer of state on or before the next day on which the | 51463 |
| offices are open. Every remittance of tax under division (B)(4) of | 51464 |
| this section shall be accompanied by a remittance report in such | 51465 |
| form as the tax commissioner prescribes. Upon receipt of a tax | 51466 |
| remittance and remittance report, the treasurer of state shall | 51467 |
| date stamp the report and forward it to the tax commissioner. If | 51468 |
| the tax due for any week is not remitted by a clerk of courts as | 51469 |
| required under division (B)(4) of this section, the commissioner | 51470 |
| may require the clerk to forfeit the poundage fees for the sales | 51471 |
| made during that week. The treasurer of state may require the | 51472 |
| clerks of courts to transmit tax collections and remittance | 51473 |
| reports electronically. | 51474 |
| (C)(1) If the transferor indicates on the certificate of | 51475 |
| title that the odometer reflects mileage in excess of the designed | 51476 |
| mechanical limit of the odometer, the clerk shall enter the phrase | 51477 |
| "exceeds mechanical limits" following the mileage designation. If | 51478 |
| the transferor indicates on the certificate of title that the | 51479 |
| odometer reading is not the actual mileage, the clerk shall enter | 51480 |
| the phrase "nonactual: warning - odometer discrepancy" following | 51481 |
| the mileage designation. The clerk shall use reasonable care in | 51482 |
| transferring the information supplied by the transferor, but is | 51483 |
| not liable for any errors or omissions of the clerk or those of | 51484 |
| the clerk's deputies in the performance of the clerk's duties | 51485 |
| created by this chapter. | 51486 |
| The registrar shall prescribe an affidavit in which the | 51487 |
| transferor shall swear to the true selling price and, except as | 51488 |
| provided in this division, the true odometer reading of the motor | 51489 |
| vehicle. The registrar may prescribe an affidavit in which the | 51490 |
| seller and buyer provide information pertaining to the odometer | 51491 |
| reading of the motor vehicle in addition to that required by this | 51492 |
| section, as such information may be required by the United States | 51493 |
| secretary of transportation by rule prescribed under authority of | 51494 |
| subchapter IV of the "Motor Vehicle Information and Cost Savings | 51495 |
| Act," 86 Stat. 961 (1972), 15 U.S.C. 1981. | 51496 |
| (2) Division (C)(1) of this section does not require the | 51497 |
| giving of information concerning the odometer and odometer reading | 51498 |
| of a motor vehicle when ownership of a motor vehicle is being | 51499 |
| transferred as a result of a bequest, under the laws of intestate | 51500 |
| succession, to a survivor pursuant to section 2106.18, 2131.12, or | 51501 |
| 4505.10 of the Revised Code, to a transfer-on-death beneficiary or | 51502 |
| beneficiaries pursuant to section 2131.13 of the Revised Code, in | 51503 |
| connection with the creation of a security interest or for a | 51504 |
| vehicle with a gross vehicle weight rating of more than sixteen | 51505 |
| thousand pounds. | 51506 |
| (D) When the transfer to the applicant was made in some other | 51507 |
| state or in interstate commerce, the clerk, except as provided in | 51508 |
| this section, shall refuse to issue any certificate of title | 51509 |
| unless the tax imposed by or pursuant to Chapter 5741. of the | 51510 |
| Revised Code based on the purchaser's county of residence has been | 51511 |
| paid as evidenced by a receipt issued by the tax commissioner, or | 51512 |
| unless the applicant submits with the application payment of the | 51513 |
| tax. Upon payment of the tax in accordance with division (E) of | 51514 |
| this section, the clerk shall issue a receipt prescribed by the | 51515 |
| registrar and agreed upon by the tax commissioner, showing payment | 51516 |
| of the tax. | 51517 |
| For receiving and disbursing such taxes paid to the clerk by | 51518 |
| a resident of the clerk's county, the clerk may retain a poundage | 51519 |
| fee of one and one one-hundredth per cent. The clerk shall not | 51520 |
| retain a poundage fee from payments of taxes by persons who do not | 51521 |
| reside in the clerk's county. | 51522 |
| A clerk, however, may retain from the taxes paid to the clerk | 51523 |
| an amount equal to the poundage fees associated with certificates | 51524 |
| of title issued by other clerks of courts of common pleas to | 51525 |
| applicants who reside in the first clerk's county. The registrar, | 51526 |
| in consultation with the tax commissioner and the clerks of the | 51527 |
| courts of common pleas, shall develop a report from the automated | 51528 |
| title processing system that informs each clerk of the amount of | 51529 |
| the poundage fees that the clerk is permitted to retain from those | 51530 |
| taxes because of certificates of title issued by the clerks of | 51531 |
| other counties to applicants who reside in the first clerk's | 51532 |
| county. | 51533 |
| When the vendor is not regularly engaged in the business of | 51534 |
| selling motor vehicles, the vendor shall not be required to | 51535 |
| purchase a vendor's license or make reports concerning those | 51536 |
| sales. | 51537 |
| (E) The clerk shall accept any payment of a tax in cash, or | 51538 |
| by cashier's check, certified check, draft, money order, or teller | 51539 |
| check issued by any insured financial institution payable to the | 51540 |
| clerk and submitted with an application for a certificate of title | 51541 |
| under division (B) or (D) of this section. The clerk also may | 51542 |
| accept payment of the tax by corporate, business, or personal | 51543 |
| check, credit card, electronic transfer or wire transfer, debit | 51544 |
| card, or any other accepted form of payment made payable to the | 51545 |
| clerk. The clerk may require bonds, guarantees, or letters of | 51546 |
| credit to ensure the collection of corporate, business, or | 51547 |
| personal checks. Any service fee charged by a third party to a | 51548 |
| clerk for the use of any form of payment may be paid by the clerk | 51549 |
| from the certificate of title administration fund created in | 51550 |
| section 325.33 of the Revised Code, or may be assessed by the | 51551 |
| clerk upon the applicant as an additional fee. Upon collection, | 51552 |
| the additional fees shall be paid by the clerk into that | 51553 |
| certificate of title administration fund. | 51554 |
| The clerk shall make a good faith effort to collect any | 51555 |
| payment of taxes due but not made because the payment was returned | 51556 |
| or dishonored, but the clerk is not personally liable for the | 51557 |
| payment of uncollected taxes or uncollected fees. The clerk shall | 51558 |
| notify the tax commissioner of any such payment of taxes that is | 51559 |
| due but not made and shall furnish the information to the | 51560 |
| commissioner that the commissioner requires. The clerk shall | 51561 |
| deduct the amount of taxes due but not paid from the clerk's | 51562 |
| periodic remittance of tax payments, in accordance with procedures | 51563 |
| agreed upon by the tax commissioner. The commissioner may collect | 51564 |
| taxes due by assessment in the manner provided in section 5739.13 | 51565 |
| of the Revised Code. | 51566 |
| Any person who presents payment that is returned or | 51567 |
| dishonored for any reason is liable to the clerk for payment of a | 51568 |
| penalty over and above the amount of the taxes due. The clerk | 51569 |
| shall determine the amount of the penalty, and the penalty shall | 51570 |
| be no greater than that amount necessary to compensate the clerk | 51571 |
| for banking charges, legal fees, or other expenses incurred by the | 51572 |
| clerk in collecting the returned or dishonored payment. The | 51573 |
| remedies and procedures provided in this section are in addition | 51574 |
| to any other available civil or criminal remedies. Subsequently | 51575 |
| collected penalties, poundage fees, and title fees, less any title | 51576 |
| fee due the state, from returned or dishonored payments collected | 51577 |
| by the clerk shall be paid into the certificate of title | 51578 |
| administration fund. Subsequently collected taxes, less poundage | 51579 |
| fees, shall be sent by the clerk to the treasurer of state at the | 51580 |
| next scheduled periodic remittance of tax payments, with | 51581 |
| information as the commissioner may require. The clerk may abate | 51582 |
| all or any part of any penalty assessed under this division. | 51583 |
| (F) In the following cases, the clerk shall accept for filing | 51584 |
| an application and shall issue a certificate of title without | 51585 |
| requiring payment or evidence of payment of the tax: | 51586 |
| (1) When the purchaser is this state or any of its political | 51587 |
| subdivisions, a church, or an organization whose purchases are | 51588 |
| exempted by section 5739.02 of the Revised Code; | 51589 |
| (2) When the transaction in this state is not a retail sale | 51590 |
| as defined by section 5739.01 of the Revised Code; | 51591 |
| (3) When the purchase is outside this state or in interstate | 51592 |
| commerce and the purpose of the purchaser is not to use, store, or | 51593 |
| consume within the meaning of section 5741.01 of the Revised Code; | 51594 |
| (4) When the purchaser is the federal government; | 51595 |
| (5) When the motor vehicle was purchased outside this state | 51596 |
| for use outside this state; | 51597 |
| (6) When the motor vehicle is purchased by a nonresident of | 51598 |
| this state for immediate removal from this state, and will be | 51599 |
| permanently titled and registered in another state, as provided by | 51600 |
| division (B)(23) of section 5739.02 of the Revised Code, and upon | 51601 |
| presentation of a copy of the affidavit provided by that section, | 51602 |
| and a copy of the exemption certificate provided by section | 51603 |
| 5739.03 of the Revised Code. | 51604 |
| | 51605 |
| 51606 | |
| 51607 | |
| 51608 |
| (G) An application, as prescribed by the registrar and agreed | 51609 |
| to by the tax commissioner, shall be filled out and sworn to by | 51610 |
| the buyer of a motor vehicle in a casual sale. The application | 51611 |
| shall contain the following notice in bold lettering: "WARNING TO | 51612 |
| TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by | 51613 |
| law to state the true selling price. A false statement is in | 51614 |
| violation of section 2921.13 of the Revised Code and is punishable | 51615 |
| by six months' imprisonment or a fine of up to one thousand | 51616 |
| dollars, or both. All transfers are audited by the department of | 51617 |
| taxation. The seller and buyer must provide any information | 51618 |
| requested by the department of taxation. The buyer may be assessed | 51619 |
| any additional tax found to be due." | 51620 |
| (H) For sales of manufactured homes or mobile homes occurring | 51621 |
| on or after January 1, 2000, the clerk shall accept for filing, | 51622 |
| pursuant to Chapter 5739. of the Revised Code, an application for | 51623 |
| a certificate of title for a manufactured home or mobile home | 51624 |
| without requiring payment of any tax pursuant to section 5739.02, | 51625 |
| 5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt | 51626 |
| issued by the tax commissioner showing payment of the tax. For | 51627 |
| sales of manufactured homes or mobile homes occurring on or after | 51628 |
| January 1, 2000, the applicant shall pay to the clerk an | 51629 |
| additional fee of five dollars for each certificate of title | 51630 |
| issued by the clerk for a manufactured or mobile home pursuant to | 51631 |
| division (H) of section 4505.11 of the Revised Code and for each | 51632 |
| certificate of title issued upon transfer of ownership of the | 51633 |
| home. The clerk shall credit the fee to the county certificate of | 51634 |
| title administration fund, and the fee shall be used to pay the | 51635 |
| expenses of archiving those certificates pursuant to division (A) | 51636 |
| of section 4505.08 and division (H)(3) of section 4505.11 of the | 51637 |
| Revised Code. The tax commissioner shall administer any tax on a | 51638 |
| manufactured or mobile home pursuant to Chapters 5739. and 5741. | 51639 |
| of the Revised Code. | 51640 |
| (I) Every clerk shall have the capability to transact by | 51641 |
| electronic means all procedures and transactions relating to the | 51642 |
| issuance of motor vehicle certificates of title that are described | 51643 |
| in the Revised Code as being accomplished by electronic means. | 51644 |
| Sec. 4506.03. (A) Except as provided in divisions (B) and | 51645 |
| (C) of this section, the following shall apply: | 51646 |
| (1) No person shall drive a commercial motor vehicle on a | 51647 |
| highway in this state unless the person holds, and has in the | 51648 |
| person's possession, a valid commercial driver's license with | 51649 |
| proper endorsements for the motor vehicle being driven, issued by | 51650 |
| the registrar of motor vehicles, a valid examiner's commercial | 51651 |
| driving permit issued under section 4506.13 of the Revised Code, a | 51652 |
| valid restricted commercial driver's license and waiver for | 51653 |
| farm-related service industries issued under section 4506.24 of | 51654 |
| the Revised Code, or a valid commercial driver's license temporary | 51655 |
| instruction permit issued by the registrar and is accompanied by | 51656 |
| an authorized state driver's license examiner or tester or a | 51657 |
| person who has been issued and has in the person's immediate | 51658 |
| possession a current, valid commercial driver's license with | 51659 |
| proper endorsements for the motor vehicle being driven. | 51660 |
| (2) No person shall be issued a commercial driver's license | 51661 |
| until the person surrenders to the registrar of motor vehicles all | 51662 |
| valid licenses issued to the person by another jurisdiction | 51663 |
| recognized by this state. The registrar shall report the surrender | 51664 |
| of a license to the issuing authority, together with information | 51665 |
| that a license is now issued in this state. The registrar shall | 51666 |
| destroy any such license that is not returned to the issuing | 51667 |
| authority. | 51668 |
| (3) No person who has been a resident of this state for | 51669 |
| thirty days or longer shall drive a commercial motor vehicle under | 51670 |
| the authority of a commercial driver's license issued by another | 51671 |
| jurisdiction. | 51672 |
| (B) Nothing in division (A) of this section applies to any | 51673 |
| qualified person when engaged in the operation of any of the | 51674 |
| following: | 51675 |
| (1) A farm truck; | 51676 |
| (2) Fire equipment for a fire department, volunteer or | 51677 |
| nonvolunteer fire company, fire district, or joint fire district; | 51678 |
| (3) A public safety vehicle used to provide transportation or | 51679 |
| emergency medical service for ill or injured persons; | 51680 |
| (4) A recreational vehicle; | 51681 |
| (5) A commercial motor vehicle within the boundaries of an | 51682 |
| eligible unit of local government, if the person is employed by | 51683 |
| the eligible unit of local government and is operating the | 51684 |
| commercial motor vehicle for the purpose of removing snow or ice | 51685 |
| from a roadway by plowing, sanding, or salting, but only if either | 51686 |
| the employee who holds a commercial driver's license issued under | 51687 |
| this chapter and ordinarily operates a commercial motor vehicle | 51688 |
| for these purposes is unable to operate the vehicle, or the | 51689 |
| employing eligible unit of local government determines that a snow | 51690 |
| or ice emergency exists that requires additional assistance; | 51691 |
| (6) A vehicle operated for military purposes by any member or | 51692 |
| uniformed employee of the armed forces of the United States or | 51693 |
| their reserve components, including the Ohio national guard. This | 51694 |
| exception does not apply to United States reserve technicians. | 51695 |
| (7) A commercial motor vehicle that is operated for | 51696 |
| nonbusiness purposes. "Operated for nonbusiness purposes" means | 51697 |
| that the commercial motor vehicle is not used in commerce as | 51698 |
| "commerce" is defined in 49 C.F.R. 383.5, as amended, and is not | 51699 |
| regulated by the public utilities commission pursuant to Chapter | 51700 |
| 4919., 4921., or 4923. of the Revised Code. | 51701 |
| (8) A motor vehicle that is designed primarily for the | 51702 |
| transportation of goods and not persons, while that motor vehicle | 51703 |
| is being used for the occasional transportation of personal | 51704 |
| property by individuals not for compensation and not in the | 51705 |
| furtherance of a commercial enterprise; | 51706 |
| (9) A police SWAT team vehicle. | 51707 |
| (C) Nothing contained in division (B)(5) of this section | 51708 |
| shall be construed as preempting or superseding any law, rule, or | 51709 |
| regulation of this state concerning the safe operation of | 51710 |
| commercial motor vehicles. | 51711 |
| (D) Whoever violates this section is guilty of a misdemeanor | 51712 |
| of the first degree. | 51713 |
| Sec. 4506.07. (A) Every application for a commercial | 51714 |
| driver's license, restricted commercial driver's license, or a | 51715 |
| commercial driver's temporary instruction permit, or a duplicate | 51716 |
| of such a license, shall be made upon a form approved and | 51717 |
| furnished by the registrar of motor vehicles. Except as provided | 51718 |
| in section 4506.24 of the Revised Code in regard to a restricted | 51719 |
| commercial driver's license, the application shall be signed by | 51720 |
| the applicant and shall contain the following information: | 51721 |
| (1) The applicant's name, date of birth, social security | 51722 |
| account number, sex, general description including height, weight, | 51723 |
| and color of hair and eyes, current residence, duration of | 51724 |
| residence in this state, country of citizenship, and occupation; | 51725 |
| (2) Whether the applicant previously has been licensed to | 51726 |
| operate a commercial motor vehicle or any other type of motor | 51727 |
| vehicle in another state or a foreign jurisdiction and, if so, | 51728 |
| when, by what state, and whether the license or driving privileges | 51729 |
| currently are suspended or revoked in any jurisdiction, or the | 51730 |
| applicant otherwise has been disqualified from operating a | 51731 |
| commercial motor vehicle, or is subject to an out-of-service order | 51732 |
| issued under this chapter or any similar law of another state or a | 51733 |
| foreign jurisdiction and, if so, the date of, locations involved, | 51734 |
| and reason for the suspension, revocation, disqualification, or | 51735 |
| out-of-service order; | 51736 |
| (3) Whether the applicant is afflicted with or suffering from | 51737 |
| any physical or mental disability or disease that prevents the | 51738 |
| applicant from exercising reasonable and ordinary control over a | 51739 |
| motor vehicle while operating it upon a highway or is or has been | 51740 |
| subject to any condition resulting in episodic impairment of | 51741 |
| consciousness or loss of muscular control and, if so, the nature | 51742 |
| and extent of the disability, disease, or condition, and the names | 51743 |
| and addresses of the physicians attending the applicant; | 51744 |
| (4) Whether the applicant has obtained a medical examiner's | 51745 |
| certificate as required by this chapter; | 51746 |
| (5) Whether the applicant has pending a citation for | 51747 |
| violation of any motor vehicle law or ordinance except a parking | 51748 |
| violation and, if so, a description of the citation, the court | 51749 |
| having jurisdiction of the offense, and the date when the offense | 51750 |
| occurred; | 51751 |
| (6) Whether the applicant wishes to certify willingness to | 51752 |
| make an anatomical donation under section 2108.04 of the Revised | 51753 |
| Code, which shall be given no consideration in the issuance of a | 51754 |
| license; | 51755 |
| (7) On and after May 1, 1993, whether the applicant has | 51756 |
| executed a valid durable power of attorney for health care | 51757 |
| pursuant to sections 1337.11 to 1337.17 of the Revised Code or has | 51758 |
| executed a declaration governing the use or continuation, or the | 51759 |
| withholding or withdrawal, of life-sustaining treatment pursuant | 51760 |
| to sections 2133.01 to 2133.15 of the Revised Code and, if the | 51761 |
| applicant has executed either type of instrument, whether the | 51762 |
| applicant wishes the license issued to indicate that the applicant | 51763 |
| has executed the instrument. | 51764 |
| (B) Every applicant shall certify, on a form approved and | 51765 |
| furnished by the registrar, all of the following: | 51766 |
| (1) That the motor vehicle in which the applicant intends to | 51767 |
| take the driving skills test is representative of the type of | 51768 |
| motor vehicle that the applicant expects to operate as a driver; | 51769 |
| (2) That the applicant is not subject to any disqualification | 51770 |
| or out-of-service order, or license suspension, revocation, or | 51771 |
| cancellation, under the laws of this state, of another state, or | 51772 |
| of a foreign jurisdiction and does not have more than one driver's | 51773 |
| license issued by this or another state or a foreign jurisdiction; | 51774 |
| (3) Any additional information, certification, or evidence | 51775 |
| that the registrar requires by rule in order to ensure that the | 51776 |
| issuance of a commercial driver's license to the applicant is in | 51777 |
| compliance with the law of this state and with federal law. | 51778 |
| (C) Every applicant shall execute a form, approved and | 51779 |
| furnished by the registrar, under which the applicant consents to | 51780 |
| the release by the registrar of information from the applicant's | 51781 |
| driving record. | 51782 |
| (D) The registrar or a deputy registrar, in accordance with | 51783 |
| section 3503.11 of the Revised Code, shall register as an elector | 51784 |
| any applicant for a commercial driver's license or for a renewal | 51785 |
| or duplicate of such a license under this chapter, if the | 51786 |
| applicant is eligible and wishes to be registered as an elector. | 51787 |
| The decision of an applicant whether to register as an elector | 51788 |
| shall be given no consideration in the decision of whether to | 51789 |
| issue the applicant a license or a renewal or duplicate. | 51790 |
| (E) The registrar or a deputy registrar, in accordance with | 51791 |
| section 3503.11 of the Revised Code, shall offer the opportunity | 51792 |
| of completing a notice of change of residence or change of name to | 51793 |
| any applicant for a commercial driver's license or for a renewal | 51794 |
| or duplicate of such a license who is a resident of this state, if | 51795 |
| the applicant is a registered elector who has changed the | 51796 |
| applicant's residence or name and has not filed such a notice. | 51797 |
| (F) In considering any application submitted pursuant to this | 51798 |
| section, the bureau of motor vehicles may conduct any inquiries | 51799 |
| necessary to ensure that issuance or renewal of a commercial | 51800 |
| driver's license would not violate any provision of the Revised | 51801 |
| Code or federal law. | 51802 |
| Sec. 4506.101. Notwithstanding any provision of the Revised | 51803 |
| Code, the bureau of motor vehicles shall not issue or renew a | 51804 |
| commercial driver's license if issuance or renewal of the license | 51805 |
| would violate federal law. | 51806 |
| Sec. 4506.161. No court shall issue an order granting limited | 51807 |
| driving privileges for operation of a commercial motor vehicle to | 51808 |
| any person whose driver's license or commercial driver's license | 51809 |
| has been suspended or who has been disqualified from operating a | 51810 |
| commercial motor vehicle. | 51811 |
| Sec. 4511.191. (A)(1) "Physical control" has the same | 51812 |
| meaning as in section 4511.194 of the Revised Code. | 51813 |
| (2) Any person who operates a vehicle, streetcar, or | 51814 |
| trackless trolley upon a highway or any public or private property | 51815 |
| used by the public for vehicular travel or parking within this | 51816 |
| state or who is in physical control of a vehicle, streetcar, or | 51817 |
| trackless trolley shall be deemed to have given consent to a | 51818 |
| chemical test or tests of the person's whole blood, blood serum or | 51819 |
| plasma, breath, or urine to determine the alcohol, drug, or | 51820 |
| alcohol and drug content of the person's whole blood, blood serum | 51821 |
| or plasma, breath, or urine if arrested for a violation of | 51822 |
| division (A) or (B) of section 4511.19 of the Revised Code, | 51823 |
| section 4511.194 of the Revised Code or a substantially equivalent | 51824 |
| municipal ordinance, or a municipal OVI ordinance. | 51825 |
| (3) The chemical test or tests under division (A)(2) of this | 51826 |
| section shall be administered at the request of a law enforcement | 51827 |
| officer having reasonable grounds to believe the person was | 51828 |
| operating or in physical control of a vehicle, streetcar, or | 51829 |
| trackless trolley in violation of a division, section, or | 51830 |
| ordinance identified in division (A)(2) of this section. The law | 51831 |
| enforcement agency by which the officer is employed shall | 51832 |
| designate which of the tests shall be administered. | 51833 |
| (4) Any person who is dead or unconscious, or who otherwise | 51834 |
| is in a condition rendering the person incapable of refusal, shall | 51835 |
| be deemed to have consented as provided in division (A)(2) of this | 51836 |
| section, and the test or tests may be administered, subject to | 51837 |
| sections 313.12 to 313.16 of the Revised Code. | 51838 |
| (B)(1) Upon receipt of the sworn report of a law enforcement | 51839 |
| officer who arrested a person for a violation of division (A) or | 51840 |
| (B) of section 4511.19 of the Revised Code, section 4511.194 of | 51841 |
| the Revised Code or a substantially equivalent municipal | 51842 |
| ordinance, or a municipal OVI ordinance that was completed and | 51843 |
| sent to the registrar and a court pursuant to section 4511.192 of | 51844 |
| the Revised Code in regard to a person who refused to take the | 51845 |
| designated chemical test, the registrar shall enter into the | 51846 |
| registrar's records the fact that the person's driver's or | 51847 |
| commercial driver's license or permit or nonresident operating | 51848 |
| privilege was suspended by the arresting officer under this | 51849 |
| division and that section and the period of the suspension, as | 51850 |
| determined under this section. The suspension shall be subject to | 51851 |
| appeal as provided in section 4511.197 of the Revised Code. The | 51852 |
| suspension shall be for whichever of the following periods | 51853 |
| applies: | 51854 |
| (a) Except when division (B)(1)(b), (c), or (d) of this | 51855 |
| section applies and specifies a different class or length of | 51856 |
| suspension, the suspension shall be a class C suspension for the | 51857 |
| period of time specified in division (B)(3) of section 4510.02 of | 51858 |
| the Revised Code. | 51859 |
| (b) If the arrested person, within six years of the date on | 51860 |
| which the person refused the request to consent to the chemical | 51861 |
| test, had refused one previous request to consent to a chemical | 51862 |
| test, the suspension shall be a class B suspension imposed for the | 51863 |
| period of time specified in division (B)(2) of section 4510.02 of | 51864 |
| the Revised Code. | 51865 |
| (c) If the arrested person, within six years of the date on | 51866 |
| which the person refused the request to consent to the chemical | 51867 |
| test, had refused two previous requests to consent to a chemical | 51868 |
| test, the suspension shall be a class A suspension imposed for the | 51869 |
| period of time specified in division (B)(1) of section 4510.02 of | 51870 |
| the Revised Code. | 51871 |
| (d) If the arrested person, within six years of the date on | 51872 |
| which the person refused the request to consent to the chemical | 51873 |
| test, had refused three or more previous requests to consent to a | 51874 |
| chemical test, the suspension shall be for five years. | 51875 |
| (2) The registrar shall terminate a suspension of the | 51876 |
| driver's or commercial driver's license or permit of a resident or | 51877 |
| of the operating privilege of a nonresident, or a denial of a | 51878 |
| driver's or commercial driver's license or permit, imposed | 51879 |
| pursuant to division (B)(1) of this section upon receipt of notice | 51880 |
| that the person has entered a plea of guilty to, or that the | 51881 |
| person has been convicted after entering a plea of no contest to, | 51882 |
| operating a vehicle in violation of section 4511.19 of the Revised | 51883 |
| Code or in violation of a municipal OVI ordinance, if the offense | 51884 |
| for which the conviction is had or the plea is entered arose from | 51885 |
| the same incident that led to the suspension or denial. | 51886 |
| The registrar shall credit against any judicial suspension of | 51887 |
| a person's driver's or commercial driver's license or permit or | 51888 |
| nonresident operating privilege imposed pursuant to section | 51889 |
| 4511.19 of the Revised Code, or pursuant to section 4510.07 of the | 51890 |
| Revised Code for a violation of a municipal OVI ordinance, any | 51891 |
| time during which the person serves a related suspension imposed | 51892 |
| pursuant to division (B)(1) of this section. | 51893 |
| (C)(1) Upon receipt of the sworn report of the law | 51894 |
| enforcement officer who arrested a person for a violation of | 51895 |
| division (A) or (B) of section 4511.19 of the Revised Code or a | 51896 |
| municipal OVI ordinance that was completed and sent to the | 51897 |
| registrar and a court pursuant to section 4511.192 of the Revised | 51898 |
| Code in regard to a person whose test results indicate that the | 51899 |
| person's whole blood, blood serum or plasma, breath, or urine | 51900 |
| contained at least the concentration of alcohol specified in | 51901 |
| division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the | 51902 |
| Revised Code, the registrar shall enter into the registrar's | 51903 |
| records the fact that the person's driver's or commercial driver's | 51904 |
| license or permit or nonresident operating privilege was suspended | 51905 |
| by the arresting officer under this division and section 4511.192 | 51906 |
| of the Revised Code and the period of the suspension, as | 51907 |
| determined under divisions (F)(1) to (4) of this section. The | 51908 |
| suspension shall be subject to appeal as provided in section | 51909 |
| 4511.197 of the Revised Code. The suspension described in this | 51910 |
| division does not apply to, and shall not be imposed upon, a | 51911 |
| person arrested for a violation of section 4511.194 of the Revised | 51912 |
| Code or a substantially equivalent municipal ordinance who submits | 51913 |
| to a designated chemical test. The suspension shall be for | 51914 |
| whichever of the following periods applies: | 51915 |
| (a) Except when division (C)(1)(b), (c), or (d) of this | 51916 |
| section applies and specifies a different period, the suspension | 51917 |
| shall be a class E suspension imposed for the period of time | 51918 |
| specified in division (B)(5) of section 4510.02 of the Revised | 51919 |
| Code. | 51920 |
| (b) The suspension shall be a class C suspension for the | 51921 |
| period of time specified in division (B)(3) of section 4510.02 of | 51922 |
| the Revised Code if the person has been convicted of or pleaded | 51923 |
| guilty to, within six years of the date the test was conducted, | 51924 |
| one violation of division (A) or (B) of section 4511.19 of the | 51925 |
| Revised Code or one other equivalent offense. | 51926 |
| (c) If, within six years of the date the test was conducted, | 51927 |
| the person has been convicted of or pleaded guilty to two | 51928 |
| violations of a statute or ordinance described in division | 51929 |
| (C)(1)(b) of this section, the suspension shall be a class B | 51930 |
| suspension imposed for the period of time specified in division | 51931 |
| (B)(2) of section 4510.02 of the Revised Code. | 51932 |
| (d) If, within six years of the date the test was conducted, | 51933 |
| the person has been convicted of or pleaded guilty to more than | 51934 |
| two violations of a statute or ordinance described in division | 51935 |
| (C)(1)(b) of this section, the suspension shall be a class A | 51936 |
| suspension imposed for the period of time specified in division | 51937 |
| (B)(1) of section 4510.02 of the Revised Code. | 51938 |
| (2) The registrar shall terminate a suspension of the | 51939 |
| driver's or commercial driver's license or permit of a resident or | 51940 |
| of the operating privilege of a nonresident, or a denial of a | 51941 |
| driver's or commercial driver's license or permit, imposed | 51942 |
| pursuant to division (C)(1) of this section upon receipt of notice | 51943 |
| that the person has entered a plea of guilty to, or that the | 51944 |
| person has been convicted after entering a plea of no contest to, | 51945 |
| operating a vehicle in violation of section 4511.19 of the Revised | 51946 |
| Code or in violation of a municipal OVI ordinance, if the offense | 51947 |
| for which the conviction is had or the plea is entered arose from | 51948 |
| the same incident that led to the suspension or denial. | 51949 |
| The registrar shall credit against any judicial suspension of | 51950 |
| a person's driver's or commercial driver's license or permit or | 51951 |
| nonresident operating privilege imposed pursuant to section | 51952 |
| 4511.19 of the Revised Code, or pursuant to section 4510.07 of the | 51953 |
| Revised Code for a violation of a municipal OVI ordinance, any | 51954 |
| time during which the person serves a related suspension imposed | 51955 |
| pursuant to division (C)(1) of this section. | 51956 |
| (D)(1) A suspension of a person's driver's or commercial | 51957 |
| driver's license or permit or nonresident operating privilege | 51958 |
| under this section for the time described in division (B) or (C) | 51959 |
| of this section is effective immediately from the time at which | 51960 |
| the arresting officer serves the notice of suspension upon the | 51961 |
| arrested person. Any subsequent finding that the person is not | 51962 |
| guilty of the charge that resulted in the person being requested | 51963 |
| to take the chemical test or tests under division (A) of this | 51964 |
| section does not affect the suspension. | 51965 |
| (2) If a person is arrested for operating a vehicle, | 51966 |
| streetcar, or trackless trolley in violation of division (A) or | 51967 |
| (B) of section 4511.19 of the Revised Code or a municipal OVI | 51968 |
| ordinance, or for being in physical control of a vehicle, | 51969 |
| streetcar, or trackless trolley in violation of section 4511.194 | 51970 |
| of the Revised Code or a substantially equivalent municipal | 51971 |
| ordinance, regardless of whether the person's driver's or | 51972 |
| commercial driver's license or permit or nonresident operating | 51973 |
| privilege is or is not suspended under division (B) or (C) of this | 51974 |
| section or Chapter 4510. of the Revised Code, the person's initial | 51975 |
| appearance on the charge resulting from the arrest shall be held | 51976 |
| within five days of the person's arrest or the issuance of the | 51977 |
| citation to the person, subject to any continuance granted by the | 51978 |
| court pursuant to section 4511.197 of the Revised Code regarding | 51979 |
| the issues specified in that division. | 51980 |
| (E) When it finally has been determined under the procedures | 51981 |
|
of this section
and sections 4511.192 | 51982 |
| Revised Code that a nonresident's privilege to operate a vehicle | 51983 |
| within this state has been suspended, the registrar shall give | 51984 |
| information in writing of the action taken to the motor vehicle | 51985 |
| administrator of the state of the person's residence and of any | 51986 |
| state in which the person has a license. | 51987 |
| (F) At the end of a suspension period under this section, | 51988 |
| under section 4511.194, section 4511.196, or division (G) of | 51989 |
| section 4511.19 of the Revised Code, or under section 4510.07 of | 51990 |
| the Revised Code for a violation of a municipal OVI ordinance and | 51991 |
| upon the request of the person whose driver's or commercial | 51992 |
| driver's license or permit was suspended and who is not otherwise | 51993 |
| subject to suspension, cancellation, or disqualification, the | 51994 |
| registrar shall return the driver's or commercial driver's license | 51995 |
| or permit to the person upon the occurrence of all of the | 51996 |
| conditions specified in divisions (F)(1) and (2) of this section: | 51997 |
| (1) A showing that the person has proof of financial | 51998 |
| responsibility, a policy of liability insurance in effect that | 51999 |
| meets the minimum standards set forth in section 4509.51 of the | 52000 |
| Revised Code, or proof, to the satisfaction of the registrar, that | 52001 |
| the person is able to respond in damages in an amount at least | 52002 |
| equal to the minimum amounts specified in section 4509.51 of the | 52003 |
| Revised Code. | 52004 |
| (2) Subject to the limitation contained in division (F)(3) of | 52005 |
| this section, payment by the person to the bureau of motor | 52006 |
| vehicles of a license reinstatement fee of four hundred | 52007 |
| twenty-five dollars, which fee shall be deposited in the state | 52008 |
| treasury and credited as follows: | 52009 |
| (a) One hundred twelve dollars and fifty cents shall be | 52010 |
| credited to the statewide treatment and prevention fund created by | 52011 |
| section 4301.30 of the Revised Code. The fund shall be used to pay | 52012 |
| the costs of driver treatment and intervention programs operated | 52013 |
| pursuant to sections 3793.02 and 3793.10 of the Revised Code. The | 52014 |
| director of alcohol and drug addiction services shall determine | 52015 |
| the share of the fund that is to be allocated to alcohol and drug | 52016 |
| addiction programs authorized by section 3793.02 of the Revised | 52017 |
| Code, and the share of the fund that is to be allocated to | 52018 |
| drivers' intervention programs authorized by section 3793.10 of | 52019 |
| the Revised Code. | 52020 |
| (b) Seventy-five dollars shall be credited to the reparations | 52021 |
| fund created by section 2743.191 of the Revised Code. | 52022 |
| (c) Thirty-seven dollars and fifty cents shall be credited to | 52023 |
| the indigent drivers alcohol treatment fund, which is hereby | 52024 |
| established. Except as otherwise provided in division (F)(2)(c) of | 52025 |
| this section, moneys in the fund shall be distributed by the | 52026 |
| department of alcohol and drug addiction services to the county | 52027 |
| indigent drivers alcohol treatment funds, the county juvenile | 52028 |
| indigent drivers alcohol treatment funds, and the municipal | 52029 |
| indigent drivers alcohol treatment funds that are required to be | 52030 |
| established by counties and municipal corporations pursuant to | 52031 |
| this section, and shall be used only to pay the cost of an alcohol | 52032 |
| and drug addiction treatment program attended by an offender or | 52033 |
| juvenile traffic offender who is ordered to attend an alcohol and | 52034 |
| drug addiction treatment program by a county, juvenile, or | 52035 |
| municipal court judge and who is determined by the county, | 52036 |
| juvenile, or municipal court judge not to have the means to pay | 52037 |
| for the person's attendance at the program or to pay the costs | 52038 |
| specified in division (H)(4) of this section in accordance with | 52039 |
| that division. In addition, a county, juvenile, or municipal court | 52040 |
| judge may use moneys in the county indigent drivers alcohol | 52041 |
| treatment fund, county juvenile indigent drivers alcohol treatment | 52042 |
| fund, or municipal indigent drivers alcohol treatment fund to pay | 52043 |
| for the cost of the continued use of an electronic continuous | 52044 |
| alcohol monitoring device as described in divisions (H)(3) and (4) | 52045 |
| of this section. Moneys in the fund that are not distributed to a | 52046 |
| county indigent drivers alcohol treatment fund, a county juvenile | 52047 |
| indigent drivers alcohol treatment fund, or a municipal indigent | 52048 |
| drivers alcohol treatment fund under division (H) of this section | 52049 |
| because the director of alcohol and drug addiction services does | 52050 |
| not have the information necessary to identify the county or | 52051 |
| municipal corporation where the offender or juvenile offender was | 52052 |
| arrested may be transferred by the director of budget and | 52053 |
| management to the statewide treatment and prevention fund created | 52054 |
| by section 4301.30 of the Revised Code, upon certification of the | 52055 |
| amount by the director of alcohol and drug addiction services. | 52056 |
| (d) Seventy-five dollars shall be credited to the Ohio | 52057 |
| rehabilitation services commission established by section 3304.12 | 52058 |
| of the Revised Code, to the services for rehabilitation fund, | 52059 |
| which is hereby established. The fund shall be used to match | 52060 |
| available federal matching funds where appropriate, and for any | 52061 |
| other purpose or program of the commission to rehabilitate people | 52062 |
| with disabilities to help them become employed and independent. | 52063 |
| (e) Seventy-five dollars shall be deposited into the state | 52064 |
| treasury and credited to the drug abuse resistance education | 52065 |
| programs fund, which is hereby established, to be used by the | 52066 |
|
attorney general for the purposes specified in division
| 52067 |
| of this section. | 52068 |
| (f) Thirty dollars shall be credited to the state bureau of | 52069 |
| motor vehicles fund created by section 4501.25 of the Revised | 52070 |
| Code. | 52071 |
| (g) Twenty dollars shall be credited to the trauma and | 52072 |
| emergency medical services grants fund created by section 4513.263 | 52073 |
| of the Revised Code. | 52074 |
| (3) If a person's driver's or commercial driver's license or | 52075 |
| permit is suspended under this section, under section 4511.196 or | 52076 |
| division (G) of section 4511.19 of the Revised Code, under section | 52077 |
| 4510.07 of the Revised Code for a violation of a municipal OVI | 52078 |
| ordinance or under any combination of the suspensions described in | 52079 |
| division (F)(3) of this section, and if the suspensions arise from | 52080 |
| a single incident or a single set of facts and circumstances, the | 52081 |
| person is liable for payment of, and shall be required to pay to | 52082 |
| the bureau, only one reinstatement fee of four hundred twenty-five | 52083 |
| dollars. The reinstatement fee shall be distributed by the bureau | 52084 |
| in accordance with division (F)(2) of this section. | 52085 |
| (4) The attorney general shall use amounts in the drug abuse | 52086 |
| resistance education programs fund to award grants to law | 52087 |
| enforcement agencies to establish and implement drug abuse | 52088 |
| resistance education programs in public schools. Grants awarded to | 52089 |
| a law enforcement agency under this section shall be used by the | 52090 |
| agency to pay for not more than fifty per cent of the amount of | 52091 |
| the salaries of law enforcement officers who conduct drug abuse | 52092 |
| resistance education programs in public schools. The attorney | 52093 |
| general shall not use more than six per cent of the amounts the | 52094 |
| attorney general's office receives under division (F)(2)(e) of | 52095 |
| this section to pay the costs it incurs in administering the grant | 52096 |
| program established by division (F)(2)(e) of this section and in | 52097 |
| providing training and materials relating to drug abuse resistance | 52098 |
| education programs. | 52099 |
| The attorney general shall report to the governor and the | 52100 |
| general assembly each fiscal year on the progress made in | 52101 |
| establishing and implementing drug abuse resistance education | 52102 |
| programs. These reports shall include an evaluation of the | 52103 |
| effectiveness of these programs. | 52104 |
| (G) Suspension of a commercial driver's license under | 52105 |
| division (B) or (C) of this section shall be concurrent with any | 52106 |
| period of disqualification under section 3123.611 or 4506.16 of | 52107 |
| the Revised Code or any period of suspension under section 3123.58 | 52108 |
| of the Revised Code. No person who is disqualified for life from | 52109 |
| holding a commercial driver's license under section 4506.16 of the | 52110 |
| Revised Code shall be issued a driver's license under Chapter | 52111 |
| 4507. of the Revised Code during the period for which the | 52112 |
| commercial driver's license was suspended under division (B) or | 52113 |
| (C) of this section. No person whose commercial driver's license | 52114 |
| is suspended under division (B) or (C) of this section shall be | 52115 |
| issued a driver's license under Chapter 4507. of the Revised Code | 52116 |
| during the period of the suspension. | 52117 |
| (H)(1) Each county shall establish an indigent drivers | 52118 |
| alcohol treatment fund, each county shall establish a juvenile | 52119 |
| indigent drivers alcohol treatment fund, and each municipal | 52120 |
| corporation in which there is a municipal court shall establish an | 52121 |
| indigent drivers alcohol treatment fund. All revenue that the | 52122 |
| general assembly appropriates to the indigent drivers alcohol | 52123 |
| treatment fund for transfer to a county indigent drivers alcohol | 52124 |
| treatment fund, a county juvenile indigent drivers alcohol | 52125 |
| treatment fund, or a municipal indigent drivers alcohol treatment | 52126 |
|
fund, all portions of fees that are paid under division | 52127 |
| this section and that are credited under that division to the | 52128 |
| indigent drivers alcohol treatment fund in the state treasury for | 52129 |
| a county indigent drivers alcohol treatment fund, a county | 52130 |
| juvenile indigent drivers alcohol treatment fund, or a municipal | 52131 |
| indigent drivers alcohol treatment fund, and all portions of fines | 52132 |
| that are specified for deposit into a county or municipal indigent | 52133 |
| drivers alcohol treatment fund by section 4511.193 of the Revised | 52134 |
| Code shall be deposited into that county indigent drivers alcohol | 52135 |
| treatment fund, county juvenile indigent drivers alcohol treatment | 52136 |
| fund, or municipal indigent drivers alcohol treatment fund in | 52137 |
| accordance with division (H)(2) of this section. Additionally, all | 52138 |
| portions of fines that are paid for a violation of section 4511.19 | 52139 |
| of the Revised Code or of any prohibition contained in Chapter | 52140 |
| 4510. of the Revised Code, and that are required under section | 52141 |
| 4511.19 or any provision of Chapter 4510. of the Revised Code to | 52142 |
| be deposited into a county indigent drivers alcohol treatment fund | 52143 |
| or municipal indigent drivers alcohol treatment fund shall be | 52144 |
| deposited into the appropriate fund in accordance with the | 52145 |
| applicable division. | 52146 |
| (2) That portion of the license reinstatement fee that is | 52147 |
| paid under division (F) of this section and that is credited under | 52148 |
| that division to the indigent drivers alcohol treatment fund shall | 52149 |
| be deposited into a county indigent drivers alcohol treatment | 52150 |
| fund, a county juvenile indigent drivers alcohol treatment fund, | 52151 |
| or a municipal indigent drivers alcohol treatment fund as follows: | 52152 |
| (a) If the suspension in question was imposed under this | 52153 |
| section, that portion of the fee shall be deposited as follows: | 52154 |
| (i) If the fee is paid by a person who was charged in a | 52155 |
| county court with the violation that resulted in the suspension, | 52156 |
| the portion shall be deposited into the county indigent drivers | 52157 |
| alcohol treatment fund under the control of that court; | 52158 |
| (ii) If the fee is paid by a person who was charged in a | 52159 |
| juvenile court with the violation that resulted in the suspension, | 52160 |
| the portion shall be deposited into the county juvenile indigent | 52161 |
| drivers alcohol treatment fund established in the county served by | 52162 |
| the court; | 52163 |
| (iii) If the fee is paid by a person who was charged in a | 52164 |
| municipal court with the violation that resulted in the | 52165 |
| suspension, the portion shall be deposited into the municipal | 52166 |
| indigent drivers alcohol treatment fund under the control of that | 52167 |
| court. | 52168 |
| (b) If the suspension in question was imposed under section | 52169 |
| 4511.19 of the Revised Code or under section 4510.07 of the | 52170 |
| Revised Code for a violation of a municipal OVI ordinance, that | 52171 |
| portion of the fee shall be deposited as follows: | 52172 |
| (i) If the fee is paid by a person whose license or permit | 52173 |
| was suspended by a county court, the portion shall be deposited | 52174 |
| into the county indigent drivers alcohol treatment fund under the | 52175 |
| control of that court; | 52176 |
| (ii) If the fee is paid by a person whose license or permit | 52177 |
| was suspended by a municipal court, the portion shall be deposited | 52178 |
| into the municipal indigent drivers alcohol treatment fund under | 52179 |
| the control of that court. | 52180 |
| (3) Expenditures from a county indigent drivers alcohol | 52181 |
| treatment fund, a county juvenile indigent drivers alcohol | 52182 |
| treatment fund, or a municipal indigent drivers alcohol treatment | 52183 |
| fund shall be made only upon the order of a county, juvenile, or | 52184 |
| municipal court judge and only for payment of the cost of the | 52185 |
| attendance at an alcohol and drug addiction treatment program of a | 52186 |
| person who is convicted of, or found to be a juvenile traffic | 52187 |
| offender by reason of, a violation of division (A) of section | 52188 |
| 4511.19 of the Revised Code or a substantially similar municipal | 52189 |
| ordinance, who is ordered by the court to attend the alcohol and | 52190 |
| drug addiction treatment program, and who is determined by the | 52191 |
| court to be unable to pay the cost of attendance at the treatment | 52192 |
| program or for payment of the costs specified in division (H)(4) | 52193 |
| of this section in accordance with that division. The alcohol and | 52194 |
| drug addiction services board or the board of alcohol, drug | 52195 |
| addiction, and mental health services established pursuant to | 52196 |
| section 340.02 or 340.021 of the Revised Code and serving the | 52197 |
| alcohol, drug addiction, and mental health service district in | 52198 |
| which the court is located shall administer the indigent drivers | 52199 |
| alcohol treatment program of the court. When a court orders an | 52200 |
| offender or juvenile traffic offender to attend an alcohol and | 52201 |
| drug addiction treatment program, the board shall determine which | 52202 |
| program is suitable to meet the needs of the offender or juvenile | 52203 |
| traffic offender, and when a suitable program is located and space | 52204 |
| is available at the program, the offender or juvenile traffic | 52205 |
| offender shall attend the program designated by the board. A | 52206 |
| reasonable amount not to exceed five per cent of the amounts | 52207 |
| credited to and deposited into the county indigent drivers alcohol | 52208 |
| treatment fund, the county juvenile indigent drivers alcohol | 52209 |
| treatment fund, or the municipal indigent drivers alcohol | 52210 |
| treatment fund serving every court whose program is administered | 52211 |
| by that board shall be paid to the board to cover the costs it | 52212 |
| incurs in administering those indigent drivers alcohol treatment | 52213 |
| programs. | 52214 |
| In addition, a county, juvenile, or municipal court judge may | 52215 |
| use moneys in the county indigent drivers alcohol treatment fund, | 52216 |
| county juvenile indigent drivers alcohol treatment fund, or | 52217 |
| municipal indigent drivers alcohol treatment fund to pay for the | 52218 |
| continued use of an electronic continuous alcohol monitoring | 52219 |
| device by an offender or juvenile traffic offender, in conjunction | 52220 |
| with a treatment program approved by the department of alcohol and | 52221 |
| drug addiction services, when such use is determined clinically | 52222 |
| necessary by the treatment program and when the court determines | 52223 |
| that the offender or juvenile traffic offender is unable to pay | 52224 |
| all or part of the daily monitoring of the device. | 52225 |
| (4) If a county, juvenile, or municipal court determines, in | 52226 |
| consultation with the alcohol and drug addiction services board or | 52227 |
| the board of alcohol, drug addiction, and mental health services | 52228 |
| established pursuant to section 340.02 or 340.021 of the Revised | 52229 |
| Code and serving the alcohol, drug addiction, and mental health | 52230 |
| district in which the court is located, that the funds in the | 52231 |
| county indigent drivers alcohol treatment fund, the county | 52232 |
| juvenile indigent drivers alcohol treatment fund, or the municipal | 52233 |
| indigent drivers alcohol treatment fund under the control of the | 52234 |
| court are more than sufficient to satisfy the purpose for which | 52235 |
| the fund was established, as specified in divisions (H)(1) to (3) | 52236 |
| of this section, the court may declare a surplus in the fund. If | 52237 |
| the court declares a surplus in the fund, the court may expend the | 52238 |
|
amount of the surplus in the fund for
| 52239 |
| (a) Alcohol and drug abuse assessment and treatment of | 52240 |
| persons who are charged in the court with committing a criminal | 52241 |
| offense or with being a delinquent child or juvenile traffic | 52242 |
| offender and in relation to whom both of the following apply: | 52243 |
| | 52244 |
| contributing factor leading to the criminal or delinquent activity | 52245 |
| or the juvenile traffic offense with which the person is charged. | 52246 |
| | 52247 |
| the cost of the alcohol and drug abuse assessment and treatment | 52248 |
| for which the surplus money will be used. | 52249 |
| (b) All or part of the cost of purchasing electronic | 52250 |
| continuous alcohol monitoring devices to be used in conjunction | 52251 |
| with division (H)(3) of this section. | 52252 |
| Sec. 4511.75. (A) The driver of a vehicle, streetcar, or | 52253 |
| trackless trolley upon meeting or overtaking from either direction | 52254 |
| any school bus stopped for the purpose of receiving or discharging | 52255 |
| any school child, person attending programs offered by community | 52256 |
| boards of mental health and county boards of mental retardation | 52257 |
| and developmental disabilities, or child attending a program | 52258 |
| offered by a head start agency, shall stop at least ten feet from | 52259 |
| the front or rear of the school bus and shall not proceed until | 52260 |
| such school bus resumes motion, or until signaled by the school | 52261 |
| bus driver to proceed. | 52262 |
| It is no defense to a charge under this division that the | 52263 |
| school bus involved failed to display or be equipped with an | 52264 |
| automatically extended stop warning sign as required by division | 52265 |
| (B) of this section. | 52266 |
| (B) Every school bus shall be equipped with amber and red | 52267 |
| visual signals meeting the requirements of section 4511.771 of the | 52268 |
| Revised Code, and an automatically extended stop warning sign of a | 52269 |
| type approved by the state board of education, which shall be | 52270 |
| actuated by the driver of the bus whenever but only whenever the | 52271 |
| bus is stopped or stopping on the roadway for the purpose of | 52272 |
| receiving or discharging school children, persons attending | 52273 |
| programs offered by community boards of mental health and county | 52274 |
| boards of mental retardation and developmental disabilities, or | 52275 |
| children attending programs offered by head start agencies. A | 52276 |
| school bus driver shall not actuate the visual signals or the stop | 52277 |
| warning sign in designated school bus loading areas where the bus | 52278 |
| is entirely off the roadway or at school buildings when children | 52279 |
| or persons attending programs offered by community boards of | 52280 |
| mental health and county boards of mental retardation and | 52281 |
| developmental disabilities are loading or unloading at curbside or | 52282 |
| at buildings when children attending programs offered by head | 52283 |
| start agencies are loading or unloading at curbside. The visual | 52284 |
| signals and stop warning sign shall be synchronized or otherwise | 52285 |
| operated as required by rule of the board. | 52286 |
| (C) Where a highway has been divided into four or more | 52287 |
| traffic lanes, a driver of a vehicle, streetcar, or trackless | 52288 |
| trolley need not stop for a school bus approaching from the | 52289 |
| opposite direction which has stopped for the purpose of receiving | 52290 |
| or discharging any school child, persons attending programs | 52291 |
| offered by community boards of mental health and county boards of | 52292 |
| mental retardation and developmental disabilities, or children | 52293 |
| attending programs offered by head start agencies. The driver of | 52294 |
| any vehicle, streetcar, or trackless trolley overtaking the school | 52295 |
| bus shall comply with division (A) of this section. | 52296 |
| (D) School buses operating on divided highways or on highways | 52297 |
| with four or more traffic lanes shall receive and discharge all | 52298 |
| school children, persons attending programs offered by community | 52299 |
| boards of mental health and county boards of mental retardation | 52300 |
| and developmental disabilities, and children attending programs | 52301 |
| offered by head start agencies on their residence side of the | 52302 |
| highway. | 52303 |
| (E) No school bus driver shall start the driver's bus until | 52304 |
| after any child, person attending programs offered by community | 52305 |
| boards of mental health and county boards of mental retardation | 52306 |
| and developmental disabilities, or child attending a program | 52307 |
| offered by a head start agency who may have alighted therefrom has | 52308 |
| reached a place of safety on the child's or person's residence | 52309 |
| side of the road. | 52310 |
| (F)(1) Whoever violates division (A) of this section may be | 52311 |
| fined an amount not to exceed five hundred dollars. A person who | 52312 |
| is issued a citation for a violation of division (A) of this | 52313 |
| section is not permitted to enter a written plea of guilty and | 52314 |
| waive the person's right to contest the citation in a trial but | 52315 |
| instead must appear in person in the proper court to answer the | 52316 |
| charge. | 52317 |
| (2) In addition to and independent of any other penalty | 52318 |
| provided by law, the court or mayor may impose upon an offender | 52319 |
| who violates this section a class seven suspension of the | 52320 |
| offender's driver's license, commercial driver's license, | 52321 |
| temporary instruction permit, probationary license, or nonresident | 52322 |
| operating privilege from the range specified in division (A)(7) of | 52323 |
| section 4510.02 of the Revised Code. When a license is suspended | 52324 |
| under this section, the court or mayor shall cause the offender to | 52325 |
| deliver the license to the court, and the court or clerk of the | 52326 |
| court immediately shall forward the license to the registrar of | 52327 |
| motor vehicles, together with notice of the court's action. | 52328 |
| (G) As used in this section: | 52329 |
| (1) "Head start agency" has the same meaning as in section | 52330 |
| 52331 |
| (2) "School bus," as used in relation to children who attend | 52332 |
| a program offered by a head start agency, means a bus that is | 52333 |
| owned and operated by a head start agency, is equipped with an | 52334 |
| automatically extended stop warning sign of a type approved by the | 52335 |
| state board of education, is painted the color and displays the | 52336 |
| markings described in section 4511.77 of the Revised Code, and is | 52337 |
| equipped with amber and red visual signals meeting the | 52338 |
| requirements of section 4511.771 of the Revised Code, irrespective | 52339 |
| of whether or not the bus has fifteen or more children aboard at | 52340 |
| any time. "School bus" does not include a van owned and operated | 52341 |
| by a head start agency, irrespective of its color, lights, or | 52342 |
| markings. | 52343 |
| Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the | 52344 |
| Revised Code: | 52345 |
| (A) "Persons" includes individuals, firms, partnerships, | 52346 |
| associations, joint stock companies, corporations, and any | 52347 |
| combinations of individuals. | 52348 |
| (B) "Motor vehicle" means motor vehicle as defined in section | 52349 |
| 4501.01 of the Revised Code and also includes "all-purpose | 52350 |
| vehicle" and "off-highway motorcycle" as those terms are defined | 52351 |
| in section 4519.01 of the Revised Code and manufactured and mobile | 52352 |
| homes. "Motor vehicle" does not include a snowmobile as defined in | 52353 |
| section 4519.01 of the Revised Code. | 52354 |
| (C) "New motor vehicle" means a motor vehicle, the legal | 52355 |
| title to which has never been transferred by a manufacturer, | 52356 |
| remanufacturer, distributor, or dealer to an ultimate purchaser. | 52357 |
| (D) "Ultimate purchaser" means, with respect to any new motor | 52358 |
| vehicle, the first person, other than a dealer purchasing in the | 52359 |
| capacity of a dealer, who in good faith purchases such new motor | 52360 |
| vehicle for purposes other than resale. | 52361 |
| (E) "Business" includes any activities engaged in by any | 52362 |
| person for the object of gain, benefit, or advantage either direct | 52363 |
| or indirect. | 52364 |
| (F) "Engaging in business" means commencing, conducting, or | 52365 |
| continuing in business, or liquidating a business when the | 52366 |
| liquidator thereof holds self out to be conducting such business; | 52367 |
| making a casual sale or otherwise making transfers in the ordinary | 52368 |
| course of business when the transfers are made in connection with | 52369 |
| the disposition of all or substantially all of the transferor's | 52370 |
| assets is not engaging in business. | 52371 |
| (G) "Retail sale" or "sale at retail" means the act or | 52372 |
| attempted act of selling, bartering, exchanging, or otherwise | 52373 |
| disposing of a motor vehicle to an ultimate purchaser for use as a | 52374 |
| consumer. | 52375 |
| (H) "Retail installment contract" includes any contract in | 52376 |
| the form of a note, chattel mortgage, conditional sales contract, | 52377 |
| lease, agreement, or other instrument payable in one or more | 52378 |
| installments over a period of time and arising out of the retail | 52379 |
| sale of a motor vehicle. | 52380 |
| (I) "Farm machinery" means all machines and tools used in the | 52381 |
| production, harvesting, and care of farm products. | 52382 |
| (J) "Dealer" or "motor vehicle dealer" means any new motor | 52383 |
| vehicle dealer, any motor vehicle leasing dealer, and any used | 52384 |
| motor vehicle dealer. | 52385 |
| (K) "New motor vehicle dealer" means any person engaged in | 52386 |
| the business of selling at retail, displaying, offering for sale, | 52387 |
| or dealing in new motor vehicles pursuant to a contract or | 52388 |
| agreement entered into with the manufacturer, remanufacturer, or | 52389 |
| distributor of the motor vehicles. | 52390 |
| (L) "Used motor vehicle dealer" means any person engaged in | 52391 |
| the business of selling, displaying, offering for sale, or dealing | 52392 |
| in used motor vehicles, at retail or wholesale, but does not mean | 52393 |
| any new motor vehicle dealer selling, displaying, offering for | 52394 |
| sale, or dealing in used motor vehicles incidentally to engaging | 52395 |
| in the business of selling, displaying, offering for sale, or | 52396 |
| dealing in new motor vehicles, any person engaged in the business | 52397 |
| of dismantling, salvaging, or rebuilding motor vehicles by means | 52398 |
| of using used parts, or any public officer performing official | 52399 |
| duties. | 52400 |
| (M) "Motor vehicle leasing dealer" means any person engaged | 52401 |
| in the business of regularly making available, offering to make | 52402 |
| available, or arranging for another person to use a motor vehicle | 52403 |
| pursuant to a bailment, lease, sublease, or other contractual | 52404 |
| arrangement under which a charge is made for its use at a periodic | 52405 |
| rate for a term of thirty days or more, and title to the motor | 52406 |
| vehicle is in and remains in the motor vehicle leasing dealer who | 52407 |
| originally leases it, irrespective of whether or not the motor | 52408 |
| vehicle is the subject of a later sublease, and not in the user, | 52409 |
| but does not mean a manufacturer or its affiliate leasing to its | 52410 |
| employees or to dealers. | 52411 |
| (N) "Salesperson" means any person employed by a dealer or | 52412 |
| manufactured home broker to sell, display, and offer for sale, or | 52413 |
| deal in motor vehicles for a commission, compensation, or other | 52414 |
| valuable consideration, but does not mean any public officer | 52415 |
| performing official duties. | 52416 |
| (O) "Casual sale" means any transfer of a motor vehicle by a | 52417 |
| person other than a new motor vehicle dealer, used motor vehicle | 52418 |
| dealer, motor vehicle salvage dealer, as defined in division (A) | 52419 |
| of section 4738.01 of the Revised Code, salesperson, motor vehicle | 52420 |
| auction owner, manufacturer, or distributor acting in the capacity | 52421 |
| of a dealer, salesperson, auction owner, manufacturer, or | 52422 |
| distributor, to a person who purchases the motor vehicle for use | 52423 |
| as a consumer. | 52424 |
| (P) "Motor vehicle show" means a display of current models of | 52425 |
| motor vehicles whereby the primary purpose is the exhibition of | 52426 |
| competitive makes and models in order to provide the general | 52427 |
| public the opportunity to review and inspect various makes and | 52428 |
| models of motor vehicles at a single location. | 52429 |
| (Q) "Motor vehicle auction owner" means any person who is | 52430 |
| engaged wholly or in part in the business of auctioning motor | 52431 |
| vehicles. | 52432 |
| (R) "Manufacturer" means a person who manufactures, | 52433 |
| assembles, or imports motor vehicles, including motor homes, but | 52434 |
| does not mean a person who only assembles or installs a body, | 52435 |
| special equipment unit, finishing trim, or accessories on a motor | 52436 |
| vehicle chassis supplied by a manufacturer or distributor. | 52437 |
| (S) "Tent-type fold-out camping trailer" means any vehicle | 52438 |
| intended to be used, when stationary, as a temporary shelter with | 52439 |
| living and sleeping facilities, and that is subject to the | 52440 |
| following properties and limitations: | 52441 |
| (1) A minimum of twenty-five per cent of the fold-out portion | 52442 |
| of the top and sidewalls combined must be constructed of canvas, | 52443 |
| vinyl, or other fabric, and form an integral part of the shelter. | 52444 |
| (2) When folded, the unit must not exceed: | 52445 |
| (a) Fifteen feet in length, exclusive of bumper and tongue; | 52446 |
| (b) Sixty inches in height from the point of contact with the | 52447 |
| ground; | 52448 |
| (c) Eight feet in width; | 52449 |
| (d) One ton gross weight at time of sale. | 52450 |
| (T) "Distributor" means any person authorized by a motor | 52451 |
| vehicle manufacturer to distribute new motor vehicles to licensed | 52452 |
| new motor vehicle dealers, but does not mean a person who only | 52453 |
| assembles or installs a body, special equipment unit, finishing | 52454 |
| trim, or accessories on a motor vehicle chassis supplied by a | 52455 |
| manufacturer or distributor. | 52456 |
| (U) "Flea market" means a market place, other than a dealer's | 52457 |
| location licensed under this chapter, where a space or location is | 52458 |
| provided for a fee or compensation to a seller to exhibit and | 52459 |
| offer for sale or trade, motor vehicles to the general public. | 52460 |
| (V) "Franchise" means any written agreement, contract, or | 52461 |
| understanding between any motor vehicle manufacturer or | 52462 |
| remanufacturer engaged in commerce and any motor vehicle dealer | 52463 |
| that purports to fix the legal rights and liabilities of the | 52464 |
| parties to such agreement, contract, or understanding. | 52465 |
| (W) "Franchisee" means a person who receives new motor | 52466 |
| vehicles from the franchisor under a franchise agreement and who | 52467 |
| offers, sells, and provides service for such new motor vehicles to | 52468 |
| the general public. | 52469 |
| (X) "Franchisor" means a new motor vehicle manufacturer, | 52470 |
| remanufacturer, or distributor who supplies new motor vehicles | 52471 |
| under a franchise agreement to a franchisee. | 52472 |
| (Y) "Dealer organization" means a state or local trade | 52473 |
| association the membership of which is comprised predominantly of | 52474 |
| new motor vehicle dealers. | 52475 |
| (Z) "Factory representative" means a representative employed | 52476 |
| by a manufacturer, remanufacturer, or by a factory branch | 52477 |
| primarily for the purpose of promoting the sale of its motor | 52478 |
| vehicles, parts, or accessories to dealers or for supervising or | 52479 |
| contacting its dealers or prospective dealers. | 52480 |
| (AA) "Administrative or executive management" means those | 52481 |
| individuals who are not subject to federal wage and hour laws. | 52482 |
| (BB) "Good faith" means honesty in the conduct or transaction | 52483 |
| concerned and the observance of reasonable commercial standards of | 52484 |
| fair dealing in the trade as is defined in division (S) of section | 52485 |
| 1301.01 of the Revised Code, including, but not limited to, the | 52486 |
| duty to act in a fair and equitable manner so as to guarantee | 52487 |
| freedom from coercion, intimidation, or threats of coercion or | 52488 |
| intimidation; provided however, that recommendation, endorsement, | 52489 |
| exposition, persuasion, urging, or argument shall not be | 52490 |
| considered to constitute a lack of good faith. | 52491 |
| (CC) "Coerce" means to compel or attempt to compel by failing | 52492 |
| to act in good faith or by threat of economic harm, breach of | 52493 |
| contract, or other adverse consequences. Coerce does not mean to | 52494 |
| argue, urge, recommend, or persuade. | 52495 |
| (DD) "Relevant market area" means any area within a radius of | 52496 |
| ten miles from the site of a potential new dealership, except that | 52497 |
| for manufactured home or recreational vehicle dealerships the | 52498 |
| radius shall be twenty-five miles. The ten-mile radius shall be | 52499 |
| measured from the dealer's established place of business that is | 52500 |
| used exclusively for the purpose of selling, displaying, offering | 52501 |
| for sale, or dealing in motor vehicles. | 52502 |
| (EE) "Wholesale" or "at wholesale" means the act or attempted | 52503 |
| act of selling, bartering, exchanging, or otherwise disposing of a | 52504 |
| motor vehicle to a transferee for the purpose of resale and not | 52505 |
| for ultimate consumption by that transferee. | 52506 |
| (FF) "Motor vehicle wholesaler" means any person licensed as | 52507 |
| a dealer under the laws of another state and engaged in the | 52508 |
| business of selling, displaying, or offering for sale used motor | 52509 |
| vehicles, at wholesale, but does not mean any motor vehicle dealer | 52510 |
| as defined in this section. | 52511 |
| (GG)(1) "Remanufacturer" means a person who assembles or | 52512 |
| installs passenger seating, walls, a roof elevation, or a body | 52513 |
| extension on a conversion van with the motor vehicle chassis | 52514 |
| supplied by a manufacturer or distributor, a person who modifies a | 52515 |
| truck chassis supplied by a manufacturer or distributor for use as | 52516 |
| a public safety or public service vehicle, a person who modifies a | 52517 |
| motor vehicle chassis supplied by a manufacturer or distributor | 52518 |
| for use as a limousine or hearse, or a person who modifies an | 52519 |
| incomplete motor vehicle cab and chassis supplied by a new motor | 52520 |
| vehicle dealer or distributor for use as a tow truck, but does not | 52521 |
| mean either of the following: | 52522 |
| (a) A person who assembles or installs passenger seating, | 52523 |
| walls, a roof elevation, or a body extension on a manufactured | 52524 |
| home as defined in division (C)(4) of section 3781.06 of the | 52525 |
| Revised Code, a mobile home as defined in division (O) and | 52526 |
| referred to in division (B) of section 4501.01 of the Revised | 52527 |
| Code, or a recreational vehicle as defined in division (Q) and | 52528 |
| referred to in division (B) of section 4501.01 of the Revised | 52529 |
| Code; | 52530 |
| (b) A person who assembles or installs special equipment or | 52531 |
| accessories for handicapped persons, as defined in section 4503.44 | 52532 |
| of the Revised Code, upon a motor vehicle chassis supplied by a | 52533 |
| manufacturer or distributor. | 52534 |
| (2) For the purposes of division (GG)(1) of this section, | 52535 |
| "public safety vehicle or public service vehicle" means a fire | 52536 |
| truck, ambulance, school bus, street sweeper, garbage packing | 52537 |
| truck, or cement mixer, or a mobile self-contained facility | 52538 |
| vehicle. | 52539 |
| (3) For the purposes of division (GG)(1) of this section, | 52540 |
| "limousine" means a motor vehicle, designed only for the purpose | 52541 |
| of carrying nine or fewer passengers, that a person modifies by | 52542 |
| cutting the original chassis, lengthening the wheelbase by forty | 52543 |
| inches or more, and reinforcing the chassis in such a way that all | 52544 |
| modifications comply with all applicable federal motor vehicle | 52545 |
| safety standards. No person shall qualify as or be deemed to be a | 52546 |
| remanufacturer who produces limousines unless the person has a | 52547 |
| written agreement with the manufacturer of the chassis the person | 52548 |
| utilizes to produce the limousines to complete properly the | 52549 |
| remanufacture of the chassis into limousines. | 52550 |
| (4) For the purposes of division (GG)(1) of this section, | 52551 |
| "hearse" means a motor vehicle, designed only for the purpose of | 52552 |
| transporting a single casket, that is equipped with a compartment | 52553 |
| designed specifically to carry a single casket that a person | 52554 |
| modifies by cutting the original chassis, lengthening the | 52555 |
| wheelbase by ten inches or more, and reinforcing the chassis in | 52556 |
| such a way that all modifications comply with all applicable | 52557 |
| federal motor vehicle safety standards. No person shall qualify as | 52558 |
| or be deemed to be a remanufacturer who produces hearses unless | 52559 |
| the person has a written agreement with the manufacturer of the | 52560 |
| chassis the person utilizes to produce the hearses to complete | 52561 |
| properly the remanufacture of the chassis into hearses. | 52562 |
| (5) For the purposes of division (GG)(1) of this section, | 52563 |
| "mobile self-contained facility vehicle" means a mobile classroom | 52564 |
| vehicle, mobile laboratory vehicle, bookmobile, bloodmobile, | 52565 |
| testing laboratory, and mobile display vehicle, each of which is | 52566 |
| designed for purposes other than for passenger transportation and | 52567 |
| other than the transportation or displacement of cargo, freight, | 52568 |
| materials, or merchandise. A vehicle is remanufactured into a | 52569 |
| mobile self-contained facility vehicle in part by the addition of | 52570 |
| insulation to the body shell, and installation of all of the | 52571 |
| following: a generator, electrical wiring, plumbing, holding | 52572 |
| tanks, doors, windows, cabinets, shelving, and heating, | 52573 |
| ventilating, and air conditioning systems. | 52574 |
| (6) For the purposes of division (GG)(1) of this section, | 52575 |
| "tow truck" means both of the following: | 52576 |
| (a) An incomplete cab and chassis that are purchased by a | 52577 |
| remanufacturer from a new motor vehicle dealer or distributor of | 52578 |
| the cab and chassis and on which the remanufacturer then installs | 52579 |
| in a permanent manner a wrecker body it purchases from a | 52580 |
| manufacturer or distributor of wrecker bodies, installs an | 52581 |
| emergency flashing light pylon and emergency lights upon the mast | 52582 |
| of the wrecker body or rooftop, and installs such other related | 52583 |
| accessories and equipment, including push bumpers, front grille | 52584 |
| guards with pads and other custom-ordered items such as painting, | 52585 |
| special lettering, and safety striping so as to create a complete | 52586 |
| motor vehicle capable of lifting and towing another motor vehicle. | 52587 |
| (b) An incomplete cab and chassis that are purchased by a | 52588 |
| remanufacturer from a new motor vehicle dealer or distributor of | 52589 |
| the cab and chassis and on which the remanufacturer then installs | 52590 |
| in a permanent manner a car carrier body it purchases from a | 52591 |
| manufacturer or distributor of car carrier bodies, installs an | 52592 |
| emergency flashing light pylon and emergency lights upon the | 52593 |
| rooftop, and installs such other related accessories and | 52594 |
| equipment, including push bumpers, front grille guards with pads | 52595 |
| and other custom-ordered items such as painting, special | 52596 |
| lettering, and safety striping. | 52597 |
| As used in division (GG)(6)(b) of this section, "car carrier | 52598 |
| body" means a mechanical or hydraulic apparatus capable of lifting | 52599 |
| and holding a motor vehicle on a flat level surface so that one or | 52600 |
| more motor vehicles can be transported, once the car carrier is | 52601 |
| permanently installed upon an incomplete cab and chassis. | 52602 |
| (HH) "Operating as a new motor vehicle dealership" means | 52603 |
| engaging in activities such as displaying, offering for sale, and | 52604 |
| selling new motor vehicles at retail, operating a service facility | 52605 |
| to perform repairs and maintenance on motor vehicles, offering for | 52606 |
| sale and selling motor vehicle parts at retail, and conducting all | 52607 |
| other acts that are usual and customary to the operation of a new | 52608 |
| motor vehicle dealership. For the purposes of this chapter only, | 52609 |
| possession of either a valid new motor vehicle dealer franchise | 52610 |
| agreement or a new motor vehicle dealers license, or both of these | 52611 |
| items, is not evidence that a person is operating as a new motor | 52612 |
| vehicle dealership. | 52613 |
| (II) "Manufactured home broker" means any person acting as a | 52614 |
| selling agent on behalf of an owner of a manufactured or mobile | 52615 |
| home that is subject to taxation under section 4503.06 of the | 52616 |
| Revised Code. | 52617 |
| (JJ) "Outdoor power equipment" means garden and small utility | 52618 |
| tractors, walk-behind and riding mowers, chainsaws, and tillers. | 52619 |
| (KK) "Remote service facility" means premises that are | 52620 |
| separate from a licensed new motor vehicle dealer's sales facility | 52621 |
| by not more than one mile and that are used by the dealer to | 52622 |
| perform repairs, warranty work, recall work, and maintenance on | 52623 |
| motor vehicles pursuant to a franchise agreement entered into with | 52624 |
| a manufacturer of motor vehicles. A remote service facility shall | 52625 |
| be deemed to be part of the franchise agreement and is subject to | 52626 |
| all the rights, duties, obligations, and requirements of Chapter | 52627 |
| 4517. of the Revised Code that relate to the performance of motor | 52628 |
| vehicle repairs, warranty work, recall work, and maintenance work | 52629 |
| by new motor vehicle dealers. | 52630 |
| Sec. 4519.01. As used in this chapter: | 52631 |
| (A) "Snowmobile" means any self-propelled vehicle designed | 52632 |
| primarily for use on snow or ice, and steered by skis, runners, or | 52633 |
| caterpillar treads. | 52634 |
| (B) "All-purpose vehicle" means any self-propelled vehicle | 52635 |
| designed primarily for cross-country travel on land and water, or | 52636 |
| on more than one type of terrain, and steered by wheels or | 52637 |
| caterpillar treads, or any combination thereof, including vehicles | 52638 |
| that operate on a cushion of air, vehicles commonly known as | 52639 |
| all-terrain vehicles, all-season vehicles, mini-bikes, and trail | 52640 |
|
bikes | 52641 |
| 52642 | |
| vehicle" does not include a utility vehicle as defined in section | 52643 |
| 4501.01 of the Revised Code or any vehicle principally used in | 52644 |
| playing golf, any motor vehicle or aircraft required to be | 52645 |
| registered under Chapter 4503. or 4561. of the Revised Code, and | 52646 |
| any vehicle excepted from definition as a motor vehicle by | 52647 |
| division (B) of section 4501.01 of the Revised Code. | 52648 |
| (C) "Owner" means any person or firm, other than a lienholder | 52649 |
| or dealer, having title to a snowmobile, off-highway motorcycle, | 52650 |
| or all-purpose vehicle, or other right to the possession thereof. | 52651 |
| (D) "Operator" means any person who operates or is in actual | 52652 |
| physical control of a snowmobile, off-highway motorcycle, or | 52653 |
| all-purpose vehicle. | 52654 |
| (E) "Dealer" means any person or firm engaged in the business | 52655 |
| of manufacturing or selling snowmobiles, off-highway motorcycles, | 52656 |
| or all-purpose vehicles at wholesale or retail, or who rents, | 52657 |
| leases, or otherwise furnishes snowmobiles, off-highway | 52658 |
| motorcycles, or all-purpose vehicles for hire. | 52659 |
| (F) "Street or highway" has the same meaning as in section | 52660 |
| 4511.01 of the Revised Code. | 52661 |
| (G) "Limited access highway" and "freeway" have the same | 52662 |
| meanings as in section 5511.02 of the Revised Code. | 52663 |
| (H) "Interstate highway" means any part of the interstate | 52664 |
| system of highways as defined in subsection (e), 90 Stat. 431 | 52665 |
| (1976), 23 U.S.C.A. 103, as amended. | 52666 |
| (I) "Off-highway motorcycle" means every motorcycle, as | 52667 |
| defined in section 4511.01 of the Revised Code, that is designed | 52668 |
| to be operated primarily on lands other than a street or highway. | 52669 |
| (J) "Electronic" and "electronic record" have the same | 52670 |
| meanings as in section 4501.01 of the Revised Code. | 52671 |
| (K) "Electronic dealer" means a dealer whom the registrar of | 52672 |
| motor vehicles designates under section 4519.511 of the Revised | 52673 |
| Code. | 52674 |
| Sec. 4519.02. (A) Except as provided in divisions (B), (C), | 52675 |
| and (D) of this section, no person shall operate any snowmobile, | 52676 |
| off-highway motorcycle, or all-purpose vehicle within this state | 52677 |
| unless the snowmobile, off-highway motorcycle, or all-purpose | 52678 |
| vehicle is registered and numbered in accordance with sections | 52679 |
| 4519.03 and 4519.04 of the Revised Code. | 52680 |
| (B) No registration is required for a snowmobile, off-highway | 52681 |
| motorcycle, or all-purpose vehicle that is operated exclusively | 52682 |
| upon lands owned by the owner of the snowmobile, off-highway | 52683 |
| motorcycle, or all-purpose vehicle, or on lands to which the owner | 52684 |
| has a contractual right. | 52685 |
| (C) | 52686 |
| 52687 | |
| 52688 | |
| 52689 | |
| 52690 | |
| 52691 | |
| all-purpose vehicle owned and used in this state by a person who | 52692 |
| is not a resident of | 52693 |
| 52694 | |
| Revised Code. | 52695 |
| (D) No registration is required for a snowmobile, off-highway | 52696 |
| motorcycle, or all-purpose vehicle owned and used in this state by | 52697 |
| the United States, another state, or a political subdivision | 52698 |
| thereof, but the snowmobile, off-highway motorcycle, or | 52699 |
| all-purpose vehicle shall display the name of the owner thereon. | 52700 |
| (E) The owner or operator of any all-purpose vehicle operated | 52701 |
| or used upon the waters in this state shall comply with Chapters | 52702 |
| 1547. and 1548. of the Revised Code relative to the operation of | 52703 |
| watercraft. | 52704 |
| (F) Except as otherwise provided in this division, whoever | 52705 |
| violates division (A) of this section shall be fined not more than | 52706 |
| twenty-five dollars. If the offender previously has been convicted | 52707 |
| of or pleaded guilty to a violation of division (A) of this | 52708 |
| section, whoever violates division (A) of this section shall be | 52709 |
| fined not less than twenty-five nor more than fifty dollars. | 52710 |
| Sec. 4519.09. Every owner or operator of a snowmobile, | 52711 |
| off-highway motorcycle, or all-purpose vehicle who is not a | 52712 |
| resident
of | 52713 |
| 52714 | |
| motorcycle, or all-purpose vehicle in Ohio, shall apply to the | 52715 |
| registrar of motor vehicles or a deputy registrar for a temporary | 52716 |
| operating permit. The temporary operating permit shall be issued | 52717 |
| for a period not to exceed fifteen days from the date of issuance, | 52718 |
| shall be in such form as the registrar determines, shall include | 52719 |
| the name and address of the owner and operator of the snowmobile, | 52720 |
| off-highway motorcycle, or all-purpose vehicle, and any other | 52721 |
| information as the registrar considers necessary, and shall be | 52722 |
| issued upon payment of a fee of five dollars. Every owner or | 52723 |
| operator receiving a temporary operating permit shall display it | 52724 |
| upon the reasonable request of any law enforcement officer or | 52725 |
| other person as authorized by sections 4519.42 and 4519.43 of the | 52726 |
| Revised Code. | 52727 |
| Sec. 4561.17. For the purpose of providing revenue for | 52728 |
| paying the expenses of administering sections 4561.17 to 4561.22 | 52729 |
| of the Revised Code relative to the registration of aircraft, for | 52730 |
| the surveying of and the establishment, checking, maintenance, and | 52731 |
| repair of aviation air marking and of air navigation facilities, | 52732 |
| for airport capital improvements, for the acquiring, maintaining, | 52733 |
| and repairing of equipment necessary therefor, and for the cost of | 52734 |
| the creation and distribution of Ohio aeronautical charts and Ohio | 52735 |
| airport and landing field directories, an annual license tax is | 52736 |
| hereby levied upon all aircraft based in this state for which an | 52737 |
| aircraft worthiness certificate issued by the federal aviation | 52738 |
| administration is in effect except the following: | 52739 |
| (A) Aircraft owned by the United States or any territory | 52740 |
| thereof; | 52741 |
| (B) Aircraft owned by any foreign government; | 52742 |
| (C) Aircraft owned by any state or any political subdivision | 52743 |
| thereof; | 52744 |
| (D) Aircraft operated under a certificate of convenience and | 52745 |
| necessity issued by the civil aeronautics board or any successor | 52746 |
| thereto; | 52747 |
| (E) Aircraft owned by any nonresident of this state whether | 52748 |
| such owner is an individual, partnership, or corporation, provided | 52749 |
| such owner has complied with all the laws in regard to the | 52750 |
| licensing of aircraft in the state of | 52751 |
| (F) Aircraft owned by aircraft manufacturers or aircraft | 52752 |
| engine manufacturers and operated only for purposes of testing, | 52753 |
| delivery, or demonstration; | 52754 |
| (G) Aircraft operated for hire over regularly scheduled | 52755 |
| routes within the state. | 52756 |
| Such license tax shall be at the rates specified in section | 52757 |
| 4561.18 of the Revised Code, and shall be paid to and collected by | 52758 |
| the director of transportation at the time of making application | 52759 |
| as provided in such section. | 52760 |
| Sec. 4561.18. Applications for the licensing and | 52761 |
| registration of aircraft shall be made and signed by the owner | 52762 |
| thereof upon forms prepared by the department of transportation | 52763 |
| and shall contain a description of the aircraft, including its | 52764 |
| federal registration number, and such other information as is | 52765 |
| required by the department. | 52766 |
| Applications shall be filed with the director of | 52767 |
| transportation during the month of January annually and shall be | 52768 |
| renewed according to the standard renewal procedure of sections | 52769 |
| 4745.01 to 4745.03 of the Revised Code. Application for | 52770 |
| registration of any aircraft not previously registered in this | 52771 |
| state, if such aircraft is acquired or becomes subject to such | 52772 |
| license tax subsequent to the last day of January in any year, | 52773 |
| shall be made for the balance of the year in which the same is | 52774 |
| acquired, within forty-eight hours after such acquisition or after | 52775 |
| becoming subject to such license tax. Each such application shall | 52776 |
| be accompanied by the proper license tax, which, for all aircraft | 52777 |
| other than gliders and balloons, shall be at the annual rate of | 52778 |
| 52779 | |
| manufacturer's maximum listed seating capacity. The license tax | 52780 |
| for gliders and balloons shall be | 52781 |
| Such taxes are in lieu of all other taxes on or with respect | 52782 |
| to ownership of such aircraft. | 52783 |
| Sec. 4561.21. (A) The director of transportation shall | 52784 |
| deposit all aircraft transfer fees in the state treasury to the | 52785 |
| credit of the general fund. | 52786 |
| (B) The director shall deposit all aircraft license taxes in | 52787 |
| the state treasury to the credit of the | 52788 |
| assistance fund, which is hereby created. Money in the fund shall | 52789 |
| be used | 52790 |
| capital improvements to publicly owned airports | 52791 |
| director shall distribute the money to | 52792 |
| recipients in accordance with such procedures, guidelines, and | 52793 |
| criteria as the director shall establish. | 52794 |
| Sec. 4703.15. (A) The state board of examiners of architects | 52795 |
| may by three concurring votes deny renewal of, revoke, or suspend | 52796 |
| any certificate of qualification to practice architecture, issued | 52797 |
| or renewed under sections 4703.10, 4703.13, and 4703.14 of the | 52798 |
| Revised Code, or any certificate of authorization, issued or | 52799 |
| renewed under sections 4703.13 and 4703.18 of the Revised Code, if | 52800 |
| proof satisfactory to the board is presented in any of the | 52801 |
| following cases: | 52802 |
| | 52803 |
| by fraud; | 52804 |
| | 52805 |
| guilty by the board or by a court of justice of any fraud or | 52806 |
|
deceit in | 52807 |
| convicted of a felony by a court of justice; | 52808 |
| | 52809 |
| of gross negligence, incompetency, or misconduct in the | 52810 |
|
performance of | 52811 |
| practice of architecture; | 52812 |
| | 52813 |
| guilty by the board of signing plans for the construction of a | 52814 |
|
building as a "registered architect" where | 52815 |
|
the actual
architect of such building and where | 52816 |
| without prior written consent of the architect originating the | 52817 |
| design or other documents used in the plans; | 52818 |
| | 52819 |
| guilty by the board of aiding and abetting another person or | 52820 |
| persons not properly registered as required by sections 4703.01 to | 52821 |
| 4703.19 of the Revised Code, in the performance of activities that | 52822 |
| in any manner or extent constitute the practice of architecture. | 52823 |
| At any time after the expiration of six months from the date | 52824 |
| of the revocation or suspension of a certificate, the individual, | 52825 |
| firm, partnership, association, or corporation may apply for | 52826 |
| reinstatement of the certificate. Upon showing that all loss | 52827 |
| caused by the individual, firm, partnership, association, or | 52828 |
| corporation whose certificate has been revoked or suspended has | 52829 |
| been fully satisfied and that all conditions imposed by the | 52830 |
| revocation or suspension decision have been complied with, and | 52831 |
| upon the payment of all costs incurred by the board as a result of | 52832 |
| the case at issue, the board, at its discretion and upon evidence | 52833 |
| that in its opinion would so warrant, may restore the certificate. | 52834 |
| (B) In addition to disciplinary action the board may take | 52835 |
| against a certificate holder under division (A) of this section or | 52836 |
| section 4703.151 of the Revised Code, the board may impose a fine | 52837 |
| against a certificate holder who obtained a certificate by fraud | 52838 |
| or who is found guilty of any act specified in divisions (A)(2) to | 52839 |
| (A)(5) of this section or who violates any rule governing the | 52840 |
| standards of service, conduct, and practice adopted pursuant to | 52841 |
| section 4703.02 of the Revised Code. The fine imposed shall be not | 52842 |
| more than one thousand dollars for each offense but shall not | 52843 |
| exceed five thousand dollars regardless of the number of offenses | 52844 |
| the certificate holder has committed between the time the fine is | 52845 |
| imposed and the time any previous fine was imposed. | 52846 |
| Sec. 4705.09. (A)(1) Any person admitted to the practice of | 52847 |
| law in this state by order of the supreme court in accordance with | 52848 |
| its prescribed and published rules, or any law firm or legal | 52849 |
| professional association, may establish and maintain an | 52850 |
| interest-bearing trust account, for purposes of depositing client | 52851 |
| funds held by the attorney, firm, or association that are nominal | 52852 |
| in amount or are to be held by the attorney, firm, or association | 52853 |
| for a short period of time, with any bank or savings and loan | 52854 |
| association that is authorized to do business in this state and is | 52855 |
| insured by the federal deposit insurance corporation or the | 52856 |
| successor to that corporation, or any credit union insured by the | 52857 |
| national credit union administration operating under the "Federal | 52858 |
| Credit Union Act," 84 Stat. 994 (1970), 12 U.S.C.A. 1751. Each | 52859 |
| account established under this division shall be in the name of | 52860 |
| the attorney, firm, or association that established and is | 52861 |
| maintaining it and shall be identified as an IOLTA or an interest | 52862 |
| on lawyer's trust account. The name of the account may contain | 52863 |
| additional identifying features to distinguish it from other trust | 52864 |
| accounts established and maintained by the attorney, firm, or | 52865 |
| association. | 52866 |
| (2) Each attorney who receives funds belonging to a client | 52867 |
| shall do one of the following: | 52868 |
| (a) Establish and maintain one or more interest-bearing trust | 52869 |
| accounts in accordance with division (A)(1) of this section or | 52870 |
| maintain one or more interest-bearing trust accounts previously | 52871 |
| established in accordance with that division, and deposit all | 52872 |
| client funds held that are nominal in amount or are to be held by | 52873 |
| the attorney for a short period of time in the account or | 52874 |
| accounts; | 52875 |
| (b) If the attorney is affiliated with a law firm or legal | 52876 |
| professional association, comply with division (A)(2)(a) of this | 52877 |
| section or deposit all client funds held that are nominal in | 52878 |
| amount or are to be held by the attorney for a short period of | 52879 |
| time in one or more interest-bearing trust accounts established | 52880 |
| and maintained by the firm or association in accordance with | 52881 |
| division (A)(1) of this section. | 52882 |
| (3) No funds belonging to any attorney, firm, or legal | 52883 |
| professional association shall be deposited in any | 52884 |
|
interest-bearing | 52885 |
| (A)(1) or (2) of this section, except that funds sufficient to pay | 52886 |
| or enable a waiver of depository institution service charges on | 52887 |
| the account shall be deposited in the account and other funds | 52888 |
| belonging to the attorney, firm, or association may be deposited | 52889 |
| as authorized by the Code of Professional Responsibility adopted | 52890 |
| by the supreme court. The determinations of whether funds held are | 52891 |
| nominal or more than nominal in amount and of whether funds are to | 52892 |
| be held for a short period or longer than a short period of time | 52893 |
| rests in the sound judgment of the particular attorney. No | 52894 |
| imputation of professional misconduct shall arise from the | 52895 |
| attorney's exercise of judgment in these matters. | 52896 |
| (B) All interest earned on funds deposited in an | 52897 |
| interest-bearing trust account established under division (A)(1) | 52898 |
| or (2) of this section shall be transmitted to the treasurer of | 52899 |
| state for deposit in the legal aid fund established under section | 52900 |
| 120.52 of the Revised Code. No part of the interest earned on | 52901 |
| funds deposited in an interest-bearing trust account established | 52902 |
| under division (A)(1) or (2) of this section shall be paid to, or | 52903 |
| inure to the benefit of, the attorney, the attorney's law firm or | 52904 |
| legal professional association, the client or other person who | 52905 |
| owns or has a beneficial ownership of the funds deposited, or any | 52906 |
| other person other than in accordance with this section, section | 52907 |
| 4705.10, and sections 120.51 to 120.55 of the Revised Code. | 52908 |
| (C) No liability arising out of any act or omission by any | 52909 |
| attorney, law firm, or legal professional association with respect | 52910 |
| to any interest-bearing trust account established under division | 52911 |
| (A)(1) or (2) of this section shall be imputed to the depository | 52912 |
| institution. | 52913 |
| (D) The supreme court may adopt and enforce rules of | 52914 |
| professional conduct that pertain to the use, by attorneys, law | 52915 |
| firms, or legal professional associations, of interest-bearing | 52916 |
| trust accounts established under division (A)(1) or (2) of this | 52917 |
| section, and that pertain to the enforcement of division (A)(2) of | 52918 |
| this section. Any rules adopted by the supreme court under this | 52919 |
| authority shall conform to the provisions of this section, section | 52920 |
| 4705.10, and sections 120.51 to 120.55 of the Revised Code. | 52921 |
| Sec. 4709.05. In addition to any other duty imposed on the | 52922 |
| barber board under this chapter, the board shall do all of the | 52923 |
| following: | 52924 |
| (A) Organize by electing a chairperson from its members to | 52925 |
| serve a one-year term; | 52926 |
| (B) Hold regular meetings, at the times and places as it | 52927 |
| determines for the purpose of conducting the examinations required | 52928 |
| under this chapter, and hold additional meetings for the | 52929 |
| transaction of necessary business; | 52930 |
| (C) Provide for suitable quarters, in the city of Columbus, | 52931 |
| for the conduct of its business and the maintenance of its | 52932 |
| records; | 52933 |
| (D) Adopt a common seal for the authentication of its orders, | 52934 |
| communications, and records; | 52935 |
| (E) Maintain a record of its proceedings and a register of | 52936 |
| persons licensed as barbers. The register shall include each | 52937 |
| licensee's name, place of business, residence, and licensure date | 52938 |
| and number, and a record of all licenses issued, refused, renewed, | 52939 |
| suspended, or revoked. The records are open to public inspection | 52940 |
| at all reasonable times. | 52941 |
| (F) Annually, on or before the first day of January, make a | 52942 |
| report to the governor of all its official acts during the | 52943 |
| preceding year, its receipts and disbursements, recommendations it | 52944 |
| determines appropriate, and an evaluation of board activities | 52945 |
| intended to aid or protect consumers of barber services; | 52946 |
| (G) Employ an executive director who shall do all things | 52947 |
| requested by the board for the administration and enforcement of | 52948 |
| this chapter. The executive director shall employ inspectors, | 52949 |
|
clerks, and other assistants as | 52950 |
| determines necessary. | 52951 |
| (H) Ensure that the practice of barbering is conducted only | 52952 |
| in a licensed barber shop, except when the practice of barbering | 52953 |
| is performed on a person whose physical or mental disability | 52954 |
| prevents that person from going to a licensed barber shop; | 52955 |
| (I) Conduct or have conducted the examination for applicants | 52956 |
| to practice as licensed barbers at least four times per year at | 52957 |
| the times and places the board determines; | 52958 |
| (J) Adopt rules, in accordance with Chapter 119. of the | 52959 |
| Revised Code, to administer and enforce this chapter and which | 52960 |
| cover all of the following: | 52961 |
| (1) Sanitary standards for the operation of barber shops and | 52962 |
| barber schools that conform to guidelines established by the | 52963 |
| department of health; | 52964 |
| (2) The content of the examination required of an applicant | 52965 |
| for a barber license. The examination shall include a practical | 52966 |
| demonstration and a written test, shall relate only to the | 52967 |
| practice of barbering, and shall require the applicant to | 52968 |
| demonstrate that the applicant has a thorough knowledge of and | 52969 |
| competence in the proper techniques in the safe use of chemicals | 52970 |
| used in the practice of barbering. | 52971 |
| (3) Continuing education requirements for persons licensed | 52972 |
| pursuant to this chapter. The board may impose continuing | 52973 |
| education requirements upon a licensee for a violation of this | 52974 |
| chapter or the rules adopted pursuant thereto or if the board | 52975 |
| determines that the requirements are necessary to preserve the | 52976 |
| health, safety, or welfare of the public. | 52977 |
| (4) Requirements for the licensure of barber schools, barber | 52978 |
| teachers, and assistant barber teachers; | 52979 |
| (5) Requirements for students of barber schools; | 52980 |
| (6) Any other area the board determines appropriate to | 52981 |
| administer or enforce this chapter. | 52982 |
| (K) Annually review the rules adopted pursuant to division | 52983 |
| (J) of this section in order to compare those rules with the rules | 52984 |
| adopted by the state board of cosmetology pursuant to section | 52985 |
| 4713.08 of the Revised Code. If the barber board determines that | 52986 |
| the rules adopted by the state board of cosmetology, including, | 52987 |
| but not limited to, rules concerning using career technical | 52988 |
| schools, would be beneficial to the barbering profession, the | 52989 |
| barber board shall adopt rules similar to those it determines | 52990 |
| would be beneficial for barbers. | 52991 |
| (L) Prior to adopting any rule under this chapter, indicate | 52992 |
| at a formal hearing the reasons why the rule is necessary as a | 52993 |
| protection of the persons who use barber services or as an | 52994 |
| improvement of the professional standing of barbers in this state; | 52995 |
| | 52996 |
| barber school with a copy of all sanitary rules adopted pursuant | 52997 |
| to division (J) of this section; | 52998 |
| | 52999 |
| and establishments licensed or unlicensed pursuant to this chapter | 53000 |
| and for that purpose, any member of the board or any of its | 53001 |
| authorized agents may enter and inspect any place of business of a | 53002 |
| licensee or a person suspected of violating this chapter or the | 53003 |
| rules adopted pursuant thereto, during normal business hours; | 53004 |
| | 53005 |
| payment of the appropriate fee, provide to the applicant licensure | 53006 |
| information concerning the applicant; | 53007 |
| | 53008 |
| and enforcement of this chapter. | 53009 |
| Sec. 4713.02. (A) There is hereby created the state board of | 53010 |
| cosmetology, consisting of all of the following members appointed | 53011 |
| by the governor, with the advice and consent of the senate: | 53012 |
| (1) One person holding a current, valid cosmetologist, | 53013 |
| managing cosmetologist, or cosmetology instructor license at the | 53014 |
| time of appointment; | 53015 |
| (2) Two persons holding current, valid managing cosmetologist | 53016 |
| licenses and actively engaged in managing beauty salons at the | 53017 |
| time of appointment; | 53018 |
| (3) One person who holds a current, valid independent | 53019 |
| contractor license at the time of appointment or the owner or | 53020 |
| manager of a licensed salon in which at least one person holding a | 53021 |
| current, valid independent contractor license practices a branch | 53022 |
| of cosmetology; | 53023 |
| (4) One person who represents individuals who teach the | 53024 |
| theory and practice of a branch of cosmetology at a vocational | 53025 |
| school; | 53026 |
| (5) One owner of a licensed school of cosmetology; | 53027 |
| (6) One owner of at least five licensed salons; | 53028 |
| (7) One person who is either a certified nurse practitioner | 53029 |
| or clinical nurse specialist holding a certificate of authority | 53030 |
| issued under Chapter 4723. of the Revised Code, or a physician | 53031 |
| authorized under Chapter 4731. of the Revised Code to practice | 53032 |
| medicine and surgery or osteopathic medicine and surgery; | 53033 |
| (8) One person representing the general public. | 53034 |
| (B) The superintendent of public instruction shall nominate | 53035 |
| three persons for the governor to choose from when making an | 53036 |
| appointment under division (A)(4) of this section. | 53037 |
| (C) All members shall be at least twenty-five years of age, | 53038 |
| residents of the state, and citizens of the United States. No more | 53039 |
| than two members, at any time, shall be graduates of the same | 53040 |
| school of cosmetology. | 53041 |
| Except for the initial members appointed under divisions | 53042 |
| (A)(3) and (4) of this section, terms of office are for five | 53043 |
| years. The term of the initial member appointed under division | 53044 |
| (A)(3) of this section shall be three years. The term of the | 53045 |
| initial member appointed under division (A)(4) of this section | 53046 |
| shall be four years. Terms shall commence on the first day of | 53047 |
| November and end on the thirty-first day of October. Each member | 53048 |
| shall hold office from the date of appointment until the end of | 53049 |
| the term for which appointed. In case of a vacancy occurring on | 53050 |
| the board, the governor shall, in the same manner prescribed for | 53051 |
| the regular appointment to the board, fill the vacancy by | 53052 |
| appointing a member. Any member appointed to fill a vacancy | 53053 |
| occurring prior to the expiration of the term for which the | 53054 |
| member's predecessor was appointed shall hold office for the | 53055 |
| remainder of such term. Any member shall continue in office | 53056 |
| subsequent to the expiration date of the member's term until the | 53057 |
| member's successor takes office, or until a period of sixty days | 53058 |
| has elapsed, whichever occurs first. Before entering upon the | 53059 |
| discharge of the duties of the office of member, each member shall | 53060 |
| take, and file with the secretary of state, the oath of office | 53061 |
| required by Section 7 of Article XV, Ohio Constitution. | 53062 |
| The members of the board shall receive an amount fixed | 53063 |
| pursuant to Chapter 124. of the Revised Code per diem for every | 53064 |
| meeting of the board which they attend, together with their | 53065 |
| necessary expenses, and mileage for each mile necessarily | 53066 |
| traveled. | 53067 |
| The members of the board shall annually elect, from among | 53068 |
| their number, a chairperson. | 53069 |
| The board shall prescribe the duties of its officers and | 53070 |
|
establish an office | 53071 |
| board shall keep all records and files at the office and have the | 53072 |
| records and files at all reasonable hours open to public | 53073 |
| inspection. The board also shall adopt a seal. | 53074 |
| Sec. 4717.05. (A) Any person who desires to be licensed as | 53075 |
| an embalmer shall apply to the board of embalmers and funeral | 53076 |
| directors on a form provided by the board. The applicant shall | 53077 |
| include with the application an initial license fee as set forth | 53078 |
| in section 4717.07 of the Revised Code and evidence, verified by | 53079 |
| oath and satisfactory to the board, that the applicant meets all | 53080 |
| of the following requirements: | 53081 |
| (1) The applicant is at least eighteen years of age and of | 53082 |
| good moral character. | 53083 |
| (2) If the applicant has pleaded guilty to, has been found by | 53084 |
| a judge or jury to be guilty of, or has had a judicial finding of | 53085 |
| eligibility for treatment in lieu of conviction entered against | 53086 |
| the applicant in this state for aggravated murder, murder, | 53087 |
| voluntary manslaughter, felonious assault, kidnapping, rape, | 53088 |
| sexual battery, gross sexual imposition, aggravated arson, | 53089 |
| aggravated robbery, or aggravated burglary, or has pleaded guilty | 53090 |
| to, has been found by a judge or jury to be guilty of, or has had | 53091 |
| a judicial finding of eligibility for treatment in lieu of | 53092 |
| conviction entered against the applicant in another jurisdiction | 53093 |
| for a substantially equivalent offense, at least five years has | 53094 |
| elapsed since the applicant was released from incarceration, a | 53095 |
| community control sanction, a post-release control sanction, | 53096 |
| parole, or treatment in connection with the offense. | 53097 |
| (3) The applicant holds at least a bachelor's degree from a | 53098 |
| college or university authorized to confer degrees by the Ohio | 53099 |
| board of regents or the comparable legal agency of another state | 53100 |
| in which the college or university is located and submits an | 53101 |
| official transcript from that college or university with the | 53102 |
| application. | 53103 |
| (4) The applicant has satisfactorily completed at least | 53104 |
| twelve months of instruction in a prescribed course in mortuary | 53105 |
| science as approved by the board and has presented to the board a | 53106 |
| certificate showing successful completion of the course. The | 53107 |
| course of mortuary science college training may be completed | 53108 |
| either before or after the completion of the educational standard | 53109 |
| set forth in division (A)(3) of this section. | 53110 |
| (5) The applicant has registered with the board prior to | 53111 |
| beginning an embalmer apprenticeship. | 53112 |
| (6) The applicant has satisfactorily completed at least one | 53113 |
| year of apprenticeship under an embalmer licensed in this state | 53114 |
| and has assisted that person in embalming at least twenty-five | 53115 |
| dead human bodies. | 53116 |
| (7) The applicant, upon meeting the educational standards | 53117 |
| provided for in divisions (A)(3) and (4) of this section and | 53118 |
| completing the apprenticeship required in division (A)(6) of this | 53119 |
| section, has completed the examination for an embalmer's license | 53120 |
| required by the board. | 53121 |
| (B) Upon receiving satisfactory evidence verified by oath | 53122 |
| that the applicant meets all the requirements of division (A) of | 53123 |
| this section, the board shall issue the applicant an embalmer's | 53124 |
| license. | 53125 |
| (C) Any person who desires to be licensed as a funeral | 53126 |
| director shall apply to the board on a form provided by the board. | 53127 |
| The application shall include an initial license fee as set forth | 53128 |
| in section 4717.07 of the Revised Code and evidence, verified by | 53129 |
| oath and satisfactory to the board, that the applicant meets all | 53130 |
| of the following requirements: | 53131 |
| (1) Except as otherwise provided in division (D) of this | 53132 |
| section, the applicant has satisfactorily met all the requirements | 53133 |
| for an embalmer's license as described in divisions (A)(1) to (4) | 53134 |
| of this section. | 53135 |
| (2) The applicant has registered with the board prior to | 53136 |
| beginning a funeral director apprenticeship. | 53137 |
| (3) The applicant, following mortuary science college | 53138 |
|
training
described in division (A)(4) of this section, has | 53139 |
| satisfactorily completed a one-year apprenticeship under a | 53140 |
| licensed funeral director in this state and has assisted that | 53141 |
| person in directing at least twenty-five funerals. | 53142 |
| (4) The applicant has satisfactorily completed the | 53143 |
| examination for a funeral director's license as required by the | 53144 |
| board. | 53145 |
| (D) In lieu of mortuary science college training required for | 53146 |
| a funeral director's license under division (C)(1) of this | 53147 |
| section, the applicant may substitute a satisfactorily completed | 53148 |
| two-year apprenticeship under a licensed funeral director in this | 53149 |
| state assisting that person in directing at least fifty funerals. | 53150 |
| (E) Upon receiving satisfactory evidence that the applicant | 53151 |
| meets all the requirements of division (C) of this section, the | 53152 |
| board shall issue to the applicant a funeral director's license. | 53153 |
| (F) As used in this section: | 53154 |
| (1) "Community control sanction" has the same meaning as in | 53155 |
| section 2929.01 of the Revised Code. | 53156 |
| (2) "Post-release control sanction" has the same meaning as | 53157 |
| in section 2967.01 of the Revised Code. | 53158 |
| Sec. 4723.32. This chapter does not prohibit any of the | 53159 |
| following: | 53160 |
| (A) The practice of nursing by a student currently enrolled | 53161 |
| in and actively pursuing completion of a prelicensure nursing | 53162 |
| education program approved by the board of nursing, if the | 53163 |
| student's practice is under the auspices of the program and the | 53164 |
| student acts under the supervision of a registered nurse serving | 53165 |
| for the program as a faculty member, teaching assistant, or | 53166 |
| preceptor; | 53167 |
| (B) The rendering of medical assistance to a licensed | 53168 |
| physician, licensed dentist, or licensed podiatrist by a person | 53169 |
| under the direction, supervision, and control of such licensed | 53170 |
| physician, dentist, or podiatrist; | 53171 |
| (C) The activities of persons employed as nursing aides, | 53172 |
| attendants, orderlies, or other auxiliary workers in patient | 53173 |
| homes, nurseries, nursing homes, hospitals, home health agencies, | 53174 |
| or other similar institutions; | 53175 |
| (D) The provision of nursing services to family members or in | 53176 |
| emergency situations; | 53177 |
| (E) The care of the sick when done in connection with the | 53178 |
| practice of religious tenets of any church and by or for its | 53179 |
| members; | 53180 |
| (F) The practice of nursing as a certified registered nurse | 53181 |
| anesthetist, clinical nurse specialist, certified nurse-midwife, | 53182 |
| or certified nurse practitioner by a student currently enrolled in | 53183 |
| and actively pursuing completion of a program of study leading to | 53184 |
| initial authorization by the board to practice nursing in the | 53185 |
| specialty, if both of the following are the case: | 53186 |
| (1) The program qualifies the student to sit for the | 53187 |
| examination of a national certifying organization listed in | 53188 |
| division (A)(3) of section 4723.41 of the Revised Code or approved | 53189 |
| by the board under section 4723.46 of the Revised Code or the | 53190 |
| program prepares the student to receive a master's degree in | 53191 |
| accordance with division (A)(2) of section 4723.41 of the Revised | 53192 |
| Code; | 53193 |
| (2) The student's practice is under the auspices of the | 53194 |
| program and the student acts under the supervision of a registered | 53195 |
| nurse serving for the program as a faculty member, teaching | 53196 |
| assistant, or preceptor. | 53197 |
| (G) The activities of an individual who currently holds a | 53198 |
| license to practice nursing in another jurisdiction, if the | 53199 |
| individual's license has not been revoked, the individual is not | 53200 |
| currently under suspension or on probation, the individual does | 53201 |
| not represent the individual as being licensed under this chapter, | 53202 |
| and one of the following is the case: | 53203 |
| (1) The individual is engaging in the practice of nursing by | 53204 |
| discharging official duties while employed by or under contract | 53205 |
| with the United States government or any agency thereof; | 53206 |
| (2) The individual is engaging in the practice of nursing as | 53207 |
| an employee of an individual, agency, or corporation located in | 53208 |
| the other jurisdiction in a position with employment | 53209 |
| responsibilities that include transporting patients into, out of, | 53210 |
| or through this state, as long as each trip in this state does not | 53211 |
| exceed seventy-two hours; | 53212 |
| (3) The individual is consulting with an individual licensed | 53213 |
| in this state to practice any health-related profession; | 53214 |
| (4) The individual is engaging in activities associated with | 53215 |
| teaching in this state as a guest lecturer at or for a nursing | 53216 |
| education program, continuing nursing education program, or | 53217 |
| in-service presentation; | 53218 |
| (5) The individual is conducting evaluations of nursing care | 53219 |
| that are undertaken on behalf of an accrediting organization, | 53220 |
| including the national league for nursing accrediting committee, | 53221 |
| the joint commission on accreditation of healthcare organizations, | 53222 |
| or any other nationally recognized accrediting organization; | 53223 |
| (6) The individual is providing nursing care to an individual | 53224 |
| who is in this state on a temporary basis, not to exceed six | 53225 |
| months in any one calendar year, if the nurse is directly employed | 53226 |
| by or under contract with the individual or a guardian or other | 53227 |
| person acting on the individual's behalf; | 53228 |
| (7) The individual is providing nursing care during any | 53229 |
| disaster, natural or otherwise, that has been officially declared | 53230 |
| to be a disaster by a public announcement issued by an appropriate | 53231 |
| federal, state, county, or municipal official. | 53232 |
| (H) The administration of medication by an individual who | 53233 |
| holds a valid medication aide certificate issued under this | 53234 |
| chapter, if the medication is administered to a resident of a | 53235 |
| nursing home or residential care facility authorized by section | 53236 |
| 4723.63 or 4723.64 of the Revised Code to use a certified | 53237 |
| medication aide and the medication is administered in accordance | 53238 |
| with section 4723.67 of the Revised Code. | 53239 |
| Sec. 4723.33. A registered nurse, licensed practical nurse, | 53240 |
| 53241 | |
| aide who in good faith makes a report under this chapter or any | 53242 |
| other provision of the Revised Code regarding a violation of this | 53243 |
| chapter or any other provision of the Revised Code, or | 53244 |
| participates in any investigation, administrative proceeding, or | 53245 |
| judicial proceeding resulting from the report, has the full | 53246 |
| protection against retaliatory action provided by sections 4113.51 | 53247 |
| to 4113.53 of the Revised Code. | 53248 |
| Sec. 4723.34. (A) Reports to the board of nursing shall be | 53249 |
| made as follows: | 53250 |
| (1) Every employer of registered nurses, licensed practical | 53251 |
| nurses, or dialysis technicians shall report to the board of | 53252 |
| nursing the name of any current or former employee who holds a | 53253 |
| nursing license or dialysis technician certificate issued under | 53254 |
| this chapter who has engaged in conduct that would be grounds for | 53255 |
| disciplinary action by the board under section 4723.28 of the | 53256 |
|
Revised
Code. | 53257 |
| Every employer of certified community health workers shall | 53258 |
| report to the board the name of any current or former employee who | 53259 |
| holds a community health worker certificate issued under this | 53260 |
| chapter who has engaged in conduct that would be grounds for | 53261 |
| disciplinary action by the board under section 4723.86 of the | 53262 |
| Revised Code. | 53263 |
| Every employer of medication aides shall report to the board | 53264 |
| the name of any current or former employee who holds a medication | 53265 |
| aide certificate issued under this chapter who has engaged in | 53266 |
| conduct that would be grounds for disciplinary action by the board | 53267 |
| under section 4723.652 of the Revised Code. | 53268 |
| (2) Nursing associations shall report to the board the name | 53269 |
| of any registered nurse or licensed practical nurse and dialysis | 53270 |
| technician associations shall report to the board the name of any | 53271 |
| dialysis technician who has been investigated and found to | 53272 |
| constitute a danger to the public health, safety, and welfare | 53273 |
| because of conduct that would be grounds for disciplinary action | 53274 |
| by the board under section 4723.28 of the Revised Code, except | 53275 |
| that an association is not required to report the individual's | 53276 |
| name if the individual is maintaining satisfactory participation | 53277 |
| in a peer support program approved by the board under rules | 53278 |
|
adopted under section 4723.07
of the Revised Code. | 53279 |
| Community health worker associations shall report to the | 53280 |
| board the name of any certified community health worker who has | 53281 |
| been investigated and found to constitute a danger to the public | 53282 |
| health, safety, and welfare because of conduct that would be | 53283 |
| grounds for disciplinary action by the board under section 4723.86 | 53284 |
| of the Revised Code, except that an association is not required to | 53285 |
| report the individual's name if the individual is maintaining | 53286 |
| satisfactory participation in a peer support program approved by | 53287 |
| the board under rules adopted under section 4723.07 of the Revised | 53288 |
| Code. | 53289 |
| Medication aide associations shall report to the board the | 53290 |
| name of any medication aide who has been investigated and found to | 53291 |
| constitute a danger to the public health, safety, and welfare | 53292 |
| because of conduct that would be grounds for disciplinary action | 53293 |
| by the board under section 4723.652 of the Revised Code, except | 53294 |
| that an association is not required to report the individual's | 53295 |
| name if the individual is maintaining satisfactory participation | 53296 |
| in a peer support program approved by the board under rules | 53297 |
| adopted under section 4723.69 of the Revised Code. | 53298 |
| (3) If the prosecutor in a case described in divisions (B)(3) | 53299 |
| to (5) of section 4723.28 of the Revised Code, or in a case where | 53300 |
| the trial court issued an order of dismissal upon technical or | 53301 |
| procedural grounds of a charge of a misdemeanor committed in the | 53302 |
| course of practice, a felony charge, or a charge of gross | 53303 |
| immorality or moral turpitude, knows or has reason to believe that | 53304 |
| the person charged is licensed under this chapter to practice | 53305 |
| nursing as a registered nurse or as a licensed practical nurse or | 53306 |
| holds a certificate issued under this chapter to practice as a | 53307 |
| dialysis technician, the prosecutor shall notify the board of | 53308 |
| nursing. With regard to certified community health workers and | 53309 |
| medication aides, if the prosecutor in a case involving a charge | 53310 |
| of a misdemeanor committed in the course of employment, a felony | 53311 |
| charge, or a charge of gross immorality or moral turpitude, | 53312 |
| including a case dismissed on technical or procedural grounds, | 53313 |
| knows or has reason to believe that the person charged holds a | 53314 |
| community health worker or medication aide certificate issued | 53315 |
| under this chapter, the prosecutor shall notify the board. | 53316 |
| Each notification required by this division shall be made on | 53317 |
| forms prescribed and provided by the board. The report shall | 53318 |
| include the name and address of the license or certificate holder, | 53319 |
| the charge, and the certified court documents recording the | 53320 |
| action. | 53321 |
| (B) If any person fails to provide a report required by this | 53322 |
| section, the board may seek an order from a court of competent | 53323 |
| jurisdiction compelling submission of the report. | 53324 |
| Sec. 4723.341. (A) As used in this section, "person" has the | 53325 |
| same meaning as in section 1.59 of the Revised Code and also | 53326 |
| includes the board of nursing and its members and employees; | 53327 |
| health care facilities, associations, and societies; insurers; and | 53328 |
| individuals. | 53329 |
| (B) In the absence of fraud or bad faith, no person reporting | 53330 |
| to the board of nursing or testifying in an adjudication conducted | 53331 |
| under Chapter 119. of the Revised Code with regard to alleged | 53332 |
| incidents of negligence or malpractice or matters subject to this | 53333 |
| chapter or sections 3123.41 to 3123.50 of the Revised Code and any | 53334 |
| applicable rules adopted under section 3123.63
| 53335 |
| 53336 | |
| following based on making the report or testifying: | 53337 |
| (1) Liability in damages in a civil action for injury, death, | 53338 |
| or loss to person or property; | 53339 |
| (2) Discipline or dismissal by an employer. | 53340 |
| (C) An individual who is disciplined or dismissed in | 53341 |
| violation of division (B)(2) of this section has the same rights | 53342 |
| and duties accorded an employee under sections 4113.52 and 4113.53 | 53343 |
| of the Revised Code. | 53344 |
| (D) In the absence of fraud or bad faith, no professional | 53345 |
|
association of
registered nurses, licensed practical nurses, | 53346 |
| dialysis technicians, community health workers, or medication | 53347 |
| aides that sponsors a committee or program to provide peer | 53348 |
| assistance to individuals with substance abuse problems, no | 53349 |
| representative or agent of such a committee or program, and no | 53350 |
| member of the board of nursing shall be liable to any person for | 53351 |
| damages in a civil action by reason of actions taken to refer a | 53352 |
| nurse | 53353 |
| medication aide to a treatment provider or actions or omissions of | 53354 |
| the
provider in treating a
nurse | 53355 |
| community health worker, or medication aide. | 53356 |
| Sec. 4723.61. As used in this section and in sections | 53357 |
| 4723.62 to 4723.69 of the Revised Code: | 53358 |
| (A) "Medication" means a drug, as defined in section 4729.01 | 53359 |
| of the Revised Code. | 53360 |
| (B) "Medication error" means a failure to follow the | 53361 |
| prescriber's instructions when administering a prescription | 53362 |
| medication. | 53363 |
| (C) "Nursing home" and "residential care facility" have the | 53364 |
| same meanings as in section 3721.01 of the Revised Code. | 53365 |
| (D) "Prescription medication" means a medication that may be | 53366 |
| dispensed only pursuant to a prescription. | 53367 |
| (E) "Prescriber" and "prescription" have the same meanings as | 53368 |
| in section 4729.01 of the Revised Code. | 53369 |
| Sec. 4723.62. (A) There is hereby created the medication | 53370 |
| aide advisory council. The council shall consist of the following | 53371 |
| members: | 53372 |
| (1) A registered nurse working in long-term care, appointed | 53373 |
| by the governing body of the Ohio nurses association; | 53374 |
| (2) A licensed practical nurse working in long-term care, | 53375 |
| appointed by the governing body of the licensed practical nurse | 53376 |
| association of Ohio; | 53377 |
| (3) A registered nurse with experience in researching | 53378 |
| gerontology issues, appointed by the governing body of the Ohio | 53379 |
| nurses association; | 53380 |
| (4) An advanced practice nurse with experience in | 53381 |
| gerontology, appointed by the governing body of the Ohio | 53382 |
| association of advanced practice nurses; | 53383 |
| (5) A representative of the Ohio health care association, | 53384 |
| appointed by the governing body of the association; | 53385 |
| (6) A representative of the association of Ohio philanthropic | 53386 |
| homes, housing, and services for the aging, appointed by the | 53387 |
| governing body of the association; | 53388 |
| (7) A representative of the Ohio academy of nursing homes, | 53389 |
| appointed by the governing body of the academy; | 53390 |
| (8) A representative of the Ohio assisted living association, | 53391 |
| appointed by the governing body of the association; | 53392 |
| (9) A representative of the Ohio association of long-term | 53393 |
| care ombudsmen, appointed by the governing body of the | 53394 |
| association; | 53395 |
| (10) A representative of the American association of retired | 53396 |
| persons, appointed by the governing body of the association; | 53397 |
| (11) A representative of facility residents and families of | 53398 |
| facility residents, appointed by the board of nursing; | 53399 |
| (12) A representative of the senior care pharmacy alliance, | 53400 |
| appointed by the governing body of the alliance; | 53401 |
| (13) A representative of nurse aides, as defined in section | 53402 |
| 3721.21 of the Revised Code, appointed by the director of health; | 53403 |
| (14) A representative of the department of health with | 53404 |
| expertise in competency evaluation programs, as defined in section | 53405 |
| 3721.21 of the Revised Code, appointed by the director of health; | 53406 |
| (15) A representative of the office of the state long-term | 53407 |
| care ombudsperson program, appointed by the state long-term care | 53408 |
| ombudsperson; | 53409 |
| (16) A representative of the department of job and family | 53410 |
| services, appointed by the director of job and family services. | 53411 |
| (B) Members of the council shall serve at the pleasure of | 53412 |
| their appointing authorities. Vacancies shall be filled in the | 53413 |
| manner provided for original appointments. | 53414 |
| (C) Members shall receive no compensation for their service | 53415 |
| on the council, except to the extent that serving on the council | 53416 |
| is part of their regular duties of employment. | 53417 |
| (D) The board of nursing shall appoint one of its members or | 53418 |
| a representative of the board to serve as the council's | 53419 |
| chairperson. | 53420 |
| Sec. 4723.621. The medication aide advisory council created | 53421 |
| under section 4723.62 of the Revised Code shall make | 53422 |
| recommendations to the board of nursing with respect to all of the | 53423 |
| following: | 53424 |
| (A) The design and operation of the medication aide pilot | 53425 |
| program conducted under section 4723.63 of the Revised Code, | 53426 |
| including a method of collecting data through reports submitted by | 53427 |
| participating nursing homes and residential care facilities; | 53428 |
| (B) The content of the course of instruction required to | 53429 |
| obtain certification as a medication aide, including the | 53430 |
| examination to be used to evaluate the ability to administer | 53431 |
| prescription medications safely and the score that must be | 53432 |
| attained to pass the examination; | 53433 |
| (C) Whether medication aides may administer prescription | 53434 |
| medications through a gastrostomy or jejunostomy tube and the | 53435 |
| amount and type of training a medication aide needs to be | 53436 |
| adequately prepared to administer prescription medications through | 53437 |
| a gastrostomy or jejunostomy tube; | 53438 |
| (D) Protection of the health and welfare of the residents of | 53439 |
| nursing homes and residential care facilities participating in the | 53440 |
| pilot program and using medication aides pursuant to section | 53441 |
| 4723.64 of the Revised Code on or after July 1, 2007; | 53442 |
| (E) The board's adoption of rules under section 4723.69 of | 53443 |
| the Revised Code; | 53444 |
| (F) Any other issue the council considers relevant to the use | 53445 |
| of medication aides in nursing homes and residential care | 53446 |
| facilities. | 53447 |
| Sec. 4723.63. (A) In consultation with the medication aide | 53448 |
| advisory council established under section 4723.62 of the Revised | 53449 |
| Code, the board of nursing shall conduct a pilot program for the | 53450 |
| use of medication aides in nursing homes and residential care | 53451 |
| facilities. The board shall conduct the pilot program in a manner | 53452 |
| consistent with human protection and other ethical concerns | 53453 |
| typically associated with research studies involving live | 53454 |
| subjects. The pilot program shall be commenced not later than May | 53455 |
| 1, 2006, and shall be conducted until July 1, 2007. | 53456 |
| During the period the pilot program is conducted, a nursing | 53457 |
| home or residential care facility participating in the pilot | 53458 |
| program may use one or more medication aides to administer | 53459 |
| prescription medications to its residents, subject to both of the | 53460 |
| following conditions: | 53461 |
| (1) Each individual used as a medication aide must hold a | 53462 |
| current, valid medication aide certificate issued by the board of | 53463 |
| nursing under this chapter. | 53464 |
| (2) The nursing home or residential care facility shall | 53465 |
| ensure that the requirements of section 4723.67 of the Revised | 53466 |
| Code are met. | 53467 |
| (B) The board, in consultation with the medication aide | 53468 |
| advisory council, shall do all of the following not later than | 53469 |
| February 1, 2006: | 53470 |
| (1) Design the pilot program; | 53471 |
| (2) Establish standards to govern medication aides and the | 53472 |
| nursing homes and residential care facilities participating in the | 53473 |
| pilot program, including standards for the training of medication | 53474 |
| aides and the staff of participating nursing homes and residential | 53475 |
| care facilities; | 53476 |
| (3) Establish standards to protect the health and safety of | 53477 |
| the residents of the nursing homes and residential care facilities | 53478 |
| participating in the program; | 53479 |
| (4) Implement a process for selecting the nursing homes and | 53480 |
| residential care facilities to participate in the program. | 53481 |
| (C)(1) A nursing home or residential care facility may | 53482 |
| volunteer to participate in the pilot program by submitting an | 53483 |
| application to the board on a form prescribed and provided by the | 53484 |
| board. From among the applicants, the board shall select eighty | 53485 |
| nursing homes and forty residential care facilities to participate | 53486 |
| in the pilot program. | 53487 |
| (2) To be eligible to participate, a nursing home or | 53488 |
| residential care facility shall agree to observe the standards | 53489 |
| established by the board for the use of medication aides. A | 53490 |
| nursing home is eligible to participate only if the department of | 53491 |
| health has found in the two most recent surveys or inspections of | 53492 |
| the home that the home is free from deficiencies related to the | 53493 |
| administration of medication. A residential care facility is | 53494 |
| eligible to participate only if the department has found that the | 53495 |
| facility is free from deficiencies related to the provision of | 53496 |
| skilled nursing care or the administration of medication. | 53497 |
| (D) As a condition of participation in the pilot program, a | 53498 |
| nursing home and residential care facility selected by the board | 53499 |
| shall pay the participation fee established in rules adopted under | 53500 |
| section 4723.69 of the Revised Code. The participation fee is not | 53501 |
| reimbursable under the medicaid program established under Chapter | 53502 |
| 5111. of the Revised Code. | 53503 |
| (E) On receipt of evidence found credible by the board that | 53504 |
| continued participation by a nursing home or residential care | 53505 |
| facility poses an imminent danger, risk of serious harm, or | 53506 |
| jeopardy to a resident of the home or facility, the board may | 53507 |
| terminate the authority of the home or facility to participate in | 53508 |
| the pilot program. | 53509 |
| (F)(1) With the assistance of the medication aide advisory | 53510 |
| council, the board shall conduct an evaluation of the pilot | 53511 |
| program. In conducting the evaluation, the board shall do all of | 53512 |
| the following: | 53513 |
| (a) Assess whether medication aides are able to administer | 53514 |
| prescription medications safely to nursing home and residential | 53515 |
| care facility residents; | 53516 |
| (b) Determine the financial implications of using medication | 53517 |
| aides in nursing homes and residential care facilities; | 53518 |
| (c) Consider any other issue the board or council considers | 53519 |
| relevant to the evaluation. | 53520 |
| (2) Not later than March 1, 2007, the board shall prepare a | 53521 |
| report of its findings and recommendations derived from the | 53522 |
| evaluation of the pilot program. The board shall submit the report | 53523 |
| to the governor, president and minority leader of the senate, | 53524 |
| speaker and minority leader of the house of representatives, and | 53525 |
| director of health. | 53526 |
| Sec. 4723.64. On and after July 1, 2007, any nursing home or | 53527 |
| residential care facility may use one or more medication aides to | 53528 |
| administer prescription medications to its residents, subject to | 53529 |
| both of the following conditions: | 53530 |
| (A) Each individual used as a medication aide must hold a | 53531 |
| current, valid medication aide certificate issued by the board of | 53532 |
| nursing under this chapter. | 53533 |
| (B) The nursing home or residential care facility shall | 53534 |
| ensure that the requirements of section 4723.67 of the Revised | 53535 |
| Code are met. | 53536 |
| Sec. 4723.65. (A) An individual seeking certification as a | 53537 |
| medication aide shall apply to the board of nursing on a form | 53538 |
| prescribed and provided by the board. If the application is | 53539 |
| submitted on or after July 1, 2007, the application shall be | 53540 |
| accompanied by the certification fee established in rules adopted | 53541 |
| under section 4723.69 of the Revised Code. | 53542 |
| (B)(1) Except as provided in division (B)(2) of this section, | 53543 |
| an applicant for a medication aide certificate shall submit a | 53544 |
| request to the bureau of criminal identification and investigation | 53545 |
| for a criminal records check. The request shall be on the form | 53546 |
| prescribed pursuant to division (C)(1) of section 109.572 of the | 53547 |
| Revised Code and shall be accompanied by a standard impression | 53548 |
| sheet to obtain fingerprints prescribed pursuant to division | 53549 |
| (C)(2) of that section. The request shall also be accompanied by | 53550 |
| the fee prescribed pursuant to division (C)(3) of section 109.572 | 53551 |
| of the Revised Code. On receipt of the completed form, the | 53552 |
| completed impression sheet, and the fee, the bureau shall conduct | 53553 |
| a criminal records check of the applicant. On completion of the | 53554 |
| criminal records check, the bureau shall send the results of the | 53555 |
| check to the board. An applicant requesting a criminal records | 53556 |
| check under this division shall ask the superintendent of the | 53557 |
| bureau of criminal identification and investigation to also | 53558 |
| request that the federal bureau of investigation provide the | 53559 |
| superintendent with any information it has with respect to the | 53560 |
| applicant. | 53561 |
| (2) If a criminal records check of an applicant was completed | 53562 |
| pursuant to section 3721.121 of the Revised Code not more than | 53563 |
| five years prior to the date the application is submitted, the | 53564 |
| applicant may include a certified copy of the criminal records | 53565 |
| check completed pursuant to that section and is not required to | 53566 |
| comply with division (B)(1) of this section. | 53567 |
| (3) A criminal records check provided to the board in | 53568 |
| accordance with division (B)(1) or (B)(2) of this section shall | 53569 |
| not be made available to any person or for any purpose other than | 53570 |
| the following: | 53571 |
| (a) The results may be made available to any person for use | 53572 |
| in determining whether the individual who is the subject of the | 53573 |
| check should be issued a medication aide certificate. | 53574 |
| (b) The results may be made available to the person who is | 53575 |
| the subject of the check or a representative of that person. | 53576 |
| Sec. 4723.651. (A) To be eligible to receive a medication | 53577 |
| aide certificate, an applicant shall meet all of the following | 53578 |
| conditions: | 53579 |
| (1) Be at least eighteen years of age; | 53580 |
| (2) Have a high school diploma or a high school equivalence | 53581 |
| diploma as defined in section 5107.40 of the Revised Code; | 53582 |
| (3) If the applicant is to practice as a medication aide in a | 53583 |
| nursing home, be a nurse aide who satisfies the requirements of | 53584 |
| division (A)(1), (2), (3), (4), (5), (6), or (8) of section | 53585 |
| 3721.32 of the Revised Code; | 53586 |
| (4) If the applicant is to practice as a medication aide in a | 53587 |
| residential care facility, be a nurse aide who satisfies the | 53588 |
| requirements of division (A)(1), (2), (3), (4), (5), (6), or (8) | 53589 |
| of section 3721.32 of the Revised Code or an individual who has at | 53590 |
| least one year of direct care experience in a residential care | 53591 |
| facility; | 53592 |
| (5) Successfully complete the course of instruction provided | 53593 |
| by a training program approved by the board under section 4723.66 | 53594 |
| of the Revised Code; | 53595 |
| (6) Have results on the criminal records check provided to | 53596 |
| the board under division (B)(1) or (2) of section 4723.65 of the | 53597 |
| Revised Code indicating that the applicant has not been convicted | 53598 |
| of, has not pleaded guilty to, and has not had a judicial finding | 53599 |
| of guilt for violating section 2903.01, 2903.02, 2903.03, 2903.11, | 53600 |
| 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 | 53601 |
| of the Revised Code or a substantially similar law of another | 53602 |
| state, the United States, or another country; | 53603 |
| (7) Meet all other requirements for a medication aide | 53604 |
| certificate established in rules adopted under section 4723.69 of | 53605 |
| the Revised Code. | 53606 |
| (B) If an applicant meets the requirement specified in | 53607 |
| division (A) of this section, the board shall issue a medication | 53608 |
| aide certificate to the applicant. If a medication aide | 53609 |
| certificate is issued to an individual on the basis of having at | 53610 |
| least one year of direct care experience working in a residential | 53611 |
| care facility, as provided in division (A)(4) of this section, the | 53612 |
| certificate is valid for use only in a residential care facility. | 53613 |
| The board shall state the limitation on the certificate issued to | 53614 |
| the individual. | 53615 |
| (C) A medication aide certificate is valid for two years, | 53616 |
| unless earlier suspended or revoked. The certificate may be | 53617 |
| renewed in accordance with procedures specified by the board in | 53618 |
| rules adopted under section 4723.69 of the Revised Code. To be | 53619 |
| eligible for renewal, an applicant shall pay the renewal fee | 53620 |
| established in the rules and meet all renewal qualifications | 53621 |
| specified in the rules. | 53622 |
| Sec. 4723.652. (A) The board of nursing, by vote of a | 53623 |
| quorum, may impose one or more of the following sanctions against | 53624 |
| any individual who applies for, or holds, a medication aide | 53625 |
| certificate: deny, revoke, suspend, or place restrictions on the | 53626 |
| certificate; reprimand or otherwise discipline the holder of a | 53627 |
| medication aide certificate; or impose a fine of not more than | 53628 |
| five hundred dollars per violation. The sanctions may be imposed | 53629 |
| for any of the reasons specified in division (B) of section | 53630 |
| 4723.28 of the Revised Code, to the extent that those reasons are | 53631 |
| applicable to medication aides as specified in rules adopted under | 53632 |
| section 4723.69 of the Revised Code. | 53633 |
| (B) Disciplinary actions taken by the board under this | 53634 |
| section shall be taken pursuant to an adjudication conducted under | 53635 |
| Chapter 119. of the Revised Code, except that in lieu of a | 53636 |
| hearing, the board may enter into a consent agreement with an | 53637 |
| individual to resolve an allegation of a violation of this chapter | 53638 |
| or any rule adopted under it. A consent agreement, when ratified | 53639 |
| by vote of a quorum, shall constitute the findings and order of | 53640 |
| the board with respect to the matter addressed in the agreement. | 53641 |
| If the board refuses to ratify a consent agreement, the admissions | 53642 |
| and findings contained in the agreement shall be of no effect. | 53643 |
| (C) In taking actions under this section, the board has the | 53644 |
| same powers and duties that it has when taking actions under | 53645 |
| section 4723.28 of the Revised Code. In addition, the board may | 53646 |
| issue an order to summarily suspend or automatically suspend a | 53647 |
| medication aide certificate in the same manner that the board is | 53648 |
| authorized to take those actions under section 4723.281 of the | 53649 |
| Revised Code. | 53650 |
| Sec. 4723.66. (A) A person or government entity seeking | 53651 |
| approval to provide a medication aide training program shall apply | 53652 |
| to the board of nursing on a form prescribed and provided by the | 53653 |
| board. If the application is submitted on or after July 1, 2007, | 53654 |
| the application shall be accompanied by the fee established in | 53655 |
| rules adopted under section 4723.69 of the Revised Code. | 53656 |
| (B) The board shall approve the applicant to provide a | 53657 |
| medication aide training program if the content of the course of | 53658 |
| instruction to be provided by the program meets the standards | 53659 |
| specified by the board in rules adopted under section 4723.69 of | 53660 |
| the Revised Code and includes all of the following: | 53661 |
| (1) At least seventy clock-hours of instruction, including | 53662 |
| both classroom instruction on medication administration and at | 53663 |
| least twenty clock-hours of supervised clinical practice in | 53664 |
| medication administration; | 53665 |
| (2) A mechanism for evaluating whether an individual's | 53666 |
| reading, writing, and mathematical skills are sufficient for the | 53667 |
| individual to be able to administer prescription medications | 53668 |
| safely; | 53669 |
| (3) An examination that tests the ability to administer | 53670 |
| prescription medications safely and that meets the requirements | 53671 |
| established by the board in rules adopted under section 4723.69 of | 53672 |
| the Revised Code. | 53673 |
| (C) The board may deny, suspend, or revoke the approval | 53674 |
| granted to the provider of a medication aide training program for | 53675 |
| reasons specified in rules adopted under section 4723.69 of the | 53676 |
| Revised Code. All actions taken by the board to deny, suspend, or | 53677 |
| revoke the approval of a training program shall be taken in | 53678 |
| accordance with Chapter 119. of the Revised Code. | 53679 |
| Sec. 4723.67. (A) Except for the prescription medications | 53680 |
| specified in division (C) of this section and the methods of | 53681 |
| medication administration specified in division (D) of this | 53682 |
| section, a medication aide who holds a current, valid medication | 53683 |
| aide certificate issued under this chapter may administer | 53684 |
| prescription medications to the residents of nursing homes and | 53685 |
| residential care facilities that use medication aides pursuant to | 53686 |
| section 4723.63 or 4723.64 of the Revised Code. A medication aide | 53687 |
| shall administer prescription medications only pursuant to the | 53688 |
| delegation of a registered nurse or a licensed practical nurse | 53689 |
| acting at the direction of a registered nurse. | 53690 |
| Delegation of medication administration to a medication aide | 53691 |
| shall be carried out in accordance with the rules for nursing | 53692 |
| delegation adopted under this chapter by the board of nursing. A | 53693 |
| nurse who has delegated to a medication aide responsibility for | 53694 |
| the administration of prescription medications to the residents of | 53695 |
| a nursing home or residential care facility shall not withdraw the | 53696 |
| delegation on an arbitrary basis or for any purpose other than | 53697 |
| patient safety. | 53698 |
| (B) In exercising the authority to administer prescription | 53699 |
| medications pursuant to nursing delegation, a medication aide may | 53700 |
| administer prescription medications in any of the following | 53701 |
| categories: | 53702 |
| (1) Oral medications; | 53703 |
| (2) Topical medications; | 53704 |
| (3) Medications administered as drops to the eye, ear, or | 53705 |
| nose; | 53706 |
| (4) Rectal and vaginal medications; | 53707 |
| (5) Medications prescribed with a designation authorizing or | 53708 |
| requiring administration on an as-needed basis, but only if a | 53709 |
| nursing assessment of the patient is completed before the | 53710 |
| medication is administered. | 53711 |
| (C) A medication aide shall not administer prescription | 53712 |
| medications in either of the following categories: | 53713 |
| (1) Medications containing a schedule II controlled | 53714 |
| substance, as defined in section 3719.01 of the Revised Code; | 53715 |
| (2) Medications requiring dosage calculations. | 53716 |
| (D) A medication aide shall not administer prescription | 53717 |
| medications by any of the following methods: | 53718 |
| (1) Injection; | 53719 |
| (2) Intravenous therapy procedures; | 53720 |
| (3) Splitting pills for purposes of changing the dose being | 53721 |
| given. | 53722 |
| (E) A nursing home or residential care facility that uses | 53723 |
| medication aides shall ensure that medication aides do not have | 53724 |
| access to any schedule II controlled substances within the home or | 53725 |
| facility for use by its residents. | 53726 |
| Sec. 4723.68. (A) A registered nurse, or licensed practical | 53727 |
| nurse acting at the direction of a registered nurse, who delegates | 53728 |
| medication administration to a medication aide who holds a | 53729 |
| current, valid medication aide certificate issued under this | 53730 |
| chapter is not liable in damages to any person or government | 53731 |
| entity in a civil action for injury, death, or loss to person or | 53732 |
| property that allegedly arises from an action or omission of the | 53733 |
| medication aide in performing the medication administration, if | 53734 |
| the delegating nurse delegates the medication administration in | 53735 |
| accordance with this chapter and the rules adopted under this | 53736 |
| chapter. | 53737 |
| (B) A person employed by a nursing home or residential care | 53738 |
| facility that uses medication aides pursuant to section 4723.63 or | 53739 |
| 4723.64 of the Revised Code who reports in good faith a medication | 53740 |
| error at the nursing home or residential care facility is not | 53741 |
| subject to disciplinary action by the board of nursing or any | 53742 |
| other government entity regulating that person's professional | 53743 |
| practice and is not liable in damages to any person or government | 53744 |
| entity in a civil action for injury, death, or loss to person or | 53745 |
| property that allegedly results from reporting the medication | 53746 |
| error. | 53747 |
| Sec. 4723.69. (A) In consultation with the medication aide | 53748 |
| advisory council created under section 4723.62 of the Revised | 53749 |
| Code, the board of nursing shall adopt rules to implement sections | 53750 |
| 4723.61 to 4723.68 of the Revised Code. Initial rules shall be | 53751 |
| adopted not later than February 1, 2006. All rules adopted under | 53752 |
| this section shall be adopted in accordance with Chapter 119. of | 53753 |
| the Revised Code. | 53754 |
| (B) The rules adopted under this section shall establish or | 53755 |
| specify all of the following: | 53756 |
| (1) Fees, in an amount sufficient to cover the costs the | 53757 |
| board incurs in implementing sections 4723.61 to 4723.68 of the | 53758 |
| Revised Code, for participation in the medication aide pilot | 53759 |
| program, certification as a medication aide, and approval of a | 53760 |
| medication aide training program; | 53761 |
| (2) Requirements to obtain a medication aide certificate that | 53762 |
| are not otherwise specified in section 4723.651 of the Revised | 53763 |
| Code; | 53764 |
| (3) Procedures for renewal of medication aide certificates; | 53765 |
| (4) The extent to which the board determines that the reasons | 53766 |
| for taking disciplinary actions under section 4723.28 of the | 53767 |
| Revised Code are applicable reasons for taking disciplinary | 53768 |
| actions under section 4723.652 of the Revised Code against an | 53769 |
| applicant for or holder of a medication aide certificate; | 53770 |
| (5) Standards for approval of peer support programs for the | 53771 |
| holders of medication aide certificates; | 53772 |
| (6) Standards for medication aide training programs, | 53773 |
| including the examination to be administered by the training | 53774 |
| program to test an individual's ability to administer prescription | 53775 |
| medications safely; | 53776 |
| (7) Reasons for denying, revoking, or suspending approval of | 53777 |
| a medication aide training program; | 53778 |
| (8) Other standards and procedures the board considers | 53779 |
| necessary to implement sections 4723.61 to 4723.68 of the Revised | 53780 |
| Code. | 53781 |
| | 53782 |
| section 3123.43 of the Revised Code, the board of nursing shall | 53783 |
| comply with sections 3123.41 to 3123.50 of the Revised Code and | 53784 |
| any applicable rules adopted under section 3123.63 of the Revised | 53785 |
| Code with respect to a nursing license, medication aide | 53786 |
| certificate, dialysis technician certificate, or community health | 53787 |
| worker certificate issued pursuant to this chapter. | 53788 |
| Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the | 53789 |
| Revised Code: | 53790 |
| (A)(1) "Clinical laboratory services" means either of the | 53791 |
| following: | 53792 |
| (a) Any examination of materials derived from the human body | 53793 |
| for the purpose of providing information for the diagnosis, | 53794 |
| prevention, or treatment of any disease or impairment or for the | 53795 |
| assessment of health; | 53796 |
| (b) Procedures to determine, measure, or otherwise describe | 53797 |
| the presence or absence of various substances or organisms in the | 53798 |
| body. | 53799 |
| (2) "Clinical laboratory services" does not include the mere | 53800 |
| collection or preparation of specimens. | 53801 |
| (B) "Designated health services" means any of the following: | 53802 |
| (1) Clinical laboratory services; | 53803 |
| (2) Home health care services; | 53804 |
| (3) Outpatient prescription drugs. | 53805 |
| (C) "Fair market value" means the value in arms-length | 53806 |
| transactions, consistent with general market value and: | 53807 |
| (1) With respect to rentals or leases, the value of rental | 53808 |
| property for general commercial purposes, not taking into account | 53809 |
| its intended use; | 53810 |
| (2) With respect to a lease of space, not adjusted to reflect | 53811 |
| the additional value the prospective lessee or lessor would | 53812 |
| attribute to the proximity or convenience to the lessor if the | 53813 |
| lessor is a potential source of referrals to the lessee. | 53814 |
| (D) "Governmental health care program" means any program | 53815 |
| providing health care benefits that is administered by the federal | 53816 |
| government, this state, or a political subdivision of this state, | 53817 |
| including the medicare program established under Title XVIII of | 53818 |
| the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, | 53819 |
| as amended, health care coverage for public employees, health care | 53820 |
| benefits administered by the bureau of workers' compensation, or | 53821 |
| the medical assistance program established under Chapter 5111. of | 53822 |
| the Revised Code | 53823 |
| 53824 |
| (E)(1) "Group practice" means a group of two or more holders | 53825 |
| of certificates under this chapter legally organized as a | 53826 |
| partnership, professional corporation or association, limited | 53827 |
| liability company, foundation, nonprofit corporation, faculty | 53828 |
| practice plan, or similar group practice entity, including an | 53829 |
| organization comprised of a nonprofit medical clinic that | 53830 |
| contracts with a professional corporation or association of | 53831 |
| physicians to provide medical services exclusively to patients of | 53832 |
| the clinic in order to comply with section 1701.03 of the Revised | 53833 |
| Code and including a corporation, limited liability company, | 53834 |
| partnership, or professional association described in division (B) | 53835 |
| of section 4731.226 of the Revised Code formed for the purpose of | 53836 |
| providing a combination of the professional services of | 53837 |
| optometrists who are licensed, certificated, or otherwise legally | 53838 |
| authorized to practice optometry under Chapter 4725. of the | 53839 |
| Revised Code, chiropractors who are licensed, certificated, or | 53840 |
| otherwise legally authorized to practice chiropractic under | 53841 |
| Chapter 4734. of the Revised Code, psychologists who are licensed, | 53842 |
| certificated, or otherwise legally authorized to practice | 53843 |
| psychology under Chapter 4732. of the Revised Code, registered or | 53844 |
| licensed practical nurses who are licensed, certificated, or | 53845 |
| otherwise legally authorized to practice nursing under Chapter | 53846 |
| 4723. of the Revised Code, pharmacists who are licensed, | 53847 |
| certificated, or otherwise legally authorized to practice pharmacy | 53848 |
| under Chapter 4729. of the Revised Code, physical therapists who | 53849 |
| are licensed, certificated, or otherwise legally authorized to | 53850 |
| practice physical therapy under sections 4755.40 to 4755.53 of the | 53851 |
| Revised Code, mechanotherapists who are licensed, certificated, or | 53852 |
| otherwise legally authorized to practice mechanotherapy under | 53853 |
| section 4731.151 of the Revised Code, and doctors of medicine and | 53854 |
| surgery, osteopathic medicine and surgery, or podiatric medicine | 53855 |
| and surgery who are licensed, certificated, or otherwise legally | 53856 |
| authorized for their respective practices under this chapter, to | 53857 |
| which all of the following apply: | 53858 |
| (a) Each physician who is a member of the group practice | 53859 |
| provides substantially the full range of services that the | 53860 |
| physician routinely provides, including medical care, | 53861 |
| consultation, diagnosis, or treatment, through the joint use of | 53862 |
| shared office space, facilities, equipment, and personnel. | 53863 |
| (b) Substantially all of the services of the members of the | 53864 |
| group are provided through the group and are billed in the name of | 53865 |
| the group and amounts so received are treated as receipts of the | 53866 |
| group. | 53867 |
| (c) The overhead expenses of and the income from the practice | 53868 |
| are distributed in accordance with methods previously determined | 53869 |
| by members of the group. | 53870 |
| (d) The group practice meets any other requirements that the | 53871 |
| state medical board applies in rules adopted under section 4731.70 | 53872 |
| of the Revised Code. | 53873 |
| (2) In the case of a faculty practice plan associated with a | 53874 |
| hospital with a medical residency training program in which | 53875 |
| physician members may provide a variety of specialty services and | 53876 |
| provide professional services both within and outside the group, | 53877 |
| as well as perform other tasks such as research, the criteria in | 53878 |
| division (E)(1) of this section apply only with respect to | 53879 |
| services rendered within the faculty practice plan. | 53880 |
| (F) "Home health care services" and "immediate family" have | 53881 |
| the same meanings as in the rules adopted under section 4731.70 of | 53882 |
| the Revised Code. | 53883 |
| (G) "Hospital" has the same meaning as in section 3727.01 of | 53884 |
| the Revised Code. | 53885 |
| (H) A "referral" includes both of the following: | 53886 |
| (1) A request by a holder of a certificate under this chapter | 53887 |
| for an item or service, including a request for a consultation | 53888 |
| with another physician and any test or procedure ordered by or to | 53889 |
| be performed by or under the supervision of the other physician; | 53890 |
| (2) A request for or establishment of a plan of care by a | 53891 |
| certificate holder that includes the provision of designated | 53892 |
| health services. | 53893 |
| (I) "Third-party payer" has the same meaning as in section | 53894 |
| 3901.38 of the Revised Code. | 53895 |
| Sec. 4731.71. The auditor of state may implement procedures | 53896 |
| to detect violations of section 4731.66 or 4731.69 of the Revised | 53897 |
| Code within governmental health care programs administered by the | 53898 |
| state. The auditor of state shall report any violation of either | 53899 |
| section to the state medical board and shall certify to the | 53900 |
| attorney general in accordance with section 131.02 of the Revised | 53901 |
| Code the amount of any refund owed to a state-administered | 53902 |
| governmental health care program under section 4731.69 of the | 53903 |
| Revised Code as a result of a violation. If a refund is owed to | 53904 |
| the medical assistance program established under Chapter 5111. of | 53905 |
|
the Revised Code | 53906 |
| 53907 | |
| of state also shall report the amount to the department of | 53908 |
| commerce. | 53909 |
| The state medical board also may implement procedures to | 53910 |
| detect violations of section 4731.66 or 4731.69 of the Revised | 53911 |
| Code. | 53912 |
| Sec. 4736.11. The state board of sanitarian registration | 53913 |
| shall issue a certificate of registration to any applicant whom it | 53914 |
| registers as a sanitarian or a sanitarian-in-training. Such | 53915 |
| certificate shall bear: | 53916 |
| (A) The name of the person; | 53917 |
| (B) The date of issue; | 53918 |
| (C) A serial number, designated by the board; | 53919 |
| (D) The seal of the board and signature of the | 53920 |
| chairperson of the board; | 53921 |
| (E) The designation "registered sanitarian" or | 53922 |
| "sanitarian-in-training." | 53923 |
| Certificates of registration shall expire annually on the | 53924 |
| date fixed by the board and become invalid on that date unless | 53925 |
| renewed pursuant to this section. All registered sanitarians shall | 53926 |
| be required annually to complete a continuing education program in | 53927 |
| subjects relating to practices of the profession as a sanitarian | 53928 |
| to the end that the utilization and application of new techniques, | 53929 |
| scientific advancements, and research findings will assure | 53930 |
| comprehensive service to the public. The board shall prescribe by | 53931 |
| rule a continuing education program for registered sanitarians to | 53932 |
| meet this requirement. The length of study for this program shall | 53933 |
| be determined by the board but shall be not less than six nor more | 53934 |
| than twenty-five hours during the calendar year. At least once | 53935 |
| annually the board shall | 53936 |
| sanitarian a list of courses approved by the board as satisfying | 53937 |
| the program prescribed by rule. Upon the request of a registered | 53938 |
| sanitarian, the secretary shall supply a list of | 53939 |
| applicable courses that the board has approved | 53940 |
| 53941 | |
| year at any time prior to the date of expiration upon payment of | 53942 |
| the renewal fee prescribed by section 4736.12 of the Revised Code | 53943 |
| and upon showing proof of having complied with the continuing | 53944 |
| education requirements of this section. The state board of | 53945 |
| sanitarian registration may waive the continuing education | 53946 |
| requirement in cases of certified illness or disability which | 53947 |
| prevents the attendance at any qualified educational seminars | 53948 |
| during the twelve months immediately preceding the annual | 53949 |
| certificate of registration renewal date. Certificates which | 53950 |
| expire may be reinstated under rules adopted by the board. | 53951 |
| Sec. 4736.12. (A) The state board of sanitarian registration | 53952 |
| shall charge the following fees: | 53953 |
| (1) To apply as a sanitarian-in-training,
| 53954 |
| dollars; | 53955 |
| (2) For sanitarians-in-training to apply for registration as | 53956 |
|
sanitarians,
| 53957 |
| this fee only once regardless of the number of times the applicant | 53958 |
| takes an examination required under section 4736.08 of the Revised | 53959 |
| Code. | 53960 |
| (3) For persons other than sanitarians-in-training to apply | 53961 |
| for registration as sanitarians, including persons meeting the | 53962 |
| requirements of section 4736.16 of the Revised Code, one hundred | 53963 |
| 53964 | |
| regardless of the number of times the applicant takes an | 53965 |
| examination required under section 4736.08 of the Revised Code. | 53966 |
| (4) The renewal fee for registered sanitarians shall be | 53967 |
| 53968 |
| (5) The renewal fee for sanitarians-in-training shall be | 53969 |
| 53970 |
| (6) For late application for renewal, | 53971 |
| twenty-seven dollars. | 53972 |
| The board of sanitarian registration, with the approval of | 53973 |
| the controlling board, may establish fees in excess of the amounts | 53974 |
| provided in this section, provided that such fees do not exceed | 53975 |
| the amounts permitted by this section by more than fifty per cent. | 53976 |
| (B) The board of sanitarian registration shall charge | 53977 |
| separate fees for examinations as required by section 4736.08 of | 53978 |
| the Revised Code, provided that the fees are not in excess of the | 53979 |
| actual cost to the board of conducting the examinations. | 53980 |
| (C) The board of sanitarian registration may adopt rules | 53981 |
| establishing fees for all of the following: | 53982 |
| (1) Application for the registration of a training agency | 53983 |
| approved under rules adopted by the board pursuant to section | 53984 |
| 4736.11 of the Revised Code and for the annual registration | 53985 |
| renewal of an approved training agency. | 53986 |
| (2) Application for the review of continuing education hours | 53987 |
| submitted for the board's approval by approved training agencies | 53988 |
| or by registered sanitarians or sanitarians-in-training. | 53989 |
| Sec. 4740.14. (A) There is hereby created within the | 53990 |
| department of commerce the residential construction advisory | 53991 |
|
committee consisting of
| 53992 |
| commerce appoints. Of the advisory committee's members, three | 53993 |
| shall be general contractors who have recognized ability and | 53994 |
| experience in the construction of residential buildings, two shall | 53995 |
| be building officials who have experience administering and | 53996 |
| enforcing a residential building code, one, chosen from a list of | 53997 |
| three names the Ohio fire chief's association submits, shall be | 53998 |
| from the fire service certified as a fire safety inspector who has | 53999 |
| at least ten years of experience enforcing fire or building codes, | 54000 |
| one shall be a residential contractor who has recognized ability | 54001 |
| and experience in the remodeling and construction of residential | 54002 |
| buildings, | 54003 |
| Chapter 4703. of the Revised Code, with recognized ability and | 54004 |
| experience in the architecture of residential buildings, and one, | 54005 |
| chosen from a list of three names the Ohio municipal league | 54006 |
| submits to the director, shall be a mayor of a municipal | 54007 |
| corporation in which the Ohio residential building code is being | 54008 |
| enforced in the municipal corporation by a certified building | 54009 |
| department. | 54010 |
| (B) The director shall make appointments to the advisory | 54011 |
|
committee within ninety days after
| 54012 |
| 54013 | |
| with each term ending on the date three years after the date of | 54014 |
| appointment. Each member shall hold office from the date of | 54015 |
| appointment until the end of the term for which the member was | 54016 |
| appointed. The director shall fill a vacancy in the manner | 54017 |
| provided for initial appointments. Any member appointed to fill a | 54018 |
| vacancy in an unexpired term shall hold office for the remainder | 54019 |
| of that term. | 54020 |
| (C) The advisory committee shall do all of the following: | 54021 |
| (1) Recommend to the board of building standards a building | 54022 |
| code for residential buildings. The committee shall recommend a | 54023 |
| code that it models on a residential building code a national | 54024 |
| model code organization issues, with adaptations necessary to | 54025 |
| implement the code in this state. If the board of building | 54026 |
| standards decides not to adopt a code the committee recommends, | 54027 |
| the committee shall revise the code and resubmit it until the | 54028 |
| board adopts a code the committee recommends as the state | 54029 |
| residential building code; | 54030 |
| (2) Advise the board regarding the establishment of standards | 54031 |
| for certification of building officials who enforce the state | 54032 |
| residential building code; | 54033 |
| (3) Assist the board in providing information and guidance to | 54034 |
| residential contractors and building officials who enforce the | 54035 |
| state residential building code; | 54036 |
| (4) Advise the board regarding the interpretation of the | 54037 |
| state residential building code; | 54038 |
| (5) Provide other assistance the committee considers | 54039 |
| necessary. | 54040 |
| (D) In making its recommendation to the board pursuant to | 54041 |
| division (C)(1) of this section, the advisory committee shall | 54042 |
| consider all of the following: | 54043 |
| (1) The impact that the state residential building code may | 54044 |
| have upon the health, safety, and welfare of the public; | 54045 |
| (2) The economic reasonableness of the residential building | 54046 |
| code; | 54047 |
| (3) The technical feasibility of the residential building | 54048 |
| code; | 54049 |
| (4) The financial impact that the residential building code | 54050 |
| may have on the public's ability to purchase affordable housing. | 54051 |
| (E) Members of the advisory committee shall receive no salary | 54052 |
| for the performance of their duties as members, but shall receive | 54053 |
| their actual and necessary expenses incurred in the performance of | 54054 |
| their duties as members of the advisory committee and shall | 54055 |
| receive a per diem for each day in attendance at an official | 54056 |
| meeting of the committee, to be paid from the industrial | 54057 |
| compliance operating fund in the state treasury, using fees | 54058 |
| collected in connection with residential buildings pursuant to | 54059 |
| division (F)(2) of section 3781.102 of the Revised Code and | 54060 |
| deposited in that fund. | 54061 |
| (F) The advisory committee is not subject to divisions (A) | 54062 |
| and (B) of section 101.84 of the Revised Code. | 54063 |
| Sec. 4753.03. There is hereby created the board of | 54064 |
| speech-language pathology and audiology consisting of eight | 54065 |
| residents of this state to be appointed by the governor with the | 54066 |
| advice and consent of the senate. Three members of the board shall | 54067 |
| be licensed speech-language pathologists, and three members shall | 54068 |
| be licensed audiologists, who have been licensed and engaged in | 54069 |
| the practice, teaching, administration, or research in the area of | 54070 |
| appointment for at least five years prior to the dates of their | 54071 |
| appointment. Beginning with the first appointment of an | 54072 |
| audiologist to the board after | 54073 |
| 54074 | |
| serving on the board must be an audiologist engaged in the | 54075 |
| practice of fitting and dispensing hearing aids. At all times, two | 54076 |
| members shall be representatives of the general public, and | 54077 |
| neither shall be a speech-language pathologist or audiologist or a | 54078 |
| person licensed under this chapter. At least one of the members | 54079 |
| representing the general public shall be at least sixty years of | 54080 |
| age. | 54081 |
| 54082 | |
| 54083 | |
| 54084 | |
| 54085 | |
| 54086 | |
| 54087 | |
| 54088 |
| Terms of office shall be for three years, each term | 54089 |
| commencing on the twenty-seventh day of September and ending on | 54090 |
| the twenty-sixth day of September. Each member shall hold office | 54091 |
|
from the date of | 54092 |
|
which | 54093 |
|
occurring prior to the expiration of the term for which | 54094 |
| member's predecessor was appointed shall hold office for the | 54095 |
| remainder of such term. Any member shall continue in office | 54096 |
| subsequent to the
expiration date of | 54097 |
| 54098 | |
| sixty days has elapsed, whichever occurs first. No person shall be | 54099 |
| appointed to serve consecutively more than two full terms. The | 54100 |
| executive council of the Ohio speech and hearing association may | 54101 |
| recommend, within forty-five days after any vacancy or expiration | 54102 |
| of a member's term occurs, no more than three persons to fill each | 54103 |
| position or vacancy on the board, and
the governor may make | 54104 |
| the appointment from the persons so recommended. If the council | 54105 |
| fails to make recommendations within the required time, the | 54106 |
| governor shall make the appointment without its recommendations. | 54107 |
| The terms of all speech-language pathology members shall not | 54108 |
| end in the same year; the terms of all audiology members shall not | 54109 |
| end in the same year. Upon the first appointment
following | 54110 |
| 54111 | |
| shall appoint speech-language pathology members and audiology | 54112 |
| members to one-, two-, or three-year terms to prevent the terms of | 54113 |
| all speech-language pathology members or all audiology members | 54114 |
| from ending in the same year. Thereafter, all terms shall be for | 54115 |
| three years. | 54116 |
| Sec. 4753.06. No person is eligible for licensure as a | 54117 |
| speech-language pathologist or audiologist unless: | 54118 |
| (A) | 54119 |
|
serve as a background for | 54120 |
| training and preparatory professional experience. Such background | 54121 |
| may include study from among the areas of human psychology, | 54122 |
| sociology, psychological and physical development, the physical | 54123 |
| sciences, especially those that pertain to acoustic and biological | 54124 |
| phenomena, and human anatomy and physiology, including | 54125 |
| neuroanatomy and neurophysiology. | 54126 |
| (B) | 54127 |
| pathologist, the person submits to the board of speech-language | 54128 |
| pathology and audiology an official transcript demonstrating that | 54129 |
| 54130 | |
| 54131 | |
| determined by
the board. | 54132 |
| include course work accumulated in the completion of a | 54133 |
| well-integrated course of study approved by the board and | 54134 |
| delineated by rule dealing with the normal aspects of human | 54135 |
| communication, development and disorders thereof, and clinical | 54136 |
| techniques for the evaluation and the improvement or eradication | 54137 |
| of such disorders. The course work must have been completed at | 54138 |
| colleges or universities accredited by regional or national | 54139 |
| accrediting organizations recognized by the board. | 54140 |
| (C) | 54141 |
| person submits to the board an official transcript demonstrating | 54142 |
| that the person has at least a doctor of audiology degree or the | 54143 |
| equivalent as determined by the board. The person's academic | 54144 |
| credit must include course work accumulated in the completion of a | 54145 |
| well-integrated course of study approved by the board and | 54146 |
| delineated by rules dealing with the normal aspects of human | 54147 |
| hearing, balance, and related development and clinical evaluation, | 54148 |
| audiologic diagnosis, and treatment of disorders of human hearing, | 54149 |
| balance, and related development. The course work must have been | 54150 |
| completed in an audiology program that is accredited by an | 54151 |
| organization recognized by the United States department of | 54152 |
| education and operated by a college or university accredited by a | 54153 |
| regional or national accrediting organization recognized by the | 54154 |
| board. | 54155 |
| (D) The person submits to the board evidence of the | 54156 |
| completion of appropriate, supervised clinical experience in the | 54157 |
| professional area, speech-language pathology or audiology, for | 54158 |
| which licensure is requested, dealing with a variety of | 54159 |
| communication disorders. The appropriateness of the experience | 54160 |
| shall be determined under rules of the board. This experience | 54161 |
| shall have been obtained in an accredited college or university, | 54162 |
| in a cooperating program of an accredited college or university, | 54163 |
| or in another program approved by the board. | 54164 |
| | 54165 |
| person has passed the examination for licensure to practice | 54166 |
| speech-language pathology or audiology pursuant to division (B) of | 54167 |
| section 4753.05 of the Revised Code. | 54168 |
| (F) If the person submits to the board an application for | 54169 |
| licensure as an audiologist before January 1, 2006, and meets the | 54170 |
| requirements of division (B) of this section regarding a master's | 54171 |
| degree in audiology as that division existed on December 31, 2005, | 54172 |
| but not the requirements of division (C) of this section regarding | 54173 |
| a doctor of audiology degree or if the person seeks licensure as a | 54174 |
| speech-language pathologist, the person presents to the board | 54175 |
| written evidence that
| 54176 |
| experience. The professional experience shall be appropriately | 54177 |
| supervised as determined by board rule. The amount of professional | 54178 |
| experience shall be determined by board rule and shall be bona | 54179 |
| fide clinical work that has been accomplished in the major | 54180 |
| professional area, speech-language pathology or audiology, in | 54181 |
| which licensure is being sought. | 54182 |
| licensure as a speech-language pathologist, this experience shall | 54183 |
| not begin until the requirements of divisions
(B) | 54184 |
| and (E) of this section have been completed unless approved by the | 54185 |
| board. If the person seeks licensure as an audiologist, this | 54186 |
| experience shall not begin until the requirements of division (B) | 54187 |
| of this section, as that division existed on December 31, 2005, | 54188 |
| and divisions (D) and (E) of this section have been completed | 54189 |
| unless approved by the board. Before beginning the supervised | 54190 |
| professional
experience pursuant to this section, | 54191 |
| applicant for licensure to practice speech-language pathology or | 54192 |
| audiology shall | 54193 |
| license pursuant to section 4753.071 of the Revised Code. | 54194 |
| | 54195 |
| 54196 | |
| 54197 | |
| 54198 |
| Sec. 4753.071. A person who is required to meet the | 54199 |
| supervised professional experience requirement of division (F) of | 54200 |
| section 4753.06 of the Revised Code shall submit to the board of | 54201 |
| speech-language pathology and audiology an application for a | 54202 |
| conditional license. The application shall include a plan for the | 54203 |
| content of the supervised professional experience on a form the | 54204 |
| board shall prescribe. The board | 54205 |
| 54206 | |
| applicant | 54207 |
| | 54208 |
| 54209 | |
| 4753.06 of
the Revised Code | 54210 |
| | 54211 |
| 54212 | |
| 54213 | |
| obtained the supervised professional experience, and pays to the | 54214 |
| board the appropriate fee for a conditional license. An applicant | 54215 |
| may not begin employment until the conditional license has been | 54216 |
| 54217 |
| A conditional license authorizes an individual to practice | 54218 |
| speech-language pathology or audiology while completing the | 54219 |
|
supervised professional experience as required by division | 54220 |
| of section 4753.06 of the Revised Code. A person holding a | 54221 |
| conditional license may practice speech-language pathology or | 54222 |
| audiology while working under the supervision of a person fully | 54223 |
| licensed in accordance with this chapter. A conditional license is | 54224 |
| valid for eighteen months unless suspended or revoked pursuant to | 54225 |
| section 3123.47 or 4753.10 of the Revised Code. | 54226 |
| A person holding a conditional license may perform services | 54227 |
| for which reimbursement will be sought under the medicare program | 54228 |
|
established under Title XVIII of the "Social Security Act," | 54229 |
| Stat. | 54230 |
| 54231 | |
| 5111. of the Revised
Code | 54232 |
| 54233 | |
| made by the person who supervises the person performing the | 54234 |
| services. | 54235 |
| Sec. 4753.08. The board of speech-language pathology and | 54236 |
| audiology shall waive the examination, educational, and | 54237 |
| professional experience requirements for any applicant who meets | 54238 |
| any of the following requirements: | 54239 |
| (A) On September 26, 1975, has at least a bachelor's degree | 54240 |
| with a major in speech-language pathology or audiology from an | 54241 |
| accredited college or university, or who has been employed as a | 54242 |
| speech-language pathologist or audiologist for at least nine | 54243 |
| months at any time within the three years prior to September 26, | 54244 |
| 1975, if an application providing bona fide proof of such degree | 54245 |
| or employment is filed with the board within one year after | 54246 |
| September 26, 1975, and is accompanied by the application fee as | 54247 |
| prescribed in division (A) of section 4753.11 of the Revised Code; | 54248 |
| (B) Presents proof of current certification or licensure in | 54249 |
| good standing in the area in which licensure is sought in a state | 54250 |
| 54251 | |
| licensure that are in effect in this state at the time the | 54252 |
| applicant applies for the license; | 54253 |
| (C) Presents proof of both of the following: | 54254 |
| (1) Having current certification or licensure in good | 54255 |
| standing in audiology in a state that has standards at least equal | 54256 |
| to the standards for licensure as an audiologist that were in | 54257 |
| effect in this state on December 31, 2005; | 54258 |
| (2) Having first obtained that certification or licensure not | 54259 |
| later than December 31, 2007. | 54260 |
| (D) Presents proof of a current certificate of clinical | 54261 |
| competence in speech-language pathology or audiology that is in | 54262 |
| good standing and received from the American | 54263 |
| speech-language-hearing association in the area in which licensure | 54264 |
| is sought. | 54265 |
| Sec. 4753.09. Except as provided in this section and in | 54266 |
| section 4753.10 of the Revised Code, a license issued by the board | 54267 |
| of speech-language pathology and audiology shall be renewed | 54268 |
| biennially in accordance with the standard renewal procedure | 54269 |
| contained in Chapter 4745. of the Revised Code. If the application | 54270 |
| for renewal is made | 54271 |
| application is due, the person shall apply for licensure as | 54272 |
| provided in section 4753.06 or division
(B) | 54273 |
| section 4753.08 of the Revised Code. The board shall not renew a | 54274 |
| conditional license; however, the board may grant an applicant a | 54275 |
| second conditional license. | 54276 |
| The board shall establish by rule adopted pursuant to Chapter | 54277 |
| 119. of the Revised Code the qualifications for license renewal. | 54278 |
| Applicants shall demonstrate continued competence, which may | 54279 |
| include continuing education, examination, self-evaluation, peer | 54280 |
| review, performance appraisal, or practical simulation. The board | 54281 |
| may establish other requirements as a condition for license | 54282 |
| renewal as considered appropriate by the board. | 54283 |
| The board may renew a license which expires while the license | 54284 |
| is suspended, but the renewal shall not affect the suspension. The | 54285 |
| board shall not renew a license which has been revoked. If a | 54286 |
| revoked license is reinstated under section 4753.10 of the Revised | 54287 |
| Code after it has expired, the licensee, as a condition of | 54288 |
| reinstatement, shall pay a reinstatement fee in the amount equal | 54289 |
| to the renewal fee in effect on the last preceding regular renewal | 54290 |
| date on which it is reinstated, plus any delinquent fees accrued | 54291 |
| from the time of the revocation, if such a fee is prescribed by | 54292 |
| the board by rule. | 54293 |
| 54294 | |
| 54295 | |
| 54296 |
| | 54297 |
| 54298 | |
| 54299 | |
| 54300 | |
| 54301 | |
| 54302 | |
| 54303 | |
| 54304 | |
| 54305 | |
| 54306 | |
| 54307 | |
| 54308 |
| | 54309 |
| 54310 | |
| 54311 | |
| 54312 | |
| 54313 | |
| 54314 | |
| 54315 | |
| 54316 |
| Sec. 4755.03. There is hereby created the Ohio occupational | 54317 |
| therapy, physical therapy, and athletic trainers board consisting | 54318 |
| of sixteen residents of this state, who shall be appointed by the | 54319 |
| governor with the advice and consent of the senate. The board | 54320 |
| shall be composed of a physical therapy section, an occupational | 54321 |
| therapy section, and an athletic trainers section. | 54322 |
| Five members of the board shall be physical therapists who | 54323 |
| are licensed to practice physical therapy and who have been | 54324 |
| engaged in or actively associated with the practice of physical | 54325 |
| therapy in this state for at least five years immediately | 54326 |
| preceding appointment. Such members of the board shall sit on the | 54327 |
| physical therapy section. The physical therapy section also shall | 54328 |
| consist of four additional members, appointed by the governor with | 54329 |
| the advice and consent of the senate, who satisfy the same | 54330 |
| qualifications as the members of the board sitting on the physical | 54331 |
| therapy section, but who are not members of the board. Such | 54332 |
| additional members of the physical therapy section are vested with | 54333 |
| only such powers and shall perform only such duties as relate to | 54334 |
| the affairs of that section, shall serve for the same terms as do | 54335 |
| members of the board sitting on the physical therapy section, and | 54336 |
| shall subscribe to and file with the secretary of state the | 54337 |
| constitutional oath of office. | 54338 |
| | 54339 |
| therapists
| 54340 |
| therapy assistant, all of whom have been engaged in or actively | 54341 |
| associated with the practice of occupational therapy or practice | 54342 |
| as an occupational therapy assistant in this state for at least | 54343 |
| five years immediately preceding appointment. Such members of the | 54344 |
| board shall sit on the occupational therapy section. | 54345 |
| Four members of the board shall be athletic trainers who have | 54346 |
| been engaged in the practice of athletic training in Ohio for at | 54347 |
| least five years immediately preceding appointment. One member of | 54348 |
| the board shall be a physician licensed to practice medicine and | 54349 |
| surgery in this state. Such members of the board shall sit on the | 54350 |
| athletic trainers section. | 54351 |
| One member of the board shall represent the public and shall | 54352 |
| be at least sixty years of age. This member shall sit on the | 54353 |
| board. | 54354 |
| Terms of office are for three years, each term commencing on | 54355 |
| the twenty-eighth day of August and ending on the twenty-seventh | 54356 |
| day of August. Each member shall serve subsequent to the | 54357 |
| expiration of | 54358 |
| successor is appointed and qualifies, or until a period of sixty | 54359 |
| days has elapsed, whichever occurs first. Each member, before | 54360 |
| entering upon | 54361 |
| to and file with the secretary of state the constitutional oath of | 54362 |
| office. All vacancies shall be filled in the manner prescribed for | 54363 |
| the regular appointments to the board and are limited to the | 54364 |
| unexpired terms. | 54365 |
| Annually, upon the qualification of the member or members | 54366 |
| appointed in that year, the board shall organize by selecting from | 54367 |
| its members a president and secretary. Each section of the board | 54368 |
| shall organize by selecting from its members a | 54369 |
| chairperson and secretary. | 54370 |
| The majority of the members of the board constitutes a quorum | 54371 |
| to transact and vote on the business of the board. A majority of | 54372 |
| the members of each section constitutes a quorum to transact and | 54373 |
| vote on the affairs of that section. | 54374 |
| Each member of the board and each additional member of the | 54375 |
| physical therapy section shall receive an amount fixed pursuant to | 54376 |
| division (J) of section 124.15 of the Revised Code for each day | 54377 |
| employed in
the discharge of | 54378 |
| each member of the board and each additional member of the | 54379 |
| physical therapy section shall receive
| 54380 |
| necessary expenses incurred in
the performance of | 54381 |
| duties. | 54382 |
| The board of trustees of the Ohio occupational therapy | 54383 |
| association, inc., may recommend, after any term expires or | 54384 |
| vacancy occurs in an occupational therapy position, at least three | 54385 |
| persons to fill each such position or vacancy on the board, and | 54386 |
| the governor may make | 54387 |
| recommended. The executive board of the Ohio chapter, inc., of the | 54388 |
| American physical therapy association may recommend, after any | 54389 |
| term expires or vacancy occurs in a physical therapy position, at | 54390 |
| least three persons to fill each such vacancy on the board, and | 54391 |
| the governor may make | 54392 |
| recommended. The Ohio athletic trainers association shall | 54393 |
| recommend to the governor at least three persons for each of the | 54394 |
| initial appointments to an athletic trainer's position. The Ohio | 54395 |
| athletic trainers association shall also recommend to the governor | 54396 |
| at least three persons when any term expires or any vacancy occurs | 54397 |
| in such a position. The governor may select one of the | 54398 |
| association's recommendations in making such an appointment. | 54399 |
| The board shall meet as a whole to determine all | 54400 |
| administrative, personnel, and budgetary matters. The executive | 54401 |
| director of the board appointed by the board shall not be a | 54402 |
| physical therapist, an occupational therapist, or an athletic | 54403 |
| trainer who has been licensed to practice physical therapy, | 54404 |
| occupational therapy, or as an athletic trainer in this state | 54405 |
| within three years immediately preceding appointment. The | 54406 |
| executive director shall serve at the pleasure of the board. | 54407 |
| The occupational therapy section of the board shall have the | 54408 |
| full authority to act on behalf of the board on all matters | 54409 |
| concerning the practice of occupational therapy and, in | 54410 |
| particular, the examination, licensure, and suspension or | 54411 |
| revocation of licensure of applicants, occupational therapists, | 54412 |
| and occupational therapy assistants. The physical therapy section | 54413 |
| of the board shall have the full authority to act on behalf of the | 54414 |
| board on all matters concerning the practice of physical therapy | 54415 |
| and, in particular, the examination, licensure, and suspension or | 54416 |
| revocation of licensure of applicants, physical therapists, and | 54417 |
| physical therapist assistants. The athletic trainers section of | 54418 |
| the board shall have the full authority to act on behalf of the | 54419 |
| board on all matters concerning the practice of athletic training | 54420 |
| and, in particular, the examination, licensure, and suspension or | 54421 |
| revocation of licensure of applicants and athletic trainers. All | 54422 |
| actions taken by any section of the board under this paragraph | 54423 |
| shall be in accordance with Chapter 119. of the Revised Code. | 54424 |
| Sec. 4755.48. (A) No person shall employ fraud or deception | 54425 |
| in applying for or securing a license to practice physical therapy | 54426 |
| or to be a physical therapist assistant. | 54427 |
| (B) No person shall practice or in any way claim to the | 54428 |
| public to be able to practice physical therapy, including practice | 54429 |
| as a physical therapist assistant, unless the person holds a valid | 54430 |
| license under sections 4755.40 to 4755.56 of the Revised Code or | 54431 |
| except as provided in section 4755.56 of the Revised Code. | 54432 |
| (C) No person shall use the words or letters, physical | 54433 |
| therapist, physical therapy, physiotherapist, licensed physical | 54434 |
| therapist, P.T., Ph.T., P.T.T., R.P.T., L.P.T., M.P.T., D.P.T., | 54435 |
| M.S.P.T., P.T.A., physical therapy assistant, physical therapist | 54436 |
| assistant, physical therapy technician, licensed physical | 54437 |
| therapist assistant, L.P.T.A., R.P.T.A., or any other letters, | 54438 |
| words, abbreviations, or insignia, indicating or implying that the | 54439 |
| person is a physical therapist or physical therapist assistant | 54440 |
| without a valid license under sections 4755.40 to 4755.56 of the | 54441 |
| Revised Code. | 54442 |
| (D) No person who practices physical therapy or assists in | 54443 |
| the provision of physical therapy treatments under the supervision | 54444 |
| of a physical therapist shall fail to display the person's current | 54445 |
| license granted under sections 4755.40 to 4755.56 of the Revised | 54446 |
| Code in a conspicuous location in the place where the person | 54447 |
| spends the major part of the person's time so engaged. | 54448 |
| (E) Nothing in sections 4755.40 to 4755.56 of the Revised | 54449 |
| Code shall affect or interfere with the performance of the duties | 54450 |
| of any physical therapist or physical therapist assistant in | 54451 |
| active service in the army, navy, coast guard, marine corps, air | 54452 |
| force, public health service, or marine hospital service of the | 54453 |
| United States, while so serving. | 54454 |
| (F) No person shall practice physical therapy other than on | 54455 |
| the prescription of, or the referral of a patient by, a person who | 54456 |
| is licensed in this or another state to practice medicine and | 54457 |
| surgery, chiropractic, dentistry, osteopathic medicine and | 54458 |
| surgery, podiatric medicine and surgery, or to practice nursing as | 54459 |
| a certified registered nurse anesthetist, clinical nurse | 54460 |
| specialist, certified nurse-midwife, or certified nurse | 54461 |
| practitioner, within the scope of such practices, and whose | 54462 |
| license is in good standing, unless either of the following | 54463 |
| conditions is met: | 54464 |
| (1) The person holds a master's or doctorate degree from a | 54465 |
| professional physical therapy program that is accredited by a | 54466 |
| national accreditation agency recognized by the United States | 54467 |
| department of education and by the Ohio occupational therapy, | 54468 |
| physical therapy, and athletic trainers board. | 54469 |
|
(2) On or before December 31, | 54470 |
| completed at least two years of practical experience as a licensed | 54471 |
| physical therapist. | 54472 |
| (G) In the prosecution of any person for violation of | 54473 |
| division (B) or (C) of this section, it is not necessary to allege | 54474 |
| or prove want of a valid license to practice physical therapy or | 54475 |
| to practice as a physical therapist assistant, but such matters | 54476 |
| shall be a matter of defense to be established by the accused. | 54477 |
| Sec. 4766.09. (A) This chapter does not apply to any of the | 54478 |
| following: | 54479 |
| | 54480 |
| event of a disaster situation when licensees' vehicles based in | 54481 |
| the locality of the disaster situation are incapacitated or | 54482 |
| insufficient in number to render the services needed; | 54483 |
| | 54484 |
| rotorcraft air ambulance, or fixed wing air ambulance outside this | 54485 |
| state unless receiving a person within this state for transport to | 54486 |
| a location within this state; | 54487 |
| | 54488 |
| organization and the vehicles it owns or leases and operates, | 54489 |
| except as provided in section 307.051, division (G) of section | 54490 |
| 307.055, division (F) of section 505.37, division (B) of section | 54491 |
| 505.375, and division (B)(3) of section 505.72 of the Revised | 54492 |
| Code; | 54493 |
| | 54494 |
| fixed wing air ambulance, or nontransport vehicle owned or leased | 54495 |
| and operated by the federal government; | 54496 |
| | 54497 |
| | 54498 |
| operating only on the corporation's premises, for the sole use by | 54499 |
| that corporation; | 54500 |
| | 54501 |
| medical service organization vehicle owned and operated by a | 54502 |
| municipal corporation; | 54503 |
| | 54504 |
| rescue service organization, as defined in section 4503.172 of the | 54505 |
| Revised Code; | 54506 |
| | 54507 |
| | 54508 |
| comprised of volunteers who provide services without expectation | 54509 |
| of remuneration and do not receive payment for services other than | 54510 |
| reimbursement for expenses; | 54511 |
| | 54512 |
| organization when fifty per cent or more of its personnel are | 54513 |
| volunteers, as defined in section 4765.01 of the Revised Code; | 54514 |
| | 54515 |
| by the state board of emergency medical services under Chapter | 54516 |
| 4765. of the Revised Code; | 54517 |
| | 54518 |
| (B) Except for the requirements specified in section 4766.14 | 54519 |
| of the Revised Code, this chapter does not apply to an ambulette | 54520 |
| service provider operating under standards adopted by rule by the | 54521 |
| department of aging, but only during the period of time on any day | 54522 |
| that the provider is solely serving the department or the | 54523 |
| department's designee. This chapter applies to an ambulette | 54524 |
| service provider at any time that the ambulette service provider | 54525 |
| is not solely serving the department or the department's designee. | 54526 |
| Sec. 4766.14. (A) An ambulette service provider described in | 54527 |
| division (B) of section 4766.09 of the Revised Code shall do all | 54528 |
| of the following: | 54529 |
| (1) Make available to all its ambulette drivers while | 54530 |
| operating ambulette vehicles a means of two-way communication | 54531 |
| using either ambulette vehicle radios or cellular telephones; | 54532 |
| (2) Equip every ambulette vehicle with one isolation and | 54533 |
| biohazard disposal kit that is permanently installed or secured in | 54534 |
| the vehicle's cabin; | 54535 |
| (3) Before hiring an applicant for employment as an ambulette | 54536 |
| driver, obtain all of the following: | 54537 |
| (a) A valid copy of a signed statement from a licensed | 54538 |
| physician acting within the scope of the physician's practice | 54539 |
| declaring that the applicant does not have a medical condition or | 54540 |
| physical condition, including vision impairment that cannot be | 54541 |
| corrected, that could interfere with safe driving, passenger | 54542 |
| assistance, and emergency treatment activity or could jeopardize | 54543 |
| the health and welfare of a client or the general public; | 54544 |
| (b) All of the certificates and results required under | 54545 |
| divisions (A)(2), (3), and (4) of section 4766.15 of the Revised | 54546 |
| Code. | 54547 |
| (B) No ambulette service provider described in division (B) | 54548 |
| of section 4766.09 of the Revised Code shall employ an applicant | 54549 |
| as an ambulette driver if the applicant has six or more points on | 54550 |
| the applicant's driving record pursuant to section 4510.036 of the | 54551 |
| Revised Code. | 54552 |
| (C) The department of aging shall administer and enforce this | 54553 |
| section. | 54554 |
| Sec. 4905.10. (A) For the sole purpose of maintaining and | 54555 |
| administering the public utilities commission and exercising its | 54556 |
| supervision and jurisdiction over the railroads and public | 54557 |
| utilities of this state, an amount equivalent to the appropriation | 54558 |
| from the public utilities fund created under division (B) of this | 54559 |
| section to the public utilities commission for railroad and public | 54560 |
| utilities regulation in each fiscal year shall be apportioned | 54561 |
| among and assessed against each railroad and public utility within | 54562 |
| this state by the commission by first computing an assessment as | 54563 |
| though it were to be made in proportion to the intrastate gross | 54564 |
| earnings or receipts, excluding earnings or receipts from sales to | 54565 |
| other public utilities for resale, of the railroad or public | 54566 |
| utility for the calendar year next preceding that in which the | 54567 |
| assessment is made. The commission may include in that first | 54568 |
| computation any amount of a railroad's or public utility's | 54569 |
| intrastate gross earnings or receipts that were underreported in a | 54570 |
| prior year. In addition to whatever penalties apply under the | 54571 |
| Revised Code to such underreporting, the commission shall assess | 54572 |
| the railroad or public utility interest at the rate stated in | 54573 |
| division (A) of section 1343.01 of the Revised Code. The | 54574 |
| commission shall deposit any interest so collected into the public | 54575 |
| utilities fund. The commission may exclude from that first | 54576 |
| computation any such amounts that were overreported in a prior | 54577 |
| year. | 54578 |
| The final computation of the assessment shall consist of | 54579 |
| imposing upon each railroad and public utility whose assessment | 54580 |
|
under the first computation would have been
| 54581 |
| dollars or less
an assessment of | 54582 |
| recomputing the assessments of the remaining railroads and public | 54583 |
| utilities by apportioning an amount equal to the appropriation to | 54584 |
| the public utilities commission for administration of the | 54585 |
| utilities division in each fiscal year less the total amount to be | 54586 |
| recovered from those paying the minimum assessment, in proportion | 54587 |
| to the intrastate gross earnings or receipts of the remaining | 54588 |
| railroads and public utilities for the calendar year next | 54589 |
| preceding that in which the assessments are made. | 54590 |
| In the case of an assessment based on intrastate gross | 54591 |
| receipts under this section against a public utility that is an | 54592 |
| electric utility as defined in section 4928.01 of the Revised | 54593 |
| Code, or an electric services company, electric cooperative, or | 54594 |
| governmental aggregator subject to certification under section | 54595 |
| 4928.08 of the Revised Code, such receipts shall be those | 54596 |
| specified in the utility's, company's, cooperative's, or | 54597 |
| aggregator's most recent report of intrastate gross receipts and | 54598 |
| sales of kilowatt hours of electricity, filed with the commission | 54599 |
| pursuant to division (F) of section 4928.06 of the Revised Code, | 54600 |
| and verified by the commission. | 54601 |
| In the case of an assessment based on intrastate gross | 54602 |
| receipts under this section against a retail natural gas supplier | 54603 |
| or governmental aggregator subject to certification under section | 54604 |
| 4929.20 of the Revised Code, such receipts shall be those | 54605 |
| specified in the supplier's or aggregator's most recent report of | 54606 |
| intrastate gross receipts and sales of hundred cubic feet of | 54607 |
| natural gas, filed with the commission pursuant to division (B) of | 54608 |
| section 4929.23 of the Revised Code, and verified by the | 54609 |
| commission. However, no such retail natural gas supplier or such | 54610 |
| governmental aggregator serving or proposing to serve customers of | 54611 |
| a particular natural gas company, as defined in section 4929.01 of | 54612 |
| the Revised Code, shall be assessed under this section until after | 54613 |
| the commission, pursuant to section 4905.26 or 4909.18 of the | 54614 |
| Revised Code, has removed from the base rates of the natural gas | 54615 |
| company the amount of assessment under this section that is | 54616 |
| attributable to the value of commodity sales service, as defined | 54617 |
| in section 4929.01 of the Revised Code, in the base rates paid by | 54618 |
| those customers of the company that do not purchase that service | 54619 |
| from the natural gas company. | 54620 |
| (B) | 54621 |
| of October in each year, the commission shall notify each such | 54622 |
| railroad and public utility of the sum assessed against it, | 54623 |
| whereupon payment shall be made to the commission, which shall | 54624 |
| deposit it into the state treasury to the credit of the public | 54625 |
| utilities fund, which is hereby created. Beginning in calendar | 54626 |
| year 2006, on or before the fifteenth day of May in each year, the | 54627 |
| commission shall notify each railroad and public utility that had | 54628 |
| a sum assessed against it for the current fiscal year of more than | 54629 |
| one thousand dollars that fifty per cent of that amount shall be | 54630 |
| paid to the commission by the twentieth day of June of that year | 54631 |
| as an initial payment of the assessment against the company for | 54632 |
| the next fiscal year. On or before the first day of October in | 54633 |
| each year, the commission shall make a final determination of the | 54634 |
| sum of the assessment against each railroad and public utility and | 54635 |
| shall notify each railroad and public utility of the sum assessed | 54636 |
| against it. The commission shall deduct from the assessment for | 54637 |
| each railroad or public utility any initial payment received. | 54638 |
| Payment of the assessment shall be made to the commission by the | 54639 |
| first day of November of that year. The commission shall deposit | 54640 |
| the payments received into the state treasury to the credit of the | 54641 |
| public utilities fund. Any such amounts paid into the fund but not | 54642 |
| expended by the commission shall be credited ratably, after first | 54643 |
| deducting any deficits accumulated from prior years, by the | 54644 |
| commission to railroads and public utilities that pay more than | 54645 |
| the minimum assessment, according to the respective portions of | 54646 |
| such sum
assessable against them for the ensuing | 54647 |
| year. The
assessments for such | 54648 |
| reduced correspondingly. | 54649 |
| (C) Within five days after the beginning of each fiscal year | 54650 |
| through fiscal year 2006, the director of budget and management | 54651 |
| shall transfer from the general revenue fund to the public | 54652 |
| utilities fund an amount sufficient for maintaining and | 54653 |
| administering the public utilities commission and exercising its | 54654 |
| supervision and jurisdiction over the railroads and public | 54655 |
| utilities of the state during the first four months of the fiscal | 54656 |
| year. The director shall transfer the same amount back to the | 54657 |
| general revenue fund from the public utilities fund at such time | 54658 |
| as the director determines that the balance of the public | 54659 |
| utilities fund is sufficient to support the appropriations from | 54660 |
| the fund for the fiscal year. The director may transfer less than | 54661 |
| that amount if the director determines that the revenues of the | 54662 |
| public utilities fund during the fiscal year will be insufficient | 54663 |
| to support the appropriations from the fund for the fiscal year, | 54664 |
| in which case the amount not paid back to the general revenue fund | 54665 |
| shall be payable to the general revenue fund in future fiscal | 54666 |
| years. | 54667 |
| (D) For the purpose of this section only, "public utility" | 54668 |
| includes: | 54669 |
| (1) In addition to an electric utility as defined in section | 54670 |
| 4928.01 of the Revised Code, an electric services company, an | 54671 |
| electric cooperative, or a governmental aggregator subject to | 54672 |
| certification under section 4928.08 of the Revised Code, to the | 54673 |
| extent of the company's, cooperative's, or aggregator's engagement | 54674 |
| in the business of supplying or arranging for the supply in this | 54675 |
| state of any retail electric service for which it must be so | 54676 |
| certified; | 54677 |
| (2) In addition to a natural gas company as defined in | 54678 |
| section 4929.01 of the Revised Code, a retail natural gas supplier | 54679 |
| or governmental aggregator subject to certification under section | 54680 |
| 4929.20 of the Revised Code, to the extent of the supplier's or | 54681 |
| aggregator's engagement in the business of supplying or arranging | 54682 |
| for the supply in this state of any competitive retail natural gas | 54683 |
| service for which it must be certified. | 54684 |
| (E) Each public utilities commissioner shall receive a salary | 54685 |
| fixed at the level set by pay range 49 under schedule E-2 of | 54686 |
| section 124.152 of the Revised Code. | 54687 |
| Sec. 4905.261. The public utilities commission shall operate | 54688 |
| a telephone call center for consumer complaints, to receive | 54689 |
| complaints by any person, firm, or corporation against any public | 54690 |
| utility. The commission shall expeditiously provide the consumers' | 54691 |
| counsel with all information concerning residential consumer | 54692 |
| complaints received by the commission in the operation of the | 54693 |
| telephone call center and with any materials produced in the | 54694 |
| operation of the telephone call center by the commission | 54695 |
| concerning residential consumer complaints. If technology is | 54696 |
| reasonably available, the commission shall provide the consumers' | 54697 |
| counsel with real-time access to the commission's residential | 54698 |
| consumer complaint information. | 54699 |
| Sec. 4905.54. Every public utility or railroad and every | 54700 |
| officer of a public utility or railroad shall comply with every | 54701 |
| order, direction, and requirement of the public utilities | 54702 |
| commission made under authority of this chapter and Chapters | 54703 |
| 4901., 4903., 4907., 4909., 4921., and 4923. of the Revised Code, | 54704 |
| so long as they remain in force. Except as otherwise specifically | 54705 |
| provided in sections 4905.83, 4905.95, 4919.99, 4921.99, and | 54706 |
| 4923.99 of the Revised Code, the public utilities commission may | 54707 |
| assess a forfeiture of not more than ten thousand dollars for each | 54708 |
| violation or failure against a public utility or railroad that | 54709 |
| violates a provision of those chapters or that after due notice | 54710 |
| fails to comply with an order, direction, or requirement of the | 54711 |
| commission that was
officially promulgated | 54712 |
| 54713 | |
| 54714 | |
| a separate offense. All forfeitures collected under this section | 54715 |
| shall be credited to the general revenue fund. | 54716 |
| Sec. 4905.95. (A) Except as otherwise provided in division | 54717 |
| (C) of this section: | 54718 |
| (1) The public utilities commission, regarding any proceeding | 54719 |
| under this section, shall provide reasonable notice and the | 54720 |
| opportunity for a hearing in accordance with rules adopted under | 54721 |
| section 4901.13 of the Revised Code. | 54722 |
| (2) Sections 4903.02 to 4903.082, 4903.09 to 4903.16, and | 54723 |
| 4903.20 to 4903.23 of the Revised Code apply to all proceedings | 54724 |
| and orders of the commission under this section and to all | 54725 |
| operators subject to those proceedings and orders. | 54726 |
| (B) If, pursuant to a proceeding it specially initiates or to | 54727 |
| any other proceeding and after the hearing provided for under | 54728 |
| division (A) of this section, the commission finds that: | 54729 |
| (1) An operator has violated or failed to comply with, or is | 54730 |
| violating or failing to comply with, sections 4905.90 to 4905.96 | 54731 |
| of the Revised Code or the pipe-line safety code, the commission | 54732 |
| by order: | 54733 |
| (a) Shall require the operator to comply and to undertake | 54734 |
| corrective action necessary to protect the public safety; | 54735 |
| (b) May assess upon the operator forfeitures of not more than | 54736 |
| 54737 | |
| noncompliance, except that the aggregate of such forfeitures shall | 54738 |
| not exceed five hundred thousand dollars for any related series of | 54739 |
| violations or noncompliances. In determining the amount of any | 54740 |
| such forfeiture, the commission shall consider all of the | 54741 |
| following: | 54742 |
| (i) The gravity of the violation or noncompliance; | 54743 |
| (ii) The operator's history of prior violations or | 54744 |
| noncompliances; | 54745 |
| (iii) The operator's good faith efforts to comply and | 54746 |
| undertake corrective action; | 54747 |
| (iv) The operator's ability to pay the forfeiture; | 54748 |
| (v) The effect of the forfeiture on the operator's ability to | 54749 |
| continue as an operator; | 54750 |
| (vi) Such other matters as justice may require. | 54751 |
| All forfeitures collected under this division or section 4905.96 | 54752 |
| of the Revised Code shall be deposited in the state treasury to | 54753 |
| the credit of the general revenue fund. | 54754 |
| (c) May direct the attorney general to seek the remedies | 54755 |
| provided in section 4905.96 of the Revised Code. | 54756 |
| (2) An intrastate pipe-line transportation facility is | 54757 |
| hazardous to life or property, the commission by order: | 54758 |
| (a) Shall require the operator of the facility to take | 54759 |
| corrective action to remove the hazard. Such corrective action may | 54760 |
| include suspended or restricted use of the facility, physical | 54761 |
| inspection, testing, repair, replacement, or other action. | 54762 |
| (b) May direct the attorney general to seek the remedies | 54763 |
| provided in section 4905.96 of the Revised Code. | 54764 |
| (C) If, pursuant to a proceeding it specially initiates or to | 54765 |
| any other proceeding, the commission finds that an emergency | 54766 |
| exists due to a condition on an intrastate pipe-line | 54767 |
| transportation facility posing a clear and immediate danger to | 54768 |
| life or health or threatening a significant loss of property and | 54769 |
| requiring immediate corrective action to protect the public | 54770 |
| safety, the commission may issue, without notice or prior hearing, | 54771 |
| an order reciting its finding and may direct the attorney general | 54772 |
| to seek the remedies provided in section 4905.96 of the Revised | 54773 |
| Code. The order shall remain in effect for not more than forty | 54774 |
| days after the date of its issuance. The order shall provide for a | 54775 |
| hearing as soon as possible, but not later than thirty days after | 54776 |
| the date of its issuance. After the hearing the commission shall | 54777 |
| continue, revoke, or modify the order and may make findings under | 54778 |
| and seek appropriate remedies as provided in division (B) of this | 54779 |
| section. | 54780 |
| Sec. 4911.021. The consumers' counsel shall not operate a | 54781 |
| telephone call center for consumer complaints. Any calls received | 54782 |
| by the consumers' counsel concerning consumer complaints shall be | 54783 |
| forwarded to the public utilities commission's call center. | 54784 |
| Sec. 4911.18. (A) For the sole purpose of maintaining and | 54785 |
| administering the office of the consumers' counsel and exercising | 54786 |
| the powers of the consumers' counsel under this chapter, an amount | 54787 |
| equal to the appropriation to the office of the consumers' counsel | 54788 |
| in each fiscal year shall be apportioned among and assessed | 54789 |
| against each public utility within this state, as defined in | 54790 |
| section 4911.01 of the Revised Code, by first computing an | 54791 |
| assessment as though it were to be made in proportion to the | 54792 |
| intrastate gross earnings or receipts of the public utility for | 54793 |
| the calendar year next preceding that in which the assessment is | 54794 |
| made, excluding earnings or receipts from sales to other public | 54795 |
| utilities for resale. The office may include in that first | 54796 |
| computation any amount of a public utility's intrastate gross | 54797 |
| earnings or receipts underreported in a prior year. In addition to | 54798 |
| whatever penalties apply under the Revised Code to such | 54799 |
| underreporting, the office shall assess the public utility | 54800 |
| interest at the rate stated in division (A) of section 1343.01 of | 54801 |
| the Revised Code. The office shall deposit any interest so | 54802 |
| collected into the consumers' counsel operating fund. The office | 54803 |
| may exclude from that first computation any such amounts that were | 54804 |
| over-reported in a prior year. | 54805 |
| The final computation of the assessment shall consist of | 54806 |
| imposing upon each public utility whose assessment under the first | 54807 |
|
computation would have been | 54808 |
| assessment
of
| 54809 |
| assessment of the remaining companies by apportioning an amount | 54810 |
| equal to the appropriation to the office of consumers' counsel in | 54811 |
| each fiscal year less the total amount to be recovered from those | 54812 |
| paying the minimum assessment, in proportion to the intrastate | 54813 |
| gross earnings or receipts of the remaining companies for the | 54814 |
| calendar year next preceding that in which the assessments are | 54815 |
| made, excluding earnings or receipts from sales to other public | 54816 |
| utilities for resale. | 54817 |
| In the case of an assessment based on intrastate gross | 54818 |
| receipts under this section against a public utility that is an | 54819 |
| electric utility as defined in section 4928.01 of the Revised | 54820 |
| Code, or an electric services company, electric cooperative, or | 54821 |
| governmental aggregator subject to certification under section | 54822 |
| 4928.08 of the Revised Code, such receipts shall be those | 54823 |
| specified in the utility's, company's, cooperative's, or | 54824 |
| aggregator's most recent report of intrastate gross receipts and | 54825 |
| sales of kilowatt hours of electricity, filed with the public | 54826 |
| utilities commission pursuant to division (F) of section 4928.06 | 54827 |
| of the Revised Code, and verified by the commission. | 54828 |
| In the case of an assessment based on intrastate gross | 54829 |
| receipts under this section against a retail natural gas supplier | 54830 |
| or governmental aggregator subject to certification under section | 54831 |
| 4929.20 of the Revised Code, such receipts shall be those | 54832 |
| specified in the supplier's or aggregator's most recent report of | 54833 |
| intrastate gross receipts and sales of hundred cubic feet of | 54834 |
| natural gas, filed with the commission pursuant to division (B) of | 54835 |
| section 4929.23 of the Revised Code, and verified by the | 54836 |
| commission. However, no such retail natural gas supplier or such | 54837 |
| governmental aggregator serving or proposing to serve customers of | 54838 |
| a particular natural gas company, as defined in section 4929.01 of | 54839 |
| the Revised Code, shall be assessed under this section until after | 54840 |
| the commission, pursuant to section 4905.26 or 4909.18 of the | 54841 |
| Revised Code, has removed from the base rates of the natural gas | 54842 |
| company the amount of assessment under this section that is | 54843 |
| attributable to the value of commodity sales service, as defined | 54844 |
| in section 4929.01 of the Revised Code, in the base rates paid by | 54845 |
| those customers of the company that do not purchase that service | 54846 |
| from the natural gas company. | 54847 |
| (B) | 54848 |
| of October in each year, the office of consumers' counsel shall | 54849 |
| notify each public utility of the sum assessed against it, | 54850 |
| whereupon payment shall be made to the counsel, who shall deposit | 54851 |
| it into the state treasury to the credit of the consumers' counsel | 54852 |
| operating fund, which is hereby created. Beginning in calendar | 54853 |
| year 2006, on or before the fifteenth day of May in each year, the | 54854 |
| consumers' counsel shall notify each public utility that had a sum | 54855 |
| assessed against it for the current fiscal year of more than one | 54856 |
| thousand dollars that fifty per cent of that amount shall be paid | 54857 |
| to the consumers' counsel by the twentieth day of June of that | 54858 |
| year as an initial payment of the assessment against the company | 54859 |
| for the next fiscal year. On or before the first day of October in | 54860 |
| each year, the consumers' counsel shall make a final determination | 54861 |
| of the sum of the assessment against each public utility and shall | 54862 |
| notify each public utility of the sum assessed against it. The | 54863 |
| consumers' counsel shall deduct from the assessment for each | 54864 |
| public utility any initial payment received. Payment of the | 54865 |
| assessment shall be made to the consumers' counsel by the first | 54866 |
| day of November of that year. The consumers' counsel shall deposit | 54867 |
| the payments received into the state treasury to the credit of the | 54868 |
| consumers' counsel operating fund. Any such amounts paid into the | 54869 |
| fund but not expended by the office shall be credited ratably by | 54870 |
| the office to the public utilities that pay more than the minimum | 54871 |
| assessment, according to the respective portions of such sum | 54872 |
| assessable against them
for
the ensuing | 54873 |
| after first deducting any deficits accumulated from prior years. | 54874 |
| The assessments for such | 54875 |
| correspondingly. | 54876 |
| (C) Within five days after the beginning of each fiscal year | 54877 |
| through fiscal year 2006, the director of budget and management | 54878 |
| shall transfer from the general revenue fund to the consumers' | 54879 |
| counsel operating fund an amount sufficient for maintaining and | 54880 |
| administering the office of the consumers' counsel and exercising | 54881 |
| the powers of the consumers' counsel under this chapter during the | 54882 |
| first four months of the fiscal year. Not later than the | 54883 |
| thirty-first day of December of the fiscal year, the same amount | 54884 |
| shall be transferred back to the general revenue fund from the | 54885 |
| consumers' counsel operating fund. | 54886 |
| (D) As used in this section, "public utility" includes: | 54887 |
| (1) In addition to an electric utility as defined in section | 54888 |
| 4928.01 of the Revised Code, an electric services company, an | 54889 |
| electric cooperative, or a governmental aggregator subject to | 54890 |
| certification under section 4928.08 of the Revised Code, to the | 54891 |
| extent of the company's, cooperative's, or aggregator's engagement | 54892 |
| in the business of supplying or arranging for the supply in this | 54893 |
| state of any retail electric service for which it must be so | 54894 |
| certified; | 54895 |
| (2) In addition to a natural gas company as defined in | 54896 |
| section 4929.01 of the Revised Code, a retail natural gas supplier | 54897 |
| or governmental aggregator subject to certification under section | 54898 |
| 4929.20 of the Revised Code, to the extent of the supplier's or | 54899 |
| aggregator's engagement in the business of supplying or arranging | 54900 |
| for the supply in this state of any competitive retail natural gas | 54901 |
| service for which it must be certified. | 54902 |
| Sec. 4973.171. (A) As used in this section, "felony" has the | 54903 |
| same meaning as in section 109.511 of the Revised Code. | 54904 |
| (B)(1) The | 54905 |
| commission a person as a police officer for a railroad company | 54906 |
| under division (B) of section 4973.17 of the Revised Code and | 54907 |
| shall not appoint or commission a person as a police officer for a | 54908 |
| hospital under division (D) of section 4973.17 of the Revised Code | 54909 |
| on a permanent basis, on a temporary basis, for a probationary | 54910 |
| term, or on other than a permanent basis if the person previously | 54911 |
| has been convicted of or has pleaded guilty to a felony. | 54912 |
| (2)(a) The | 54913 |
| appointment or commission of a person appointed or commissioned as | 54914 |
| a police officer for a railroad company or as a police officer for | 54915 |
| a hospital under division (B) or (D) of section 4973.17 of the | 54916 |
| Revised Code if that person does either of the following: | 54917 |
| (i) Pleads guilty to a felony; | 54918 |
| (ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 54919 |
| plea agreement as provided in division (D) of section 2929.43 of | 54920 |
| the Revised Code in which the person agrees to surrender the | 54921 |
| certificate awarded to that person under section 109.77 of the | 54922 |
| Revised Code. | 54923 |
| (b) The | 54924 |
| appointment or commission of a person appointed or commissioned as | 54925 |
| a police officer for a railroad company or as a police officer for | 54926 |
| a hospital under division (B) or (D) of section 4973.17 of the | 54927 |
| Revised Code if that person is convicted, after trial, of a | 54928 |
| felony. If the person files an appeal from that conviction and the | 54929 |
| conviction is upheld by the highest court to which the appeal is | 54930 |
| taken or if the person
does not file a timely appeal,
the | 54931 |
| secretary of state shall revoke the appointment or commission of | 54932 |
| that person as a police officer for a railroad company or as a | 54933 |
| police officer for a hospital. If the person files an appeal that | 54934 |
| results in that person's acquittal of the felony or conviction of | 54935 |
| a misdemeanor, or in the dismissal of the felony charge against | 54936 |
| that person, the
| 54937 |
| appointment or commission of that person as a police officer for a | 54938 |
| railroad company or as a police officer for a hospital. A person | 54939 |
| whose appointment or commission is reinstated under division | 54940 |
| (B)(2)(b) of this section shall not receive any back pay unless | 54941 |
| that person's conviction of the felony was reversed on appeal, or | 54942 |
| the felony charge was dismissed, because the court found | 54943 |
| insufficient evidence to convict the person of the felony. | 54944 |
| (3) Division (B) of this section does not apply regarding an | 54945 |
| offense that was committed prior to January 1, 1997. | 54946 |
| (4) The suspension or revocation of the appointment or | 54947 |
| commission of a person as a police officer for a railroad company | 54948 |
| or as a police officer for a hospital under division (B)(2) of | 54949 |
| this section shall be in accordance with Chapter 119. of the | 54950 |
| Revised Code. | 54951 |
| (C)(1) A judge of a municipal court or county court that has | 54952 |
| territorial jurisdiction over an amusement park shall not appoint | 54953 |
| or commission a person as a police officer for the amusement park | 54954 |
| under division (E) of section 4973.17 of the Revised Code on a | 54955 |
| permanent basis, on a temporary basis, for a probationary term, or | 54956 |
| on other than a permanent basis if the person previously has been | 54957 |
| convicted of or has pleaded guilty to a felony. | 54958 |
| (2) The judge shall revoke the appointment or commission of a | 54959 |
| person appointed or commissioned as a police officer for an | 54960 |
| amusement park under division (E) of section 4973.17 of the | 54961 |
| Revised Code if that person does either of the following: | 54962 |
| (a) Pleads guilty to a felony; | 54963 |
| (b) Pleads guilty to a misdemeanor pursuant to a negotiated | 54964 |
| plea agreement as provided in division (D) of section 2929.43 of | 54965 |
| the Revised Code in which the person agrees to surrender the | 54966 |
| certificate awarded to that person under section 109.77 of the | 54967 |
| Revised Code. | 54968 |
| (3) The judge shall suspend the appointment or commission of | 54969 |
| a person appointed or commissioned as a police officer for an | 54970 |
| amusement park under division (E) of section 4973.17 of the | 54971 |
| Revised Code if that person is convicted, after trial, of a | 54972 |
| felony. If the person files an appeal from that conviction and | 54973 |
| that conviction is upheld by the highest court to which the appeal | 54974 |
| is taken or if the person does not file a timely appeal, the judge | 54975 |
| shall revoke the appointment or commission of that person as a | 54976 |
| police officer for an amusement park. If the person files an | 54977 |
| appeal that results in that person's acquittal of the felony or | 54978 |
| conviction of a misdemeanor or in the dismissal of the felony | 54979 |
| charge against that person, the judge shall reinstate the | 54980 |
| appointment or commission of that person as a police officer for | 54981 |
| an amusement park. A person whose appointment or commission is | 54982 |
| reinstated under division (C)(3) of this section shall not receive | 54983 |
| any back pay unless that person's conviction of the felony was | 54984 |
| reversed on appeal, or the felony charge was dismissed, because | 54985 |
| the court found insufficient evidence to convict the person of a | 54986 |
| felony. | 54987 |
| (4) Division (C) of this section does not apply regarding an | 54988 |
| offense that was committed prior to January 1, 1997. | 54989 |
| (5) The suspension or revocation of the appointment or | 54990 |
| commission of a person as a police officer for an amusement park | 54991 |
| under division (C)(2) of this section shall be in accordance with | 54992 |
| Chapter 119. of the Revised Code. | 54993 |
| Sec. 5101.07. There is hereby created in the state treasury | 54994 |
| the support services federal operating fund. The fund shall | 54995 |
| consist of federal funds the department of job and family services | 54996 |
| receives and that the director of job and family services | 54997 |
| determines are appropriate for deposit into the fund. Money in the | 54998 |
| fund shall be used to pay the federal share of both of the | 54999 |
| following: | 55000 |
| (A) The department's costs for computer projects; | 55001 |
| (B) The operating costs of the parts of the department that | 55002 |
| provide general support services for the department's work units | 55003 |
| established under section 5101.06 of the Revised Code. | 55004 |
| Sec. 5101.071. There is hereby created in the state treasury | 55005 |
| the support services state operating fund. The fund shall consist | 55006 |
| of payments made to the fund from other appropriation items by | 55007 |
| intrastate transfer voucher. Money in the fund shall be used to | 55008 |
| pay for both of the following: | 55009 |
| (A) The department of job and family services' costs for | 55010 |
| computer projects; | 55011 |
| (B) The operating costs of the parts of the department that | 55012 |
| provide general support services for the department's work units | 55013 |
| established under section 5101.06 of the Revised Code. | 55014 |
| Sec. 5101.16. (A) As used in this section and sections | 55015 |
| 5101.161 and 5101.162 of the Revised Code: | 55016 |
| (1) "Disability financial assistance" means the financial | 55017 |
| assistance program established under Chapter 5115. of the Revised | 55018 |
| Code. | 55019 |
| (2) "Disability medical assistance" means the medical | 55020 |
| assistance program established under Chapter 5115. of the Revised | 55021 |
| Code. | 55022 |
| (3) "Food stamps" means the program administered by the | 55023 |
| department of job and family services pursuant to section 5101.54 | 55024 |
| of the Revised Code. | 55025 |
| (4) "Medicaid" means the medical assistance program | 55026 |
| established by Chapter 5111. of the Revised Code, excluding | 55027 |
| transportation services provided under that chapter. | 55028 |
| (5) "Ohio works first" means the program established by | 55029 |
| Chapter 5107. of the Revised Code. | 55030 |
| (6) "Prevention, retention, and contingency" means the | 55031 |
| program established by Chapter 5108. of the Revised Code. | 55032 |
| (7) "Public assistance expenditures" means expenditures for | 55033 |
| all of the following: | 55034 |
| (a) Ohio works first; | 55035 |
| (b) County administration of Ohio works first; | 55036 |
| (c) Prevention, retention, and contingency; | 55037 |
| (d) County administration of prevention, retention, and | 55038 |
| contingency; | 55039 |
| (e) Disability financial assistance; | 55040 |
| (f) Disability medical assistance; | 55041 |
| (g) County administration of disability financial assistance; | 55042 |
| (h) County administration of disability medical assistance; | 55043 |
| (i) County administration of food stamps; | 55044 |
| (j) County administration of medicaid. | 55045 |
| (8) "Title IV-A program" has the same meaning as in section | 55046 |
| 5101.80 of the Revised Code. | 55047 |
| (B) Each board of county commissioners shall pay the county | 55048 |
| share of public assistance expenditures in accordance with section | 55049 |
| 5101.161 of the Revised Code. Except as provided in division (C) | 55050 |
| of this section, a county's share of public assistance | 55051 |
| expenditures is the sum of all of the following for state fiscal | 55052 |
| year 1998 and each state fiscal year thereafter: | 55053 |
| (1) The amount that is twenty-five per cent of the county's | 55054 |
| total expenditures for disability financial assistance and | 55055 |
| disability medical assistance and county administration of those | 55056 |
| programs during the state fiscal year ending in the previous | 55057 |
| calendar year that the department of job and family services | 55058 |
| determines are allowable. | 55059 |
| (2) The amount that is ten per cent, or other percentage | 55060 |
| determined under division (D) of this section, of the county's | 55061 |
| total expenditures for county administration of food stamps and | 55062 |
| medicaid during the state fiscal year ending in the previous | 55063 |
| calendar year that the department determines are allowable, less | 55064 |
| the amount of federal reimbursement credited to the county under | 55065 |
| division (E) of this section for the state fiscal year ending in | 55066 |
| the previous calendar year; | 55067 |
| (3) A percentage of the actual amount of the county share of | 55068 |
| program and administrative expenditures during federal fiscal year | 55069 |
| 1994 for assistance and services, other than child care, provided | 55070 |
| under Titles IV-A and IV-F of the "Social Security Act," 49 Stat. | 55071 |
| 620 (1935), 42 U.S.C. 301, as those titles existed prior to the | 55072 |
| enactment of the "Personal Responsibility and Work Opportunity | 55073 |
| Reconciliation Act of 1996," 110 Stat. 2105. The department of job | 55074 |
| and family services shall determine the actual amount of the | 55075 |
| county share from expenditure reports submitted to the United | 55076 |
| States department of health and human services. The percentage | 55077 |
| shall be the percentage established in rules adopted under | 55078 |
| division (F) of this section. | 55079 |
| (C)(1) If a county's share of public assistance expenditures | 55080 |
| determined under division (B) of this section for a state fiscal | 55081 |
| year exceeds one hundred ten per cent of the county's share for | 55082 |
| those expenditures for the immediately preceding state fiscal | 55083 |
| year, the department of job and family services shall reduce the | 55084 |
| county's share for expenditures under divisions (B)(1) and (2) of | 55085 |
| this section so that the total of the county's share for | 55086 |
| expenditures under division (B) of this section equals one hundred | 55087 |
| ten per cent of the county's share of those expenditures for the | 55088 |
| immediately preceding state fiscal year. | 55089 |
| (2) A county's share of public assistance expenditures | 55090 |
| determined under division (B) of this section may be increased | 55091 |
| pursuant to section 5101.163 of the Revised Code and a sanction | 55092 |
| under section 5101.24 of the Revised Code. An increase made | 55093 |
| pursuant to section 5101.163 of the Revised Code may cause the | 55094 |
| county's share to exceed the limit established by division (C)(1) | 55095 |
| of this section. | 55096 |
| (D)(1) If the per capita tax duplicate of a county is less | 55097 |
| than the per capita tax duplicate of the state as a whole and | 55098 |
| division (D)(2) of this section does not apply to the county, the | 55099 |
| percentage to be used for the purpose of division (B)(2) of this | 55100 |
| section is the product of ten multiplied by a fraction of which | 55101 |
| the numerator is the per capita tax duplicate of the county and | 55102 |
| the denominator is the per capita tax duplicate of the state as a | 55103 |
| whole. The department of job and family services shall compute the | 55104 |
| per capita tax duplicate for the state and for each county by | 55105 |
| dividing the tax duplicate for the most recent available year by | 55106 |
| the current estimate of population prepared by the department of | 55107 |
| development. | 55108 |
| (2) If the percentage of families in a county with an annual | 55109 |
| income of less than three thousand dollars is greater than the | 55110 |
| percentage of such families in the state and division (D)(1) of | 55111 |
| this section does not apply to the county, the percentage to be | 55112 |
| used for the purpose of division (B)(2) of this section is the | 55113 |
| product of ten multiplied by a fraction of which the numerator is | 55114 |
| the percentage of families in the state with an annual income of | 55115 |
| less than three thousand dollars a year and the denominator is the | 55116 |
| percentage of such families in the county. The department of job | 55117 |
| and family services shall compute the percentage of families with | 55118 |
| an annual income of less than three thousand dollars for the state | 55119 |
| and for each county by multiplying the most recent estimate of | 55120 |
| such families published by the department of development, by a | 55121 |
| fraction, the numerator of which is the estimate of average annual | 55122 |
| personal income published by the bureau of economic analysis of | 55123 |
| the United States department of commerce for the year on which the | 55124 |
| census estimate is based and the denominator of which is the most | 55125 |
| recent such estimate published by the bureau. | 55126 |
| (3) If the per capita tax duplicate of a county is less than | 55127 |
| the per capita tax duplicate of the state as a whole and the | 55128 |
| percentage of families in the county with an annual income of less | 55129 |
| than three thousand dollars is greater than the percentage of such | 55130 |
| families in the state, the percentage to be used for the purpose | 55131 |
| of division (B)(2) of this section shall be determined as follows: | 55132 |
| (a) Multiply ten by the fraction determined under division | 55133 |
| (D)(1) of this section; | 55134 |
| (b) Multiply the product determined under division (D)(3)(a) | 55135 |
| of this section by the fraction determined under division (D)(2) | 55136 |
| of this section. | 55137 |
| (4) The department of job and family services shall | 55138 |
| determine, for each county, the percentage to be used for the | 55139 |
| purpose of division (B)(2) of this section not later than the | 55140 |
| first day of July of the year preceding the state fiscal year for | 55141 |
| which the percentage is used. | 55142 |
| (E) The department of job and family services shall credit to | 55143 |
| a county the amount of federal reimbursement the department | 55144 |
| receives from the United States departments of agriculture and | 55145 |
| health and human services for the county's expenditures for | 55146 |
| administration of food stamps and medicaid that the department | 55147 |
| determines are allowable administrative expenditures. | 55148 |
| (F)(1) The director of job and family services shall adopt | 55149 |
| rules in accordance with section 111.15 of the Revised Code to | 55150 |
| establish all of the following: | 55151 |
| (a) The method the department is to use to change a county's | 55152 |
| share of public assistance expenditures determined under division | 55153 |
| (B) of this section as provided in division (C) of this section; | 55154 |
| (b) The allocation methodology and formula the department | 55155 |
| will use to determine the amount of funds to credit to a county | 55156 |
| under this section; | 55157 |
| (c) The method the department will use to change the payment | 55158 |
| of the county share of public assistance expenditures from a | 55159 |
| calendar-year basis to a state fiscal year basis; | 55160 |
| (d) The percentage to be used for the purpose of division | 55161 |
| (B)(3) of this section, which shall, except as provided in section | 55162 |
| 5101.163 of the Revised Code, meet both of the following | 55163 |
| requirements: | 55164 |
| (i) The percentage shall not be less than seventy-five per | 55165 |
| cent nor more than eighty-two per cent; | 55166 |
| (ii) The percentage shall not exceed the percentage that the | 55167 |
| state's qualified state expenditures is of the state's historic | 55168 |
| state expenditures as those terms are defined in 42 U.S.C. | 55169 |
| 609(a)(7). | 55170 |
| (e) Other procedures and requirements necessary to implement | 55171 |
| this section. | 55172 |
| (2) The director of job and family services may amend the | 55173 |
| rule adopted under division (F)(1)(d) of this section to modify | 55174 |
| the percentage on determination that the amount the general | 55175 |
| assembly appropriates for Title IV-A programs makes the | 55176 |
| modification necessary. The rule shall be adopted and amended as | 55177 |
| if an internal management rule and in consultation with the | 55178 |
| director of budget and management. | 55179 |
| Sec. 5101.163. As used in this section, "maintenance of | 55180 |
| effort" means qualified state expenditures as defined in 42 U.S.C. | 55181 |
| 609(a)(7)(B)(i). | 55182 |
| The department of job and family services may increase a | 55183 |
| county's share of public assistance expenditures determined under | 55184 |
| division (B) of section 5101.16 of the Revised Code if the United | 55185 |
| States secretary of health and human services requires an increase | 55186 |
| in the state's maintenance of effort because of one or more | 55187 |
| failures, resulting from the actions or inactions of one or more | 55188 |
| county family services agencies, to meet a requirement under Title | 55189 |
| IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 | 55190 |
| U.S.C. 601, as amended. The department may so increase a county's | 55191 |
| share of public assistance expenditures only to the amount the | 55192 |
| county's county family services agencies are responsible for the | 55193 |
| increase in the state's maintenance of effort as determined | 55194 |
| pursuant to rules the director of job and family services shall | 55195 |
| adopt under section 111.15 of the Revised Code. The department is | 55196 |
| not required to make the increase in accordance with section | 55197 |
| 5101.24 of the Revised Code. | 55198 |
| Sec. 5101.181. (A) As used in this section and section | 55199 |
| 5101.182 of the Revised Code, "public assistance" includes, in | 55200 |
| addition to Ohio works first, all of the following: | 55201 |
| (1) Prevention, retention, and contingency; | 55202 |
| (2) Medicaid; | 55203 |
| (3) Disability financial assistance; | 55204 |
| (4) Disability medical assistance provided before October 1, | 55205 |
| 2005, under former Chapter 5115. of the Revised Code; | 55206 |
| (5) General assistance provided prior to July 17, 1995, under | 55207 |
| former Chapter 5113. of the Revised Code. | 55208 |
| (B) As part of the procedure for the determination of | 55209 |
| overpayment to a recipient of public assistance under Chapter | 55210 |
| 5107., 5108., 5111., or 5115. of the Revised Code, the director of | 55211 |
| job and family services shall furnish quarterly the name and | 55212 |
| social security number of each individual who receives public | 55213 |
| assistance to the director of administrative services, the | 55214 |
| administrator of the bureau of workers' compensation, and each of | 55215 |
| the state's retirement boards. Within fourteen days after | 55216 |
| receiving the name and social security number of an individual who | 55217 |
| receives public assistance, the director of administrative | 55218 |
| services, administrator, or board shall inform the auditor of | 55219 |
| state as to whether such individual is receiving wages or | 55220 |
| benefits, the amount of any wages or benefits being received, the | 55221 |
| social security number, and the address of the individual. The | 55222 |
| director of administrative services, administrator, boards, and | 55223 |
| any agent or employee of those officials and boards shall comply | 55224 |
| with the rules of the director of job and family services | 55225 |
| restricting the disclosure of information regarding recipients of | 55226 |
| public assistance. Any person who violates this provision shall | 55227 |
| thereafter be disqualified from acting as an agent or employee or | 55228 |
| in any other capacity under appointment or employment of any state | 55229 |
| board, commission, or agency. | 55230 |
| (C) The auditor of state may enter into a reciprocal | 55231 |
| agreement with the director of job and family services or | 55232 |
| comparable officer of any other state for the exchange of names, | 55233 |
| current or most recent addresses, or social security numbers of | 55234 |
| persons receiving public assistance under Title IV-A or under | 55235 |
| Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 | 55236 |
| U.S.C. 301, as amended. | 55237 |
| (D)(1) The auditor of state shall retain, for not less than | 55238 |
| two years, at least one copy of all information received under | 55239 |
| this section and sections 145.27, 742.41, 3307.20, 3309.22, | 55240 |
| 4123.27, 5101.182, and 5505.04 of the Revised Code. The auditor | 55241 |
| shall review the information to determine whether overpayments | 55242 |
| were made to recipients of public assistance under Chapters 5107., | 55243 |
| 5108., 5111., and 5115. of the Revised Code. The auditor of state | 55244 |
| shall initiate action leading to prosecution, where warranted, of | 55245 |
| recipients who received overpayments by forwarding the name of | 55246 |
| each recipient who received overpayment, together with other | 55247 |
| pertinent information, to the director of job and family services | 55248 |
| and the attorney general, to the district director of job and | 55249 |
| family services of the district through which public assistance | 55250 |
| was received, and to the county director of job and family | 55251 |
| services and county prosecutor of the county through which public | 55252 |
| assistance was received. | 55253 |
| (2) The auditor of state and the attorney general or their | 55254 |
| designees may examine any records, whether in computer or printed | 55255 |
| format, in the possession of the director of job and family | 55256 |
| services or any county director of job and family services. They | 55257 |
| shall provide safeguards which restrict access to such records to | 55258 |
| purposes directly connected with an audit or investigation, | 55259 |
| prosecution, or criminal or civil proceeding conducted in | 55260 |
| connection with the administration of the programs and shall | 55261 |
| comply with the rules of the director of job and family services | 55262 |
| restricting the disclosure of information regarding recipients of | 55263 |
| public assistance. Any person who violates this provision shall | 55264 |
| thereafter be disqualified from acting as an agent or employee or | 55265 |
| in any other capacity under appointment or employment of any state | 55266 |
| board, commission, or agency. | 55267 |
| (3) Costs incurred by the auditor of state in carrying out | 55268 |
| the auditor of state's duties under this division shall be borne | 55269 |
| by the auditor of state. | 55270 |
| Sec. 5101.184. (A) The director of job and family services | 55271 |
| shall work with the tax commissioner to collect overpayments of | 55272 |
| assistance under Chapter 5107., 5111., or 5115., former Chapter | 55273 |
| 5113., or section 5101.54 of the Revised Code from refunds of | 55274 |
| state income taxes for taxable year 1992 and thereafter that are | 55275 |
| payable to the recipients of such overpayments. | 55276 |
| Any overpayment of assistance, whether obtained by fraud or | 55277 |
| misrepresentation, as the result of an error by the recipient or | 55278 |
| by the agency making the payment, or in any other manner, may be | 55279 |
| collected under this section. Any reduction under section 5747.12 | 55280 |
| or 5747.121 of the Revised Code to an income tax refund shall be | 55281 |
| made before a reduction under this section. No reduction shall be | 55282 |
| made under this section if the amount of the refund is less than | 55283 |
| twenty-five dollars after any reduction under section 5747.12 of | 55284 |
| the Revised Code. A reduction under this section shall be made | 55285 |
| before any part of the refund is contributed under section | 55286 |
|
5747.113 of the Revised Code | 55287 |
| 55288 | |
| under section 5747.12 of the Revised Code against tax due in any | 55289 |
| subsequent year. | 55290 |
| The director and the tax commissioner, by rules adopted in | 55291 |
| accordance with Chapter 119. of the Revised Code, shall establish | 55292 |
| procedures to implement this division. The procedures shall | 55293 |
| provide for notice to a recipient of assistance and an opportunity | 55294 |
| for the recipient to be heard before the recipient's income tax | 55295 |
| refund is reduced. | 55296 |
| (B) The director of job and family services may enter into | 55297 |
| agreements with the federal government to collect overpayments of | 55298 |
| assistance from refunds of federal income taxes that are payable | 55299 |
| to recipients of the overpayments. | 55300 |
| Sec. 5101.21. (A) As used in this section, "county signer" | 55301 |
| means all of the following: | 55302 |
| (1) A board of county commissioners; | 55303 |
| (2) A county children services board appointed under section | 55304 |
| 5153.03 of the Revised Code if required by division (B) of this | 55305 |
| section to enter into a fiscal agreement; | 55306 |
| (3) A county elected official that is a child support | 55307 |
| enforcement agency if required by division (B) of this section to | 55308 |
| enter into a fiscal agreement. | 55309 |
| (B) The director of job and family services may enter into | 55310 |
| one or more written fiscal agreements with boards of county | 55311 |
| commissioners under which financial assistance is awarded for | 55312 |
| family services duties included in the agreements. Boards of | 55313 |
| county commissioners shall select which family services duties to | 55314 |
| include in a fiscal agreement. If a board of county commissioners | 55315 |
| elects to include family services duties of a public children | 55316 |
| services agency and a county children services board appointed | 55317 |
| under section 5153.03 of the Revised Code serves as the county's | 55318 |
| public children services agency, the board of county commissioners | 55319 |
| and county children services board shall jointly enter into the | 55320 |
| fiscal agreement with the director. If a board of county | 55321 |
| commissioners elects to include family services duties of a child | 55322 |
| support enforcement agency and the entity designated under former | 55323 |
| section 2301.35 of the Revised Code prior to October 1, 1997, or | 55324 |
| designated under section 307.981 of the Revised Code as the | 55325 |
| county's child support enforcement agency is an elected official | 55326 |
| of the county, the board of county commissioners and county | 55327 |
| elected official shall jointly enter into the fiscal agreement | 55328 |
| with the director. A fiscal agreement shall do all of the | 55329 |
| following: | 55330 |
| (1) Specify the family services duties included in the | 55331 |
| agreement and the private and government entities designated under | 55332 |
| section 307.981 of the Revised Code to serve as the county family | 55333 |
| services agencies performing the family services duties; | 55334 |
| (2) Provide for the department of job and family services to | 55335 |
| award financial assistance for the family services duties included | 55336 |
| in the agreement in accordance with a methodology for determining | 55337 |
| the amount of the award established by rules adopted under | 55338 |
| division (D) of this section; | 55339 |
| (3) Specify the form of the award of financial assistance | 55340 |
| which may be an allocation, cash draw, reimbursement, property, | 55341 |
| or, to the extent authorized by an appropriation made by the | 55342 |
| general assembly and to the extent practicable and not in conflict | 55343 |
| with a federal or state law, a consolidated funding allocation for | 55344 |
| two or more family services duties included in the agreement; | 55345 |
| (4) Provide that the award of financial assistance is subject | 55346 |
| to the availability of federal funds and appropriations made by | 55347 |
| the general assembly; | 55348 |
| (5) Specify annual financial, administrative, or other | 55349 |
| incentive awards, if any, to be provided in accordance with | 55350 |
| section 5101.23 of the Revised Code; | 55351 |
| (6) Include the assurance of each county signer that the | 55352 |
| county signer will do all of the following: | 55353 |
| (a) Ensure that the financial assistance awarded under the | 55354 |
| agreement is used, and the family services duties included in the | 55355 |
| agreement are performed, in accordance with requirements for the | 55356 |
| duties established by the department, a federal or state law, or | 55357 |
| any of the following that concern the family services duties | 55358 |
| included in the fiscal agreement and are published under section | 55359 |
| 5101.212 of the Revised Code: state plans for receipt of federal | 55360 |
| financial participation, grant agreements between the department | 55361 |
| and a federal agency, and executive orders issued by the governor; | 55362 |
| (b) Ensure that the board and county family services agencies | 55363 |
| utilize a financial management system and other accountability | 55364 |
| mechanisms for the financial assistance awarded under the | 55365 |
| agreement that meet requirements the department establishes; | 55366 |
| (c) Require the county family services agencies to do both of | 55367 |
| the following: | 55368 |
| (i) Monitor all private and government entities that receive | 55369 |
| a payment from financial assistance awarded under the agreement to | 55370 |
| ensure that each entity uses the payment in accordance with | 55371 |
| requirements for the family services duties included in the | 55372 |
| agreement; | 55373 |
| (ii) Take action to recover payments that are not used in | 55374 |
| accordance with the requirements for the family services duties | 55375 |
| included in the agreement. | 55376 |
| (d) Require county family services agencies to promptly | 55377 |
| reimburse the department the amount that represents the amount an | 55378 |
| agency is responsible for, pursuant to action the department takes | 55379 |
| under division (C) of section 5101.24 of the Revised Code, of | 55380 |
| funds the department pays to any entity because of an adverse | 55381 |
| audit finding, adverse quality control finding, final disallowance | 55382 |
| of federal financial participation, or other sanction or penalty; | 55383 |
| (e) Require county family services agencies to take prompt | 55384 |
| corrective action, including paying amounts resulting from an | 55385 |
| adverse finding, sanction, or penalty, if the department, auditor | 55386 |
| of state, federal agency, or other entity authorized by federal or | 55387 |
| state law to determine compliance with requirements for a family | 55388 |
| services duty included in the agreement determines compliance has | 55389 |
| not been achieved | 55390 |
| | 55391 |
| 55392 | |
| 55393 | |
| 55394 | |
| 55395 |
| (7) Provide for the department taking action pursuant to | 55396 |
| division (C) of section 5101.24 of the Revised Code if authorized | 55397 |
| by division (B)(1), (2), (3), or (4) of that section; | 55398 |
| (8) Provide for timely audits required by federal and state | 55399 |
| law and require prompt release of audit findings and prompt action | 55400 |
| to correct problems identified in an audit; | 55401 |
| (9) Comply with all of the requirements for the family | 55402 |
| services duties that are included in the agreement and have been | 55403 |
| established by the department, federal or state law, or any of the | 55404 |
| following that concern the family services duties included in the | 55405 |
| fiscal agreement and are published under section 5101.212 of the | 55406 |
| Revised Code: state plans for receipt of federal financial | 55407 |
| participation, grant agreements between the department and a | 55408 |
| federal agency, and executive orders issued by the governor; | 55409 |
| (10) Provide for dispute resolution procedures in accordance | 55410 |
| with section 5101.24 of the Revised Code; | 55411 |
| (11) Establish the method of amending or terminating the | 55412 |
| agreement and an expedited process for correcting terms or | 55413 |
| conditions of the agreement that the director and each county | 55414 |
| signer agree are erroneous; | 55415 |
| (12) Except as provided in rules adopted under division (D) | 55416 |
| of this section, begin on the first day of July of an odd-numbered | 55417 |
| year and end on the last day of June of the next odd-numbered | 55418 |
| year. | 55419 |
| (C) The department shall make payments authorized by a fiscal | 55420 |
| agreement on vouchers it prepares and may include any funds | 55421 |
| appropriated or allocated to it for carrying out family services | 55422 |
| duties included in the agreement, including funds for personal | 55423 |
| services and maintenance. | 55424 |
| (D)(1) The director shall adopt rules in accordance with | 55425 |
| section 111.15 of the Revised Code governing fiscal agreements. | 55426 |
| The director shall adopt the rules as if they were internal | 55427 |
| management rules. Before adopting the rules, the director shall | 55428 |
| give the public an opportunity to review and comment on the | 55429 |
| proposed rules. The rules shall establish methodologies to be used | 55430 |
| to determine the amount of financial assistance to be awarded | 55431 |
| under the agreements. The rules also shall establish terms and | 55432 |
| conditions under which an agreement may be entered into after the | 55433 |
| first day of July of an odd-numbered year. The rules may do any or | 55434 |
| all of the following: | 55435 |
| (a) | 55436 |
| 55437 | |
| 55438 | |
| 55439 | |
| 55440 | |
| 55441 |
| | 55442 |
| | 55443 |
| under the agreements; | 55444 |
| | 55445 |
| requirements the director determines are necessary to provide | 55446 |
| accountability for the use of financial assistance awarded under | 55447 |
| the agreements and determine compliance with requirements | 55448 |
| established by the department, a federal or state law, or any of | 55449 |
| the following that concern the family services duties included in | 55450 |
| the agreements and are published under section 5101.212 of the | 55451 |
| Revised Code: state plans for receipt of federal financial | 55452 |
| participation, grant agreements between the department and a | 55453 |
| federal entity, and executive orders issued by the governor. | 55454 |
| (2) A requirement of a fiscal agreement established by a rule | 55455 |
| adopted under this division is applicable to a fiscal agreement | 55456 |
| without having to be restated in the fiscal agreement. | 55457 |
| Sec. 5101.241. (A) As used in this section: | 55458 |
| (1) "Local area" and "chief elected official" have the same | 55459 |
| meaning as in section 5101.20 of the Revised Code. | 55460 |
| (2) "Responsible entity" means the chief elected officials of | 55461 |
| a local area. | 55462 |
| (B) The department of job and family services may take action | 55463 |
| under division (C) of this section against the responsible entity, | 55464 |
| regardless of who performs the workforce development activity, if | 55465 |
| the department determines any of the following are the case: | 55466 |
| (1) A requirement of a grant agreement entered into under | 55467 |
| section 5101.20 of the Revised Code that includes the workforce | 55468 |
| development activity, including a requirement for grant agreements | 55469 |
| established by rules adopted under that section, is not complied | 55470 |
| with; | 55471 |
| (2) A performance standard for the workforce development | 55472 |
| activity established by the federal government or the department | 55473 |
| is not met; | 55474 |
| (3) A requirement for the workforce development activity | 55475 |
| established by the department or any of the following is not | 55476 |
| complied with: a federal or state law, state plan for receipt of | 55477 |
| federal financial participation, grant agreement between the | 55478 |
| department and a federal agency, or executive order; | 55479 |
| (4) The responsible entity is solely or partially | 55480 |
| responsible, as determined by the director of job and family | 55481 |
| services, for an adverse audit finding, adverse quality control | 55482 |
| finding, final disallowance of federal financial participation, or | 55483 |
| other sanction or penalty regarding the workforce development | 55484 |
| activity. | 55485 |
| (C) The department may take one or more of the following | 55486 |
| actions against the responsible entity when authorized by division | 55487 |
| (B)(1), (2), (3), or (4) of this section: | 55488 |
| (1) Require the responsible entity to submit to and comply | 55489 |
| with a corrective action plan, established or approved by the | 55490 |
| department, pursuant to a time schedule specified by the | 55491 |
| department; | 55492 |
| (2) Require the responsible entity to do one of the | 55493 |
| following: | 55494 |
| (a) Share with the department a final disallowance of federal | 55495 |
| financial participation or other sanction or penalty; | 55496 |
| (b) Reimburse the department the amount the department pays | 55497 |
| to the federal government or another entity that represents the | 55498 |
| amount the responsible entity is responsible for of an adverse | 55499 |
| audit finding, adverse quality control finding, final disallowance | 55500 |
| of federal financial participation, or other sanction or penalty | 55501 |
| issued by the federal government, auditor of state, or other | 55502 |
| entity; | 55503 |
| (c) Pay the federal government or another entity the amount | 55504 |
| that represents the amount the responsible entity is responsible | 55505 |
| for of an adverse audit finding, adverse quality control finding, | 55506 |
| final disallowance of federal financial participation, or other | 55507 |
| sanction or penalty issued by the federal government, auditor of | 55508 |
| state, or other entity; | 55509 |
| (d) Pay the department the amount that represents the amount | 55510 |
| the responsible entity is responsible for of an adverse audit | 55511 |
| finding, adverse quality control finding, or other sanction or | 55512 |
| penalty issued by the department. | 55513 |
| (3) Impose a financial or administrative sanction or adverse | 55514 |
| audit finding issued by the department against the responsible | 55515 |
| entity, which may be increased with each subsequent action taken | 55516 |
| against the responsible entity | 55517 |
| (4) Perform or contract with a government or private entity | 55518 |
| for the entity to perform the workforce development activity until | 55519 |
| the department is satisfied that the responsible entity ensures | 55520 |
| that the activity will be performed to the department's | 55521 |
| satisfaction. If the department performs or contracts with an | 55522 |
| entity to perform the workforce development activity under | 55523 |
| division (C)(4) of this section, the department may withhold funds | 55524 |
| allocated to or reimbursements due to the responsible entity for | 55525 |
| the activity and use those funds to implement division (C)(4) of | 55526 |
| this section. | 55527 |
| (5) Request the attorney general to bring mandamus | 55528 |
| proceedings to compel the responsible entity to take or cease the | 55529 |
| actions listed in division (B) of this section. The attorney | 55530 |
| general shall bring any mandamus proceedings in the Franklin | 55531 |
| county court of appeals at the department's request. | 55532 |
| (6) If the department takes action under this division | 55533 |
| because of division (B)(3) of this section, withhold funds | 55534 |
| allocated or reimbursement due to the responsible entity until the | 55535 |
| department determines that the responsible entity is in compliance | 55536 |
| with the requirement. The department shall release the funds when | 55537 |
| the department determines that compliance has been achieved. | 55538 |
| (7) Issue a notice of intent to revoke approval of all or | 55539 |
| part of the local plan effected that conflicts with state or | 55540 |
| federal law and effectuate the revocation. | 55541 |
| (D) The department shall notify the responsible entity and | 55542 |
| the appropriate county auditor when the department proposes to | 55543 |
| take action under division (C) of this section. The notice shall | 55544 |
| be in writing and specify the action the department proposes to | 55545 |
| take. The department shall send the notice by regular United | 55546 |
| States mail. Except as provided in division (E) of this section, | 55547 |
| the responsible entity may request an administrative review of a | 55548 |
| proposed action in accordance with administrative review | 55549 |
| procedures the department shall establish. The administrative | 55550 |
| review procedures shall comply with all of the following: | 55551 |
| (1) A request for an administrative review shall state | 55552 |
| specifically all of the following: | 55553 |
| (a) The proposed action specified in the notice from the | 55554 |
| department for which the review is requested; | 55555 |
| (b) The reason why the responsible entity believes the | 55556 |
| proposed action is inappropriate; | 55557 |
| (c) All facts and legal arguments that the responsible entity | 55558 |
| wants the department to consider; | 55559 |
| (d) The name of the person who will serve as the responsible | 55560 |
| entity's representative in the review. | 55561 |
| (2) If the department's notice specifies more than one | 55562 |
| proposed action and the responsible entity does not specify all of | 55563 |
| the proposed actions in its request pursuant to division (D)(1)(a) | 55564 |
| of this section, the proposed actions not specified in the request | 55565 |
| shall not be subject to administrative review and the parts of the | 55566 |
| notice regarding those proposed actions shall be final and binding | 55567 |
| on the responsible entity. | 55568 |
| (3) | 55569 |
| 55570 | |
| calendar days after the department mails the notice to the | 55571 |
| responsible entity to send a written request to the department for | 55572 |
| an administrative review. | 55573 |
| 55574 | |
| 55575 | |
| 55576 | |
| 55577 | |
| 55578 | |
| 55579 | |
| department shall attempt to resolve informally any dispute and may | 55580 |
| develop a written resolution to the dispute at any time prior to | 55581 |
| submitting the written report described in division (D)(7) of this | 55582 |
| section to the director. | 55583 |
| (4) | 55584 |
| 55585 | |
| 55586 | |
| 55587 | |
| 55588 | |
| 55589 | |
| 55590 | |
| 55591 | |
| 55592 | |
| 55593 | |
| 55594 |
| | 55595 |
| this section, the responsible entity may not include in its | 55596 |
| request disputes over a finding, final disallowance of federal | 55597 |
| financial participation, or other sanction or penalty issued by | 55598 |
| the federal government, auditor of state, or other entity other | 55599 |
| than the department. | 55600 |
| | 55601 |
| administrative review within the required time, the responsible | 55602 |
| entity loses the right to request an administrative review of the | 55603 |
| proposed actions specified in the notice and the notice becomes | 55604 |
| final and binding on the responsible entity. | 55605 |
| | 55606 |
| 55607 | |
| 55608 | |
| appoint an administrative review panel to conduct the | 55609 |
| administrative review. The review panel shall consist of | 55610 |
| department employees who are not involved in the department's | 55611 |
| proposal to take action against the responsible entity. The review | 55612 |
| panel shall review the responsible entity's request. The review | 55613 |
| panel may require that the department or responsible entity submit | 55614 |
| additional information and schedule and conduct an informal | 55615 |
| hearing to obtain testimony or additional evidence. A review of a | 55616 |
| proposal to take action under division (C)(2) of this section | 55617 |
| shall be limited solely to the issue of the amount the responsible | 55618 |
| entity shall share with the department, reimburse the department, | 55619 |
| or pay to the federal government, department, or other entity | 55620 |
| under division (C)(2) of this section. The review panel is not | 55621 |
| required to make a stenographic record of its hearing or other | 55622 |
| proceedings. | 55623 |
| | 55624 |
| administrative review panel appointed under division (D) | 55625 |
| this section shall submit a written report to the director setting | 55626 |
| forth its findings of fact, conclusions of law, and | 55627 |
| recommendations for action. The director may approve, modify, or | 55628 |
| disapprove the recommendations. | 55629 |
| 55630 | |
| 55631 | |
| 55632 |
| | 55633 |
| under division (D) | 55634 |
| binding on the responsible entity and shall not be subject to | 55635 |
| further | 55636 |
| (E) The responsible entity is not entitled to an | 55637 |
| administrative review under division (D) of this section for any | 55638 |
| of the following: | 55639 |
| (1) An action taken under division (C)(5) or (6) of this | 55640 |
| section; | 55641 |
| (2) An action taken under section 5101.242 of the Revised | 55642 |
| Code; | 55643 |
| (3) An action taken under division (C)(2) of this section if | 55644 |
| the federal government, auditor of state, or entity other than the | 55645 |
| department has identified the responsible entity as being solely | 55646 |
| or partially responsible for an adverse audit finding, adverse | 55647 |
| quality control finding, final disallowance of federal financial | 55648 |
| participation, or other sanction or penalty; | 55649 |
| (4) An adjustment to an allocation, cash draw, advance, or | 55650 |
| reimbursement to the responsible entity's local area that the | 55651 |
| department determines necessary for budgetary reasons; | 55652 |
| (5) Withholding of a cash draw or reimbursement due to | 55653 |
| noncompliance with a reporting requirement established in rules | 55654 |
| adopted under section 5101.243 of the Revised Code. | 55655 |
| (F) This section does not apply to other actions the | 55656 |
| department takes against the responsible entity pursuant to | 55657 |
| authority granted by another state law unless the other state law | 55658 |
| requires the department to take the action in accordance with this | 55659 |
| section. | 55660 |
| (G) The director of job and family services may adopt rules | 55661 |
| in accordance with Chapter 119. of the Revised Code as necessary | 55662 |
| to implement this section. | 55663 |
| (H) The governor may decertify a local workforce development | 55664 |
| board for any of the following reasons in accordance with | 55665 |
| subsection (e) of section 117 of the "Workforce Investment Act of | 55666 |
| 1998" 112 Stat. 936, 29 U.S.C. 2801, as amended: | 55667 |
| (1) Fraud or abuse; | 55668 |
| (2) Failure to carry out the requirements of the federal | 55669 |
| "Workforce Investment Act," 112 Stat. 936, 29 U.S.C. 2801, as | 55670 |
| amended, including failure to meet performance standards | 55671 |
| established by the federal government for two consecutive years. | 55672 |
| If the governor finds that access to basic "Workforce | 55673 |
| Investment Act" services is not being provided in a local area, | 55674 |
| the governor may declare an emergency and, in consultation with | 55675 |
| the chief elected officials of the local area affected, arrange | 55676 |
| for provision of these services through an alternative entity | 55677 |
| during the time period in which resolution of the problem | 55678 |
| preventing service delivery in the local area is pending. An | 55679 |
| action taken by the governor pursuant to this section is not | 55680 |
| subject to appeal under this section. | 55681 |
| Sec. 5101.244. If a county family services agency submits an | 55682 |
| expenditure report to the department of job and family services | 55683 |
| and the department subsequently determines that an allocation, | 55684 |
| advance, or reimbursement the department makes to the agency, or a | 55685 |
| cash draw the agency makes, for an expenditure exceeds the | 55686 |
| allowable amount for the expenditure, the department may adjust, | 55687 |
| offset, withhold, or reduce an allocation, cash draw, advance, | 55688 |
| reimbursement, or other financial assistance to the agency as | 55689 |
| necessary to recover the amount of the excess allocation, advance, | 55690 |
| reimbursement, or cash draw. The department is not required to | 55691 |
| make the adjustment, offset, withholding, or reduction in | 55692 |
| accordance with section 5101.24 of the Revised Code. | 55693 |
| The director of job and family services may adopt rules under | 55694 |
| section 111.15 of the Revised Code as necessary to implement this | 55695 |
| section. The director shall adopt the rules as if they were | 55696 |
| internal management rules. | 55697 |
| Sec. 5101.26. As used in this section and in sections | 55698 |
| 5101.27 to 5101.30 of the Revised Code: | 55699 |
| (A) "County agency" means a county department of job and | 55700 |
| family services or a public children services agency. | 55701 |
| (B) "Fugitive felon" means an individual who is fleeing to | 55702 |
| avoid prosecution, or custody or confinement after conviction, | 55703 |
| under the laws of the place from which the individual is fleeing, | 55704 |
| for a crime or an attempt to commit a crime that is a felony under | 55705 |
| the laws of the place from which the individual is fleeing or, in | 55706 |
| the case of New Jersey, a high misdemeanor, regardless of whether | 55707 |
| the individual has departed from the individual's usual place of | 55708 |
| residence. | 55709 |
| (C) "Information" means records as defined in section 149.011 | 55710 |
| of the Revised Code, any other documents in any format, and data | 55711 |
| derived from records and documents that are generated, acquired, | 55712 |
| or maintained by the department of job and family services, a | 55713 |
| county agency, or an entity performing duties on behalf of the | 55714 |
| department or a county agency. | 55715 |
| (D) "Law enforcement agency" means the state highway patrol, | 55716 |
| an agency that employs peace officers as defined in section 109.71 | 55717 |
| of the Revised Code, the adult parole authority, a county | 55718 |
| department of probation, a prosecuting attorney, the attorney | 55719 |
| general, similar agencies of other states, federal law enforcement | 55720 |
| agencies, and postal inspectors. "Law enforcement agency" includes | 55721 |
| the peace officers and other law enforcement officers employed by | 55722 |
| the agency. | 55723 |
| (E) "Medical assistance provided under a public assistance | 55724 |
| program" means medical assistance provided under the programs | 55725 |
| established under sections 5101.49, 5101.50 to 5101.503, and | 55726 |
| 5101.51 to 5101.5110, | 55727 |
| other provision of the Revised Code. | 55728 |
| (F) "Public assistance" means financial assistance, medical | 55729 |
| assistance, or social services provided under a program | 55730 |
| administered by the department of job and family services or a | 55731 |
| county agency pursuant to Chapter 329., 5101., 5104., 5107., | 55732 |
| 5108., 5111., or 5115. of the Revised Code or an executive order | 55733 |
| issued under section 107.17 of the Revised Code. | 55734 |
| (G) "Public assistance recipient" means an applicant for or | 55735 |
| recipient or former recipient of public assistance. | 55736 |
| Sec. 5101.31. Any record, data, pricing information, or other | 55737 |
| information regarding a drug rebate agreement or a supplemental | 55738 |
| drug rebate agreement for the medicaid program established under | 55739 |
| Chapter 5111. of the Revised Code | 55740 |
| 55741 | |
| 55742 | |
| receives from a pharmaceutical manufacturer or creates pursuant to | 55743 |
| negotiation of the agreement is not a public record under section | 55744 |
| 149.43 of the Revised Code and shall be treated by the department | 55745 |
| as confidential information. | 55746 |
| Sec. 5101.35. (A) As used in this section: | 55747 |
| (1) "Agency" means the following entities that administer a | 55748 |
| family services program: | 55749 |
| (a) The department of job and family services; | 55750 |
| (b) A county department of job and family services; | 55751 |
| (c) A public children services agency; | 55752 |
| (d) A private or government entity administering, in whole or | 55753 |
| in part, a family services program for or on behalf of the | 55754 |
| department of job and family services or a county department of | 55755 |
| job and family services or public children services agency. | 55756 |
| (2) "Appellant" means an applicant, participant, former | 55757 |
| participant, recipient, or former recipient of a family services | 55758 |
| program who is entitled by federal or state law to a hearing | 55759 |
| regarding a decision or order of the agency that administers the | 55760 |
| program. | 55761 |
| (3) "Family services program" means assistance provided under | 55762 |
| a Title IV-A program as defined in section 5101.80 of the Revised | 55763 |
| Code or under Chapter 5104., 5111., or 5115. or section 173.35, | 55764 |
| 5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or 5153.165 of the | 55765 |
| Revised Code, other than assistance provided under section 5101.46 | 55766 |
| of the Revised Code by the department of mental health, the | 55767 |
| department of mental retardation and developmental disabilities, a | 55768 |
| board of alcohol, drug addiction, and mental health services, or a | 55769 |
| county board of mental retardation and developmental disabilities. | 55770 |
| (B)
Except as provided
by | 55771 |
| this section, an appellant who appeals under federal or state law | 55772 |
| a decision or order of an agency administering a family services | 55773 |
| program shall, at the appellant's request, be granted a state | 55774 |
| hearing by the department of job and family services. This state | 55775 |
| hearing shall be conducted in accordance with rules adopted under | 55776 |
| this section. The state hearing shall be tape-recorded, but | 55777 |
| neither the recording nor a transcript of the recording shall be | 55778 |
| part of the official record of the proceeding. A state hearing | 55779 |
| decision is binding upon the agency and department, unless it is | 55780 |
| reversed or modified on appeal to the director of job and family | 55781 |
| services or a court of common pleas. | 55782 |
| (C) Except as provided by division (G) of this section, an | 55783 |
| appellant who disagrees with a state hearing decision may make an | 55784 |
| administrative appeal to the director of job and family services | 55785 |
| in accordance with rules adopted under this section. This | 55786 |
| administrative appeal does not require a hearing, but the director | 55787 |
| or the director's designee shall review the state hearing decision | 55788 |
| and previous administrative action and may affirm, modify, remand, | 55789 |
| or reverse the state hearing decision. Any person designated to | 55790 |
| make an administrative appeal decision on behalf of the director | 55791 |
| shall have been admitted to the practice of law in this state. An | 55792 |
| administrative appeal decision is the final decision of the | 55793 |
| department and is binding upon the department and agency, unless | 55794 |
| it is reversed or modified on appeal to the court of common pleas. | 55795 |
| (D) An agency shall comply with a decision issued pursuant to | 55796 |
| division (B) or (C) of this section within the time limits | 55797 |
| established by rules adopted under this section. If a county | 55798 |
| department of job and family services or a public children | 55799 |
| services agency fails to comply within these time limits, the | 55800 |
| department may take action pursuant to section 5101.24 of the | 55801 |
| Revised Code. If another agency fails to comply within the time | 55802 |
| limits, the department may force compliance by withholding funds | 55803 |
| due the agency or imposing another sanction established by rules | 55804 |
| adopted under this section. | 55805 |
| (E) An appellant who disagrees with an administrative appeal | 55806 |
| decision of the director of job and family services or the | 55807 |
| director's designee issued under division (C) of this section may | 55808 |
| appeal from the decision to the court of common pleas pursuant to | 55809 |
| section 119.12 of the Revised Code. The appeal shall be governed | 55810 |
| by section 119.12 of the Revised Code except that: | 55811 |
| (1) The person may appeal to the court of common pleas of the | 55812 |
| county in which the person resides, or to the court of common | 55813 |
| pleas of Franklin county if the person does not reside in this | 55814 |
| state. | 55815 |
| (2) The person may apply to the court for designation as an | 55816 |
| indigent and, if the court grants this application, the appellant | 55817 |
| shall not be required to furnish the costs of the appeal. | 55818 |
| (3) The appellant shall mail the notice of appeal to the | 55819 |
| department of job and family services and file notice of appeal | 55820 |
| with the court within thirty days after the department mails the | 55821 |
| administrative appeal decision to the appellant. For good cause | 55822 |
| shown, the court may extend the time for mailing and filing notice | 55823 |
| of appeal, but such time shall not exceed six months from the date | 55824 |
| the department mails the administrative appeal decision. Filing | 55825 |
| notice of appeal with the court shall be the only act necessary to | 55826 |
| vest jurisdiction in the court. | 55827 |
| (4) The department shall be required to file a transcript of | 55828 |
| the testimony of the state hearing with the court only if the | 55829 |
| court orders the department to file the transcript. The court | 55830 |
| shall make such an order only if it finds that the department and | 55831 |
| the appellant are unable to stipulate to the facts of the case and | 55832 |
| that the transcript is essential to a determination of the appeal. | 55833 |
| The department shall file the transcript not later than thirty | 55834 |
| days after the day such an order is issued. | 55835 |
| (F) The department of job and family services shall adopt | 55836 |
| rules in accordance with Chapter 119. of the Revised Code to | 55837 |
| implement this section, including rules governing the following: | 55838 |
| (1) State hearings under division (B) of this section. The | 55839 |
| rules shall include provisions regarding notice of eligibility | 55840 |
| termination and the opportunity of an appellant appealing a | 55841 |
| decision or order of a county department of job and family | 55842 |
| services to request a county conference with the county department | 55843 |
| before the state hearing is held. | 55844 |
| (2) Administrative appeals under division (C) of this | 55845 |
| section; | 55846 |
| (3) Time limits for complying with a decision issued under | 55847 |
| division (B) or (C) of this section; | 55848 |
| (4) Sanctions that may be applied against an agency under | 55849 |
| division (D) of this section. | 55850 |
| (G) The department of job and family services may adopt rules | 55851 |
| in accordance with Chapter 119. of the Revised Code establishing | 55852 |
| an appeals process for an appellant who appeals a decision or | 55853 |
| order regarding a Title IV-A program identified under division | 55854 |
|
(A) | 55855 |
| Revised Code that is different from the appeals process | 55856 |
| established by this section. The different appeals process may | 55857 |
| include having a state agency that administers the Title IV-A | 55858 |
| program pursuant to an interagency agreement entered into under | 55859 |
| section 5101.801 of the Revised Code administer the appeals | 55860 |
| process. | 55861 |
| (H) If an appellant receiving medicaid through a health | 55862 |
| insuring corporation that holds a certificate of authority under | 55863 |
| Chapter 1751. of the Revised Code is appealing a denial of | 55864 |
| medicaid services based on lack of medical necessity or other | 55865 |
| clinical issues regarding coverage by the health insuring | 55866 |
| corporation, the person hearing the appeal may order an | 55867 |
| independent medical review if that person determines that a review | 55868 |
| is necessary. The review shall be performed by a health care | 55869 |
| professional with appropriate clinical expertise in treating the | 55870 |
| recipient's condition or disease. The department shall pay the | 55871 |
| costs associated with the review. | 55872 |
| A review ordered under this division shall be part of the | 55873 |
| record of the hearing and shall be given appropriate evidentiary | 55874 |
| consideration by the person hearing the appeal. | 55875 |
| (I) The requirements of Chapter 119. of the Revised Code | 55876 |
| apply to a state hearing or administrative appeal under this | 55877 |
| section only to the extent, if any, specifically provided by rules | 55878 |
| adopted under this section. | 55879 |
| Sec. 5101.36. Any application for public assistance gives a | 55880 |
| right of subrogation to the department of job and family services | 55881 |
| for any workers' compensation benefits payable to a person who is | 55882 |
| subject to a support order, as defined in section 3119.01 of the | 55883 |
| Revised Code, on behalf of the applicant, to the extent of any | 55884 |
| public assistance payments made on the applicant's behalf. If the | 55885 |
| director of job and family services, in consultation with a child | 55886 |
| support enforcement agency and the administrator of the bureau of | 55887 |
| workers' compensation, determines that a person responsible for | 55888 |
| support payments to a recipient of public assistance is receiving | 55889 |
| workers' compensation, the director shall notify the administrator | 55890 |
| of the amount of the benefit to be paid to the department of job | 55891 |
| and family services. | 55892 |
| For purposes of this section, "public assistance" means | 55893 |
| medical assistance provided through the medical assistance program | 55894 |
| established under section 5111.01 of the Revised Code; Ohio works | 55895 |
| first provided under Chapter 5107. of the Revised Code; | 55896 |
| prevention, retention, and contingency benefits and services | 55897 |
| provided under Chapter 5108. of the Revised Code; disability | 55898 |
| financial assistance provided under Chapter 5115. of the Revised | 55899 |
| Code; or disability medical assistance provided under former | 55900 |
| Chapter 5115. of the Revised Code. | 55901 |
| Sec. 5101.46. (A) As used in this section: | 55902 |
| (1) "Title XX" means Title XX of the "Social Security Act," | 55903 |
| 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended. | 55904 |
| (2) "Respective local agency" means, with respect to the | 55905 |
| department of job and family services, a county department of job | 55906 |
| and family services; with respect to the department of mental | 55907 |
| health, a board of alcohol, drug addiction, and mental health | 55908 |
| services; and with respect to the department of mental retardation | 55909 |
| and developmental disabilities, a county board of mental | 55910 |
| retardation and developmental disabilities. | 55911 |
| (3) "Federal poverty guidelines" means the poverty guidelines | 55912 |
| as revised annually by the United States department of health and | 55913 |
| human services in accordance with section 673(2) of the "Omnibus | 55914 |
| Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. | 55915 |
| 9902, as amended, for a family size equal to the size of the | 55916 |
| family of the person whose income is being determined. | 55917 |
| (B) The departments of job and family services, mental | 55918 |
| health, and mental retardation and developmental disabilities, | 55919 |
| with their respective local agencies, shall administer the | 55920 |
| provision of social services funded through grants made under | 55921 |
| Title XX. The social services furnished with Title XX funds shall | 55922 |
| be directed at the following goals: | 55923 |
| (1) Achieving or maintaining economic self-support to | 55924 |
| prevent, reduce, or eliminate dependency; | 55925 |
| (2) Achieving or maintaining self-sufficiency, including | 55926 |
| reduction or prevention of dependency; | 55927 |
| (3) Preventing or remedying neglect, abuse, or exploitation | 55928 |
| of children and adults unable to protect their own interests, or | 55929 |
| preserving, rehabilitating, or reuniting families; | 55930 |
| (4) Preventing or reducing inappropriate institutional care | 55931 |
| by providing for community-based care, home-based care, or other | 55932 |
| forms of less intensive care; | 55933 |
| (5) Securing referral or admission for institutional care | 55934 |
| when other forms of care are not appropriate, or providing | 55935 |
| services to individuals in institutions. | 55936 |
| (C)(1) All federal funds received under Title XX shall be | 55937 |
| appropriated as follows: | 55938 |
| (a) Seventy-two and one-half per cent to the department of | 55939 |
| job and family services; | 55940 |
| (b) Twelve and ninety-three one-hundreths per cent to the | 55941 |
| department of mental health; | 55942 |
| (c) Fourteen and fifty-seven one-hundreths per cent to the | 55943 |
| department of mental retardation and developmental disabilities. | 55944 |
| (2) Each state department shall, subject to the approval of | 55945 |
| the controlling board, develop formulas for the distribution of | 55946 |
| their Title XX appropriations to their respective local agencies. | 55947 |
| The formulas shall take into account the total population of the | 55948 |
| area that is served by the agency, the percentage of the | 55949 |
| population in the area that falls below the federal poverty | 55950 |
| guidelines, and the agency's history of and ability to utilize | 55951 |
| Title XX funds. | 55952 |
| (3) Each of the state departments shall expend no more than | 55953 |
| three per cent of its Title XX appropriation for state | 55954 |
| administrative costs. Each of the department's respective local | 55955 |
| agencies shall expend no more than fourteen per cent of its Title | 55956 |
| XX appropriation for local administrative costs. | 55957 |
| (4) The department of job and family services shall expend no | 55958 |
| more than two per cent of its Title XX appropriation for the | 55959 |
| training of the following: | 55960 |
| (a) Employees of county departments of job and family | 55961 |
| services; | 55962 |
| (b) Providers of services under contract with the state | 55963 |
| departments' respective local agencies; | 55964 |
| (c) Employees of a public children services agency directly | 55965 |
| engaged in providing Title XX services. | 55966 |
| (D) The department of job and family services shall prepare a | 55967 |
| biennial comprehensive Title XX social services plan on the | 55968 |
| intended use of Title XX funds. The department shall develop a | 55969 |
| method for obtaining public comment during the development of the | 55970 |
| plan and following its completion. | 55971 |
| For each state fiscal year, the department of job and family | 55972 |
| services shall prepare a report on the actual use of Title XX | 55973 |
| funds. The department shall make the annual report available for | 55974 |
| public inspection. | 55975 |
| The departments of mental health and mental retardation and | 55976 |
| developmental disabilities shall prepare and submit to the | 55977 |
| department of job and family services the portions of each | 55978 |
| biennial plan and annual report that apply to services for mental | 55979 |
| health and mental retardation and developmental disabilities. Each | 55980 |
| respective local agency of the three state departments shall | 55981 |
| submit information as necessary for the preparation of biennial | 55982 |
| plans and annual reports. | 55983 |
| (E) Each county department shall adopt a county profile for | 55984 |
| the administration and provision of Title XX social services in | 55985 |
| the county. In developing its county profile, the county | 55986 |
| department shall take into consideration the comments and | 55987 |
| recommendations received from the public by the county family | 55988 |
| services planning committee pursuant to section 329.06 of the | 55989 |
| Revised Code. As part of its preparation of the county profile, | 55990 |
| the county department may prepare a local needs report analyzing | 55991 |
| the need for Title XX social services. | 55992 |
| The county department shall submit the county profile to the | 55993 |
| board of county commissioners for its review. Once the county | 55994 |
| profile has been approved by the board, the county department | 55995 |
| shall file a copy of the county profile with the department of job | 55996 |
| and family services. The department shall approve the county | 55997 |
| profile if the department determines the profile provides for the | 55998 |
| Title XX social services to meet the goals specified in division | 55999 |
| (B) of this section. | 56000 |
| (F) | 56001 |
| 56002 | |
| 56003 | |
| 56004 | |
| 56005 | |
| 56006 | |
| 56007 | |
| 56008 | |
| 56009 |
| | 56010 |
| local agencies may require that an entity under contract to | 56011 |
| provide social services with Title XX funds submit to an audit on | 56012 |
| the basis of
alleged misuse or improper accounting of funds. | 56013 |
| If an audit is required, the social services provider shall | 56014 |
| reimburse the state department or local agency for the cost it | 56015 |
| incurred in conducting the audit or having the audit conducted. | 56016 |
| If an audit demonstrates that a social services provider is | 56017 |
| responsible for one or more adverse findings, the provider shall | 56018 |
| reimburse the appropriate state department or its respective local | 56019 |
| agency the amount of the adverse findings. The amount shall not be | 56020 |
| reimbursed with Title XX funds received under this section. The | 56021 |
| three state departments and their respective local agencies may | 56022 |
| terminate or refuse to enter into a Title XX contract with a | 56023 |
| 56024 | |
| in an audit that
are the responsibility of the provider. | 56025 |
| 56026 | |
| 56027 | |
| 56028 |
| | 56029 |
| 56030 | |
| 56031 | |
| 56032 | |
| 56033 | |
| 56034 | |
| 56035 |
| | 56036 |
| 56037 |
| | 56038 |
| 56039 | |
| 56040 | |
| 56041 |
| | 56042 |
| 56043 | |
| 56044 | |
| 56045 | |
| 56046 | |
| 56047 |
| | 56048 |
|
rules
| 56049 |
| section. Rules | 56050 |
| 56051 | |
| 56052 | |
| 56053 | |
| the department or matters between the department and county | 56054 |
| departments of job and family services shall be adopted as | 56055 |
| internal management rules | 56056 |
| section 111.15 of the Revised Code. Rules governing eligibility | 56057 |
| for services, program participation, and other matters pertaining | 56058 |
| to applicants and participants shall be adopted in accordance with | 56059 |
| Chapter 119. of the Revised Code. | 56060 |
| Sec. 5101.461. (A) As used in this section: | 56061 |
| (1) "Title IV-A" means Title IV-A of the "Social Security | 56062 |
| Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended. | 56063 |
| (2) "Title XX" has the same meaning as in section 5101.46 of | 56064 |
| the Revised Code. | 56065 |
| (B) To the extent authorized by federal law, the department | 56066 |
| of job and family services may use funds received through the | 56067 |
| Title IV-A temporary assistance for needy families block grant for | 56068 |
| purposes of providing Title XX social services. The amount used | 56069 |
| under this section shall not exceed the maximum amount permitted | 56070 |
| by federal law. The funds and provision of Title XX social | 56071 |
| services with the funds are not subject to section 5101.46 of the | 56072 |
| Revised Code. | 56073 |
| (C) The department and any county department of job and | 56074 |
| family services may require an entity under contract to provide | 56075 |
| Title XX social services with funds used under this section to | 56076 |
| submit to an audit on the basis of alleged misuse or improper | 56077 |
| accounting of funds. If an audit is required, the social services | 56078 |
| provider shall reimburse the state department or county department | 56079 |
| for the cost it incurred in conducting the audit or having the | 56080 |
| audit conducted. | 56081 |
| If an audit demonstrates that a social services provider is | 56082 |
| responsible for one or more adverse findings, the provider shall | 56083 |
| reimburse the state department or county department the amount of | 56084 |
| the adverse findings. The amount shall not be reimbursed with | 56085 |
| funds received under this section. The state department and county | 56086 |
| departments may terminate or refuse to enter into a contract with | 56087 |
| a social services provider to provide services with funds | 56088 |
| available pursuant to this section if there are adverse findings | 56089 |
| in an audit that are the responsibility of the provider. | 56090 |
| (D) The state department of job and family services may adopt | 56091 |
| rules to implement and carry out the purposes of this section. | 56092 |
| Rules governing financial and operational matters of the | 56093 |
| department or matters between the department and county | 56094 |
| departments of job and family services shall be adopted as | 56095 |
| internal management rules in accordance with section 111.15 of the | 56096 |
| Revised Code. Rules governing eligibility for services, program | 56097 |
| participation, and other matters pertaining to applicants and | 56098 |
| participants shall be adopted in accordance with Chapter 119. of | 56099 |
| the Revised Code. | 56100 |
| Sec. 5101.47. (A) | 56101 |
| this section, the director of job and family services may accept | 56102 |
| applications, determine eligibility, redetermine eligibility, and | 56103 |
| perform related administrative activities for one or more of the | 56104 |
| following: | 56105 |
| (1) The medicaid program established by Chapter 5111. of the | 56106 |
| Revised Code; | 56107 |
| (2) The children's health insurance program parts I and II | 56108 |
| provided for under sections 5101.50 and 5101.51 of the Revised | 56109 |
| Code; | 56110 |
| (3) Publicly funded child care provided under Chapter 5104. | 56111 |
| of the Revised Code; | 56112 |
| (4) The food stamp program administered by the department of | 56113 |
| job and family services pursuant to section 5101.54 of the Revised | 56114 |
| Code; | 56115 |
| (5) Other programs the director determines are supportive of | 56116 |
|
children, adults, or families | 56117 |
| (6) Other programs regarding which the director determines | 56118 |
| administrative cost savings and efficiency may be achieved through | 56119 |
| the department accepting applications, determining eligibility, | 56120 |
| redetermining eligibility, or performing related administrative | 56121 |
| activities. | 56122 |
| (B) If federal law requires a face-to-face interview to | 56123 |
| complete an eligibility determination for a program specified in | 56124 |
| or pursuant to division (A) of this section, the face-to-face | 56125 |
| interview shall not be conducted by the department of job and | 56126 |
| family services. | 56127 |
| (C) Subject to division (B) of this section, if the director | 56128 |
| elects to accept applications, determine eligibility, redetermine | 56129 |
| eligibility, and perform related administrative activities for a | 56130 |
| program specified in or pursuant to division (A) of this section, | 56131 |
| both of the following apply: | 56132 |
| (1) An individual seeking services under the program may | 56133 |
| apply for the program to the director or to the entity that state | 56134 |
| law governing the program authorizes to accept applications for | 56135 |
| the program. | 56136 |
| (2) The director is subject to federal statutes and | 56137 |
| regulations and state | 56138 |
| or prohibit an action regarding accepting applications, | 56139 |
| determining or redetermining eligibility, and performing related | 56140 |
| administrative activities for the program. | 56141 |
| | 56142 |
| this section. | 56143 |
| Sec. 5101.80. (A) As used in this section and in section | 56144 |
| 5101.801 of the Revised Code: | 56145 |
| (1) "County family services agency" has the same meaning as | 56146 |
| in section 307.981 of the Revised Code. | 56147 |
| (2) "State agency" has the same meaning as in section 9.82 of | 56148 |
| the Revised Code. | 56149 |
| (3) "Title IV-A administrative agency" means both of the | 56150 |
| following: | 56151 |
| (a) A county family services agency or state agency | 56152 |
| administering a Title IV-A program under the supervision of the | 56153 |
| department of job and family services; | 56154 |
| (b) A government agency or private, not-for-profit entity | 56155 |
| administering a project funded in whole or in part with funds | 56156 |
| provided under the Title IV-A demonstration program created under | 56157 |
| section 5101.803 of the Revised Code. | 56158 |
| (4) "Title IV-A program" means all of the following that are | 56159 |
| funded in part with funds provided under the temporary assistance | 56160 |
| for needy families block grant established by Title IV-A of the | 56161 |
| "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as | 56162 |
| amended: | 56163 |
| (a) The Ohio works first program established under Chapter | 56164 |
| 5107. of the Revised Code; | 56165 |
| (b) The prevention, retention, and contingency program | 56166 |
| established under Chapter 5108. of the Revised Code; | 56167 |
| (c) A program established by the general assembly or an | 56168 |
| executive order issued by the governor that is administered or | 56169 |
| supervised by the department of job and family services pursuant | 56170 |
| to section 5101.801 of the Revised Code; | 56171 |
| (d) The kinship permanency incentive program created under | 56172 |
| section 5101.802 of the Revised Code; | 56173 |
| (e) The Title IV-A demonstration program created under | 56174 |
| section 5101.803 of the Revised Code; | 56175 |
| (f) A component of a Title IV-A program identified under | 56176 |
|
divisions (A) | 56177 |
| IV-A state plan prepared under division (C)(1) of this section | 56178 |
| identifies as a component. | 56179 |
| (B) The department of job and family services shall act as | 56180 |
| the single state agency to administer and supervise the | 56181 |
| administration of Title IV-A programs. The Title IV-A state plan | 56182 |
| and amendments to the plan prepared under division (C) of this | 56183 |
|
section are binding on | 56184 |
| 56185 | |
| agencies. No | 56186 |
| 56187 | |
| establish, by rule or otherwise, a policy governing | 56188 |
| IV-A program that is inconsistent with a Title IV-A program policy | 56189 |
| established, in rule or otherwise, by the director of job and | 56190 |
| family services. | 56191 |
| (C) The department of job and family services shall do all of | 56192 |
| the following: | 56193 |
| (1) Prepare and submit to the United States secretary of | 56194 |
| health and human services a Title IV-A state plan for Title IV-A | 56195 |
| programs; | 56196 |
| (2) Prepare and submit to the United States secretary of | 56197 |
| health and human services amendments to the Title IV-A state plan | 56198 |
| that the department determines necessary, including amendments | 56199 |
|
necessary to implement Title IV-A programs identified in | 56200 |
| divisions
(A) | 56201 |
| (3) Prescribe forms for applications, certificates, reports, | 56202 |
|
records, and accounts of | 56203 |
| 56204 | |
| agencies, and other matters related to Title IV-A programs; | 56205 |
| (4) Make such reports, in such form and containing such | 56206 |
| information as the department may find necessary to assure the | 56207 |
| correctness and verification of such reports, regarding Title IV-A | 56208 |
| programs; | 56209 |
| (5) Require reports and information from each | 56210 |
| 56211 | |
| 56212 | |
| regarding
| 56213 |
| (6) Afford a fair hearing in accordance with section 5101.35 | 56214 |
| of the Revised Code to any applicant for, or participant or former | 56215 |
| participant of, a Title IV-A program aggrieved by a decision | 56216 |
| regarding the program; | 56217 |
| (7) Administer and expend, pursuant to Chapters 5104., 5107., | 56218 |
| and
5108. of the Revised Code
and | 56219 |
| 5101.802, and 5101.803 of the Revised Code, any sums appropriated | 56220 |
| by the general assembly for the purpose of those chapters and | 56221 |
| 56222 | |
| of the treasury of the United States as authorized by Title IV-A | 56223 |
| of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. | 56224 |
| 601, as amended; | 56225 |
| (8) Conduct investigations and audits as are necessary | 56226 |
| regarding Title IV-A programs; | 56227 |
| (9) Enter into reciprocal agreements with other states | 56228 |
| relative to the provision of Ohio works first and prevention, | 56229 |
| retention, and contingency to residents and nonresidents; | 56230 |
| (10) Contract with a private entity to conduct an independent | 56231 |
| on-going evaluation of the Ohio works first program and the | 56232 |
| prevention, retention, and contingency program. The contract must | 56233 |
| require the private entity to do all of the following: | 56234 |
| (a) Examine issues of process, practice, impact, and | 56235 |
| outcomes; | 56236 |
| (b) Study former participants of Ohio works first who have | 56237 |
| not participated in Ohio works first for at least one year to | 56238 |
| determine whether they are employed, the type of employment in | 56239 |
| which they are engaged, the amount of compensation they are | 56240 |
| receiving, whether their employer provides health insurance, | 56241 |
| whether and how often they have received benefits or services | 56242 |
| under the prevention, retention, and contingency program, and | 56243 |
| whether they are successfully self sufficient; | 56244 |
| (c) Provide the department with reports at times the | 56245 |
| department specifies. | 56246 |
| (11) Not later than January 1, 2001, and the first day of | 56247 |
| each January and July thereafter, prepare a report containing | 56248 |
| information on the following: | 56249 |
| (a) Individuals exhausting the time limits for participation | 56250 |
| in Ohio works first set forth in section 5107.18 of the Revised | 56251 |
| Code. | 56252 |
| (b) Individuals who have been exempted from the time limits | 56253 |
| set forth in section 5107.18 of the Revised Code and the reasons | 56254 |
| for the exemption. | 56255 |
| | 56256 |
| 56257 | |
| 56258 | |
| 56259 | |
| 56260 | |
| 56261 | |
| 56262 | |
| 56263 | |
| 56264 | |
| 56265 |
| | 56266 |
| 56267 | |
| 56268 | |
| 56269 |
| (D) The department shall provide copies of the reports it | 56270 |
| receives under division (C)(10) of this section and prepares under | 56271 |
| 56272 | |
| governor, the president and minority leader of the senate, and the | 56273 |
| speaker and minority leader of the house of representatives. The | 56274 |
| department shall provide copies of the reports to any private or | 56275 |
| government entity on request. | 56276 |
| (E) An authorized representative of the department or a | 56277 |
| county family services agency or state agency administering a | 56278 |
| Title IV-A program shall have access to all records and | 56279 |
| information bearing thereon for the purposes of investigations | 56280 |
| conducted pursuant to this section. An authorized representative | 56281 |
| of a government entity or private, not-for-profit entity | 56282 |
| administering a project funded in whole or in part with funds | 56283 |
| provided under the Title IV-A demonstration program shall have | 56284 |
| access to all records and information bearing on the project for | 56285 |
| the purpose of investigations conducted pursuant to this section. | 56286 |
| Sec. 5101.801. (A) Except as otherwise provided by the law | 56287 |
| enacted by the general assembly or executive order issued by the | 56288 |
| governor establishing the Title IV-A program, a Title IV-A program | 56289 |
|
identified under division (A) | 56290 |
| section 5101.80 of the Revised Code shall provide benefits and | 56291 |
| services that are not "assistance" as defined in 45 C.F.R. | 56292 |
| 260.31(a) and are benefits and services that 45 C.F.R. 260.31(b) | 56293 |
| excludes from the definition of assistance. | 56294 |
| (B)(1) Except as otherwise provided by the law enacted by the | 56295 |
| general assembly or executive order issued by the governor | 56296 |
| establishing the Title IV-A program, the department of job and | 56297 |
| family services shall do either of the following regarding a Title | 56298 |
|
IV-A program identified under division (A) | 56299 |
| or (f) of section 5101.80 of the Revised Code: | 56300 |
| | 56301 |
| services agency's administration of the program; | 56302 |
| | 56303 |
| agency for the state agency to administer the program under the | 56304 |
| department's supervision. | 56305 |
| (2) The department may enter into an agreement with a | 56306 |
| government entity and, to the extent permitted by federal law, a | 56307 |
| private, not-for-profit entity for the entity to receive funding | 56308 |
| for a project under the Title IV-A demonstration program. | 56309 |
| (C) | 56310 |
| 56311 | |
| 56312 | |
| 56313 | |
| rules
governing | 56314 |
| divisions (A)(4)(c), (d), (e), and (f) of section 5101.80 of the | 56315 |
| Revised Code. Rules governing financial and operational matters of | 56316 |
| the department or between the department and | 56317 |
| services | 56318 |
| rules adopted in accordance with section 111.15 of the Revised | 56319 |
| Code. All other rules shall be adopted in accordance with Chapter | 56320 |
| 119. of the Revised Code. | 56321 |
| (D) If the department enters into an | 56322 |
| regarding a Title IV-A program identified under division | 56323 |
| (A) | 56324 |
| Code pursuant to division (B)(1)(b) or (2) of this section, the | 56325 |
| agreement shall include at least all of the following: | 56326 |
| (1) A requirement that the state agency or entity comply with | 56327 |
| the requirements for the program or project, including all of the | 56328 |
| following requirements established by federal statutes and | 56329 |
| regulations, state statutes and rules, the United States office of | 56330 |
| management and budget, and the Title IV-A state plan prepared | 56331 |
| under section 5101.80 of the Revised Code: | 56332 |
| (a) Eligibility; | 56333 |
| (b) Reports; | 56334 |
| (c) Benefits and services; | 56335 |
| (d) Use of funds; | 56336 |
| (e) Appeals for applicants for, and recipients and former | 56337 |
| recipients of, the benefits and services; | 56338 |
| (f) Audits. | 56339 |
| (2) A complete description of all of the following: | 56340 |
| (a) The benefits and services that the program or project is | 56341 |
| to provide; | 56342 |
| (b) The methods of program or project administration; | 56343 |
| (c) The appeals process under section 5101.35 of the Revised | 56344 |
| Code for applicants for, and recipients and former recipients of, | 56345 |
|
the | 56346 |
| (d) Other | 56347 |
| department requires be included. | 56348 |
| (3) Procedures for the department to approve a policy, | 56349 |
| established by rule or otherwise, that the state agency or entity | 56350 |
| establishes for the program or project before the policy is | 56351 |
| established; | 56352 |
| (4) Provisions regarding how the department is to reimburse | 56353 |
| the state agency or entity for allowable expenditures under the | 56354 |
| program or project that the department approves, including all of | 56355 |
| the following: | 56356 |
| (a) Limitations on administrative costs; | 56357 |
| (b) The department, at its discretion, | 56358 |
| either of the following: | 56359 |
| (i) Withholding no more than five per cent of the funds that | 56360 |
| the department would otherwise provide to the state agency or | 56361 |
| entity for the program or | 56362 |
| (ii) Charging the state agency or entity for the costs to the | 56363 |
| department of performing, or contracting for the performance of, | 56364 |
| audits and other administrative functions associated with the | 56365 |
| program or project. | 56366 |
| (5) If the state agency or entity arranges by contract, | 56367 |
| grant, or other agreement for another entity to perform a function | 56368 |
| the state agency or entity would otherwise perform regarding the | 56369 |
| program or project, the state
| 56370 |
| responsibilities for both of the following: | 56371 |
| (a) Ensuring that the other entity complies with the | 56372 |
| 56373 | |
| department and federal statutes and regulations and state statutes | 56374 |
| and rules governing the use of funds for the program or project; | 56375 |
| (b) Auditing the other entity in accordance with requirements | 56376 |
| established by the United States office of management and budget. | 56377 |
| (6) The state | 56378 |
| regarding the prompt payment, including any interest assessed, of | 56379 |
| any adverse audit finding, final disallowance of federal funds, or | 56380 |
| other sanction or penalty imposed by the federal government, | 56381 |
| auditor of state, department, a court, or other entity regarding | 56382 |
| funds for the program or project; | 56383 |
| (7) Provisions for the department to terminate the | 56384 |
| 56385 | |
| agency or entity if either of the following occur: | 56386 |
| (a) The federal government disapproves the program or project | 56387 |
| or reduces federal funds for the program or project; | 56388 |
| (b) The state agency or entity fails to comply with the terms | 56389 |
| of the
| 56390 |
| (8) Provisions for both of the following: | 56391 |
| (a) The department and state agency or entity determining the | 56392 |
| performance outcomes expected for the program or project; | 56393 |
| (b) An evaluation of the program or project to determine its | 56394 |
| success in achieving the performance outcomes determined under | 56395 |
| division (D)(8)(a) of this section. | 56396 |
| (E) To the extent consistent with the law enacted by the | 56397 |
| general assembly or executive order issued by the governor | 56398 |
| establishing the Title IV-A program and subject to the approval of | 56399 |
| the director of budget and management, the director of job and | 56400 |
| family services may terminate a Title IV-A program identified | 56401 |
|
under division (A) | 56402 |
| 5101.80 of the Revised Code or reduce funding for the program if | 56403 |
| the director of job and family services determines that federal or | 56404 |
| state funds are insufficient to fund the program. If the director | 56405 |
| of budget and management approves the termination or reduction in | 56406 |
| funding for such a program, the director of job and family | 56407 |
| services shall issue instructions for the termination or funding | 56408 |
| reduction. If a
| 56409 |
| administrative agency is administering the
program, the | 56410 |
| 56411 | |
| or funding reduction and shall comply with the director's | 56412 |
| instructions. | 56413 |
| (F) The director of job and family services may adopt | 56414 |
| internal management rules in accordance with section 111.15 of the | 56415 |
| Revised Code as necessary to implement this section. The rules are | 56416 |
| binding on each | 56417 |
| 56418 | |
| 56419 | |
| 56420 |
| Sec. 5101.802. (A) As used in this section: | 56421 |
| (1) "Custodian," "guardian," and "minor child" have the same | 56422 |
| meanings as in section 5107.02 of the Revised Code. | 56423 |
| (2) "Federal poverty guidelines" has the same meaning as in | 56424 |
| section 5101.46 of the Revised Code. | 56425 |
| (3) "Kinship caregiver" has the same meaning as in section | 56426 |
| 5101.85 of the Revised Code. | 56427 |
| (B) Subject to division (E) of section 5101.801 of the | 56428 |
| Revised Code, there is hereby created the kinship permanency | 56429 |
| incentive program to promote permanency for a minor child in the | 56430 |
| legal and physical custody of a kinship caregiver. The program | 56431 |
| shall provide an initial one-time incentive payment to the kinship | 56432 |
| caregiver to defray the costs of initial placement of the minor | 56433 |
| child in the kinship caregiver's home. The program may provide | 56434 |
| additional permanency incentive payments for the minor child at | 56435 |
| six month intervals for a total period not to exceed thirty-six | 56436 |
| months. | 56437 |
| (C) A kinship caregiver may participate in the program if all | 56438 |
| of the following requirements are met: | 56439 |
| (1) The kinship caregiver applies to a public children | 56440 |
| services agency in accordance with the application process | 56441 |
| established in rules authorized by division (E) of this section; | 56442 |
| (2) The minor child the kinship caregiver is caring for is a | 56443 |
| child with special needs as that term is defined in rules adopted | 56444 |
| under section 5153.163 of the Revised Code; | 56445 |
| (3) A juvenile court has adjudicated the minor child to be an | 56446 |
| abused, neglected, dependent, or unruly child and determined that | 56447 |
| it is in the child's best interest to be in the legal custody of | 56448 |
| the kinship caregiver or the probate court has determined that it | 56449 |
| is in the child's best interest to be in the guadianship of the | 56450 |
| kinship caregiver; | 56451 |
| (4) The kinship caregiver is either the minor child's | 56452 |
| custodian or guardian; | 56453 |
| (5) The minor child resides with the kinship caregiver | 56454 |
| pursuant to a placement approval process established in rules | 56455 |
| authorized by division (E) of this section; | 56456 |
| (6) The gross income of the kinship caregiver's family, | 56457 |
| including the minor child, does not exceed two hundred per cent of | 56458 |
| the federal poverty guidelines. | 56459 |
| (D) Public children services agencies shall make initial and | 56460 |
| ongoing eligibility determinations for the kinship permanency | 56461 |
| incentive program in accordance with rules authorized by division | 56462 |
| (E) of this section. The director of job and family services shall | 56463 |
| supervise public children services agencies' duties under this | 56464 |
| section. | 56465 |
| (E) The director of job and family services shall adopt rules | 56466 |
| under division (C) of section 5101.801 of the Revised Code as | 56467 |
| necessary to implement the kinship permanency incentive program. | 56468 |
| The rules shall establish all of the following: | 56469 |
| (1) The application process for the program; | 56470 |
| (2) The placement approval process through which a minor | 56471 |
| child is placed with a kinship caregiver for the kinship caregiver | 56472 |
| to be eligible for the program; | 56473 |
| (3) The initial and ongoing eligibility determination process | 56474 |
| for the program; | 56475 |
| (4) The amount of the incentive payments provided under the | 56476 |
| program; | 56477 |
| (5) The method by which the incentive payments are provided | 56478 |
| to a kinship caregiver; | 56479 |
| (6) Anything else the director considers necessary to | 56480 |
| implement the program. | 56481 |
| (F) The director shall begin implementation of the kinship | 56482 |
| permanency incentive program no later than January 1, 2006. | 56483 |
| Sec. 5101.803. (A) Subject to division (E) of section | 56484 |
| 5101.801 of the Revised Code, there is hereby created the Title | 56485 |
| IV-A demonstration program to provide funding for innovative and | 56486 |
| promising prevention and intervention projects that meet one or | 56487 |
| more of the four purposes of the temporary assistance for needy | 56488 |
| families block grant as specified in 42 U.S.C. 601 and are for | 56489 |
| individuals with specific and multiple barriers to achieving or | 56490 |
| maintaining self-sufficiency and personal responsibility. The | 56491 |
| department of job and family services may provide funding for such | 56492 |
| projects to government entities and, to the extent permitted by | 56493 |
| federal law, private, not-for-profit entities with which the | 56494 |
| department enters into agreements under division (B)(2) of section | 56495 |
| 5101.801 of the Revised Code. | 56496 |
| In accordance with criteria the department develops, the | 56497 |
| department may solicit proposals for entities seeking to enter | 56498 |
| into an agreement with the department under division (B)(2) of | 56499 |
| section 5101.801 of the Revised Code. The department may enter | 56500 |
| into such agreements with entities that do both of the following: | 56501 |
| (1) Meet the proposals' criteria; | 56502 |
| (2) If the entity's proposed project does not potentially | 56503 |
| affect persons in each county of the state, provides the | 56504 |
| department evidence that the entity has notified, in writing, the | 56505 |
| county department of job and family services of each county where | 56506 |
| persons may be affected by the implementation of the project. | 56507 |
| (B) In developing the criteria, soliciting the proposals, and | 56508 |
| entering in the agreements, the department shall comply with all | 56509 |
| applicable federal and state laws, the Title IV-A state plan | 56510 |
| submitted to the United States secretary of health and human | 56511 |
| services under section 5101.80 of the Revised Code, amendments to | 56512 |
| the Title IV-A state plan submitted to the United States secretary | 56513 |
| under that section, and federal waivers the United States | 56514 |
| secretary grants. | 56515 |
| (C) The department shall begin implementation of the Title | 56516 |
| IV-A demonstration program no later than January 1, 2006. | 56517 |
| Sec. 5101.821. Except as otherwise approved by the director | 56518 |
| of budget and management, the department of job and family | 56519 |
| services shall deposit federal funds received under Title IV-A of | 56520 |
| the "Social Security Act," 42 U.S.C.A. 601, 110 Stat. 2113 (1996), | 56521 |
| into the temporary assistance for needy families (TANF) federal | 56522 |
| fund, which is hereby created in the state treasury. The | 56523 |
| department shall use money in the fund for the Ohio works first | 56524 |
| program established under Chapter 5107. of the Revised Code; the | 56525 |
| prevention, retention, and contingency program established under | 56526 |
| Chapter 5108. of the Revised Code; social services provided | 56527 |
| pursuant to section 5101.461 of the Revised Code; and any other | 56528 |
| purposes consistent with Title IV-A, federal regulations, federal | 56529 |
| waivers granted by the United States secretary of health and human | 56530 |
| services, state law, the Title IV-A state plan and amendments | 56531 |
| submitted to the United States secretary of health and human | 56532 |
| services under section 5101.80 of the Revised Code, and rules | 56533 |
| adopted by the department under section 5107.05 of the Revised | 56534 |
| Code. | 56535 |
| Sec. 5101.93. (A) The director of job and family services | 56536 |
| shall determine whether a waiver of federal medicaid requirements | 56537 |
| is necessary to fulfill the requirements of section 3901.3814 of | 56538 |
| the Revised Code. If the director determines a waiver is | 56539 |
| necessary, the department of job and family services shall apply | 56540 |
| to the United States secretary of health and human services for | 56541 |
| the waiver. | 56542 |
| (B)(1) If the director determines that section 3901.3814 of | 56543 |
| the Revised Code can be implemented without a waiver or a waiver | 56544 |
| is granted, the department shall notify the department of | 56545 |
| insurance that the section can be implemented. Implementation of | 56546 |
| the section shall be effective eighteen months after the notice is | 56547 |
| sent. | 56548 |
| (2) At the time the notice is given under division (B)(1) of | 56549 |
| this section, the department shall also give notice to each health | 56550 |
| insuring corporation that provides coverage to medicaid | 56551 |
| recipients. The notice shall inform the corporation that sections | 56552 |
| 3901.38 and 3901.381 to 3901.3814 of the Revised Code apply to | 56553 |
| claims for services rendered to recipients on the date determined | 56554 |
| under division (B)(1) of this section. That date shall be | 56555 |
| specified in the notice. | 56556 |
| Sec. 5101.98. (A) There is hereby created in the state | 56557 |
| treasury the military injury relief fund, which shall consist of | 56558 |
| money contributed to it under section 5747.113 of the Revised Code | 56559 |
| and of contributions made directly to it. Any person may | 56560 |
| contribute directly to the fund in addition to or independently of | 56561 |
| the income tax refund contribution system established in section | 56562 |
| 5747.113 of the Revised Code. | 56563 |
| (B) Upon application, the director of job and family services | 56564 |
| shall grant money in the fund to individuals injured while in | 56565 |
| active service as a member of the armed forces of the United | 56566 |
| States and while serving under operation Iraqi freedom or | 56567 |
| operation enduring freedom. | 56568 |
| (C) An individual who receives a grant under this section is | 56569 |
| not precluded from receiving one or more additional grants under | 56570 |
| this section and is not precluded from being considered for or | 56571 |
| receiving other assistance offered by the department of job and | 56572 |
| family services. | 56573 |
| (D) The director shall adopt rules under Chapter 119. of the | 56574 |
| Revised Code establishing: | 56575 |
| (1) Forms and procedures by which individuals may apply for a | 56576 |
| grant under this section; | 56577 |
| (2) Criteria for reviewing, evaluating, and ranking grant | 56578 |
| applications; | 56579 |
| (3) Criteria for determining the amount of grants awarded | 56580 |
| under this section; and | 56581 |
| (4) Any other rules necessary to administer the grant program | 56582 |
| established in this section. | 56583 |
| Sec. 5104.01. As used in this chapter: | 56584 |
| (A) "Administrator" means the person responsible for the | 56585 |
| daily operation of a center or type A home. The administrator and | 56586 |
| the owner may be the same person. | 56587 |
| (B) "Approved child day camp" means a child day camp approved | 56588 |
| pursuant to section 5104.22 of the Revised Code. | 56589 |
| (C) "Authorized provider" means a person authorized by a | 56590 |
| county director of job and family services to operate a certified | 56591 |
| type B family day-care home. | 56592 |
| (D) "Border state child care provider" means a child care | 56593 |
| provider that is located in a state bordering Ohio and that is | 56594 |
| licensed, certified, or otherwise approved by that state to | 56595 |
| provide child care. | 56596 |
| (E) "Caretaker parent" means the father or mother of a child | 56597 |
| whose presence in the home is needed as the caretaker of the | 56598 |
| child, a person who has legal custody of a child and whose | 56599 |
| presence in the home is needed as the caretaker of the child, a | 56600 |
| guardian of a child whose presence in the home is needed as the | 56601 |
| caretaker of the child, and any other person who stands in loco | 56602 |
| parentis with respect to the child and whose presence in the home | 56603 |
| is needed as the caretaker of the child. | 56604 |
| (F) "Certified type B family day-care home" and "certified | 56605 |
| type B home" mean a type B family day-care home that is certified | 56606 |
| by the director of the county department of job and family | 56607 |
| services pursuant to section 5104.11 of the Revised Code to | 56608 |
| receive public funds for providing child care pursuant to this | 56609 |
| chapter and any rules adopted under it. | 56610 |
| (G) "Chartered nonpublic school" means a school that meets | 56611 |
| standards for nonpublic schools prescribed by the state board of | 56612 |
| education for nonpublic schools pursuant to section 3301.07 of the | 56613 |
| Revised Code. | 56614 |
| (H) "Child" includes an infant, toddler, preschool child, or | 56615 |
| school child. | 56616 |
| (I) "Child care block grant act" means the "Child Care and | 56617 |
| Development Block Grant Act of 1990," established in section 5082 | 56618 |
| of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat. | 56619 |
| 1388-236 (1990), 42 U.S.C. 9858, as amended. | 56620 |
| (J) "Child day camp" means a program in which only school | 56621 |
| children attend or participate, that operates for no more than | 56622 |
| seven hours per day, that operates only during one or more public | 56623 |
| school district's regular vacation periods or for no more than | 56624 |
| fifteen weeks during the summer, and that operates outdoor | 56625 |
| activities for each child who attends or participates in the | 56626 |
| program for a minimum of fifty per cent of each day that children | 56627 |
| attend or participate in the program, except for any day when | 56628 |
| hazardous weather conditions prevent the program from operating | 56629 |
| outdoor activities for a minimum of fifty per cent of that day. | 56630 |
| For purposes of this division, the maximum seven hours of | 56631 |
| operation time does not include transportation time from a child's | 56632 |
| home to a child day camp and from a child day camp to a child's | 56633 |
| home. | 56634 |
| (K) "Child care" means administering to the needs of infants, | 56635 |
| toddlers, preschool children, and school children outside of | 56636 |
| school hours by persons other than their parents or guardians, | 56637 |
| custodians, or relatives by blood, marriage, or adoption for any | 56638 |
| part of the twenty-four-hour day in a place or residence other | 56639 |
| than a child's own home. | 56640 |
| (L) "Child day-care center" and "center" mean any place in | 56641 |
| which child care or publicly funded child care is provided for | 56642 |
| thirteen or more children at one time or any place that is not the | 56643 |
| permanent residence of the licensee or administrator in which | 56644 |
| child care or publicly funded child care is provided for seven to | 56645 |
| twelve children at one time. In counting children for the purposes | 56646 |
| of this division, any children under six years of age who are | 56647 |
| related to a licensee, administrator, or employee and who are on | 56648 |
| the premises of the center shall be counted. "Child day-care | 56649 |
| center" and "center" do not include any of the following: | 56650 |
| (1) A place located in and operated by a hospital, as defined | 56651 |
| in section 3727.01 of the Revised Code, in which the needs of | 56652 |
| children are administered to, if all the children whose needs are | 56653 |
| being administered to are monitored under the on-site supervision | 56654 |
| of a physician licensed under Chapter 4731. of the Revised Code or | 56655 |
| a registered nurse licensed under Chapter 4723. of the Revised | 56656 |
| Code, and the services are provided only for children who, in the | 56657 |
| opinion of the child's parent, guardian, or custodian, are | 56658 |
| exhibiting symptoms of a communicable disease or other illness or | 56659 |
| are injured; | 56660 |
| (2) A child day camp; | 56661 |
| (3) A place that provides child care, but not publicly funded | 56662 |
| child care, if all of the following apply: | 56663 |
| (a) An organized religious body provides the child care; | 56664 |
| (b) A parent, custodian, or guardian of at least one child | 56665 |
| receiving child care is on the premises and readily accessible at | 56666 |
| all times; | 56667 |
| (c) The child care is not provided for more than thirty days | 56668 |
| a year; | 56669 |
| (d) The child care is provided only for preschool and school | 56670 |
| children. | 56671 |
| (M) "Child care resource and referral service organization" | 56672 |
| means a community-based nonprofit organization that provides child | 56673 |
| care resource and referral services but not child care. | 56674 |
| (N) "Child care resource and referral services" means all of | 56675 |
| the following services: | 56676 |
| (1) Maintenance of a uniform data base of all child care | 56677 |
| providers in the community that are in compliance with this | 56678 |
| chapter, including current occupancy and vacancy data; | 56679 |
| (2) Provision of individualized consumer education to | 56680 |
| families seeking child care; | 56681 |
| (3) Provision of timely referrals of available child care | 56682 |
| providers to families seeking child care; | 56683 |
| (4) Recruitment of child care providers; | 56684 |
| (5) Assistance in the development, conduct, and dissemination | 56685 |
| of training for child care providers and provision of technical | 56686 |
| assistance to current and potential child care providers, | 56687 |
| employers, and the community; | 56688 |
| (6) Collection and analysis of data on the supply of and | 56689 |
| demand for child care in the community; | 56690 |
| (7) Technical assistance concerning locally, state, and | 56691 |
| federally funded child care and early childhood education | 56692 |
| programs; | 56693 |
| (8) Stimulation of employer involvement in making child care | 56694 |
| more affordable, more available, safer, and of higher quality for | 56695 |
| their employees and for the community; | 56696 |
| (9) Provision of written educational materials to caretaker | 56697 |
| parents and informational resources to child care providers; | 56698 |
| (10) Coordination of services among child care resource and | 56699 |
| referral service organizations to assist in developing and | 56700 |
| maintaining a statewide system of child care resource and referral | 56701 |
| services if required by the department of job and family services; | 56702 |
| (11) Cooperation with the county department of job and family | 56703 |
| services in encouraging the establishment of parent cooperative | 56704 |
| child care centers and parent cooperative type A family day-care | 56705 |
| homes. | 56706 |
| (O) "Child-care staff member" means an employee of a child | 56707 |
| day-care center or type A family day-care home who is primarily | 56708 |
| responsible for the care and supervision of children. The | 56709 |
| administrator may be a part-time child-care staff member when not | 56710 |
| involved in other duties. | 56711 |
| (P) "Drop-in child day-care center," "drop-in center," | 56712 |
| "drop-in type A family day-care home," and "drop-in type A home" | 56713 |
| mean a center or type A home that provides child care or publicly | 56714 |
| funded child care for children on a temporary, irregular basis. | 56715 |
| (Q) "Employee" means a person who either: | 56716 |
| (1) Receives compensation for duties performed in a child | 56717 |
| day-care center or type A family day-care home; | 56718 |
| (2) Is assigned specific working hours or duties in a child | 56719 |
| day-care center or type A family day-care home. | 56720 |
| (R) "Employer" means a person, firm, institution, | 56721 |
| organization, or agency that operates a child day-care center or | 56722 |
| type A family day-care home subject to licensure under this | 56723 |
| chapter. | 56724 |
| (S) "Federal poverty line" means the official poverty | 56725 |
| guideline as revised annually in accordance with section 673(2) of | 56726 |
| the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 | 56727 |
| U.S.C. 9902, as amended, for a family size equal to the size of | 56728 |
| the family of the person whose income is being determined. | 56729 |
| (T) "Head start program" means a comprehensive child | 56730 |
| development program that receives funds distributed under the | 56731 |
| "Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as | 56732 |
|
amended, | 56733 |
| and is licensed as a child day-care center. | 56734 |
| (U) "Income" means gross income, as defined in section | 56735 |
| 5107.10 of the Revised Code, less any amounts required by federal | 56736 |
| statutes or regulations to be disregarded. | 56737 |
| (V) "Indicator checklist" means an inspection tool, used in | 56738 |
| conjunction with an instrument-based program monitoring | 56739 |
| information system, that contains selected licensing requirements | 56740 |
| that are statistically reliable indicators or predictors of a | 56741 |
| child day-care center or type A family day-care home's compliance | 56742 |
| with licensing requirements. | 56743 |
| (W) "Infant" means a child who is less than eighteen months | 56744 |
| of age. | 56745 |
| (X) "In-home aide" means a person certified by a county | 56746 |
| director of job and family services pursuant to section 5104.12 of | 56747 |
| the Revised Code to provide publicly funded child care to a child | 56748 |
| in a child's own home pursuant to this chapter and any rules | 56749 |
| adopted under it. | 56750 |
| (Y) "Instrument-based program monitoring information system" | 56751 |
| means a method to assess compliance with licensing requirements | 56752 |
| for child day-care centers and type A family day-care homes in | 56753 |
| which each licensing requirement is assigned a weight indicative | 56754 |
| of the relative importance of the requirement to the health, | 56755 |
| growth, and safety of the children that is used to develop an | 56756 |
| indicator checklist. | 56757 |
| (Z) "License capacity" means the maximum number in each age | 56758 |
| category of children who may be cared for in a child day-care | 56759 |
| center or type A family day-care home at one time as determined by | 56760 |
| the director of job and family services considering building | 56761 |
| occupancy limits established by the department of commerce, number | 56762 |
| of available child-care staff members, amount of available indoor | 56763 |
| floor space and outdoor play space, and amount of available play | 56764 |
| equipment, materials, and supplies. | 56765 |
| (AA) "Licensed preschool program" or "licensed school child | 56766 |
| program" means a preschool program or school child program, as | 56767 |
| defined in section 3301.52 of the Revised Code, that is licensed | 56768 |
| by the department of education pursuant to sections 3301.52 to | 56769 |
| 3301.59 of the Revised Code. | 56770 |
| (BB) "Licensee" means the owner of a child day-care center or | 56771 |
| type A family day-care home that is licensed pursuant to this | 56772 |
| chapter and who is responsible for ensuring its compliance with | 56773 |
| this chapter and rules adopted pursuant to this chapter. | 56774 |
| (CC) "Operate a child day camp" means to operate, establish, | 56775 |
| manage, conduct, or maintain a child day camp. | 56776 |
| (DD) "Owner" includes a person, as defined in section 1.59 of | 56777 |
| the Revised Code, or government entity. | 56778 |
| (EE) "Parent cooperative child day-care center," "parent | 56779 |
| cooperative center," "parent cooperative type A family day-care | 56780 |
| home," and "parent cooperative type A home" mean a corporation or | 56781 |
| association organized for providing educational services to the | 56782 |
| children of members of the corporation or association, without | 56783 |
| gain to the corporation or association as an entity, in which the | 56784 |
| services of the corporation or association are provided only to | 56785 |
| children of the members of the corporation or association, | 56786 |
| ownership and control of the corporation or association rests | 56787 |
| solely with the members of the corporation or association, and at | 56788 |
| least one parent-member of the corporation or association is on | 56789 |
| the premises of the center or type A home during its hours of | 56790 |
| operation. | 56791 |
| (FF) "Part-time child day-care center," "part-time center," | 56792 |
| "part-time type A family day-care home," and "part-time type A | 56793 |
| home" mean a center or type A home that provides child care or | 56794 |
| publicly funded child care for no more than four hours a day for | 56795 |
| any child. | 56796 |
| (GG) "Place of worship" means a building where activities of | 56797 |
| an organized religious group are conducted and includes the | 56798 |
| grounds and any other buildings on the grounds used for such | 56799 |
| activities. | 56800 |
| (HH) "Preschool child" means a child who is three years old | 56801 |
| or older but is not a school child. | 56802 |
| (II) "Protective child care" means publicly funded child care | 56803 |
| for the direct care and protection of a child to whom either of | 56804 |
| the following applies: | 56805 |
| (1) A case plan prepared and maintained for the child | 56806 |
| pursuant to section 2151.412 of the Revised Code indicates a need | 56807 |
| for protective care and the child resides with a parent, | 56808 |
| stepparent, guardian, or another person who stands in loco | 56809 |
| parentis as defined in rules adopted under section 5104.38 of the | 56810 |
| Revised Code; | 56811 |
| (2) The child and the child's caretaker either temporarily | 56812 |
| reside in a facility providing emergency shelter for homeless | 56813 |
| families or are determined by the county department of job and | 56814 |
| family services to be homeless, and are otherwise ineligible for | 56815 |
| publicly funded child care. | 56816 |
| (JJ) "Publicly funded child care" means administering to the | 56817 |
| needs of infants, toddlers, preschool children, and school | 56818 |
| children under age thirteen during any part of the | 56819 |
| twenty-four-hour day by persons other than their caretaker parents | 56820 |
| for remuneration wholly or in part with federal or state funds, | 56821 |
| including funds available under the child care block grant act, | 56822 |
| Title IV-A, and Title XX, distributed by the department of job and | 56823 |
| family services. | 56824 |
| (KK) "Religious activities" means any of the following: | 56825 |
| worship or other religious services; religious instruction; Sunday | 56826 |
| school classes or other religious classes conducted during or | 56827 |
| prior to worship or other religious services; youth or adult | 56828 |
| fellowship activities; choir or other musical group practices or | 56829 |
| programs; meals; festivals; or meetings conducted by an organized | 56830 |
| religious group. | 56831 |
| (LL) "School child" means a child who is enrolled in or is | 56832 |
| eligible to be enrolled in a grade of kindergarten or above but is | 56833 |
| less than fifteen years old. | 56834 |
| (MM) "School child day-care center," "school child center," | 56835 |
| "school child type A family day-care home," and "school child type | 56836 |
| A family home" mean a center or type A home that provides child | 56837 |
| care for school children only and that does either or both of the | 56838 |
| following: | 56839 |
| (1) Operates only during that part of the day that | 56840 |
| immediately precedes or follows the public school day of the | 56841 |
| school district in which the center or type A home is located; | 56842 |
| (2) Operates only when the public schools in the school | 56843 |
| district in which the center or type A home is located are not | 56844 |
| open for instruction with pupils in attendance. | 56845 |
| (NN) "State median income" means the state median income | 56846 |
| calculated by the department of development pursuant to division | 56847 |
| (A)(1)(g) of section 5709.61 of the Revised Code. | 56848 |
| (OO) "Title IV-A" means Title IV-A of the "Social Security | 56849 |
| Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended. | 56850 |
| (PP) "Title XX" means Title XX of the "Social Security Act," | 56851 |
| 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended. | 56852 |
| (QQ) "Toddler" means a child who is at least eighteen months | 56853 |
| of age but less than three years of age. | 56854 |
| (RR) "Type A family day-care home" and "type A home" mean a | 56855 |
| permanent residence of the administrator in which child care or | 56856 |
| publicly funded child care is provided for seven to twelve | 56857 |
| children at one time or a permanent residence of the administrator | 56858 |
| in which child care is provided for four to twelve children at one | 56859 |
| time if four or more children at one time are under two years of | 56860 |
| age. In counting children for the purposes of this division, any | 56861 |
| children under six years of age who are related to a licensee, | 56862 |
| administrator, or employee and who are on the premises of the type | 56863 |
| A home shall be counted. "Type A family day-care home" does not | 56864 |
| include a residence in which the needs of children are | 56865 |
| administered to, if all of the children whose needs are being | 56866 |
| administered to are siblings of the same immediate family and the | 56867 |
| residence is the home of the siblings. "Type A family day-care | 56868 |
| home" and "type A home" do not include any child day camp. | 56869 |
| (SS) "Type B family day-care home" and "type B home" mean a | 56870 |
| permanent residence of the provider in which child care is | 56871 |
| provided for one to six children at one time and in which no more | 56872 |
| than three children are under two years of age at one time. In | 56873 |
| counting children for the purposes of this division, any children | 56874 |
| under six years of age who are related to the provider and who are | 56875 |
| on the premises of the type B home shall be counted. "Type B | 56876 |
| family day-care home" does not include a residence in which the | 56877 |
| needs of children are administered to, if all of the children | 56878 |
| whose needs are being administered to are siblings of the same | 56879 |
| immediate family and the residence is the home of the siblings. | 56880 |
| "Type B family day-care home" and "type B home" do not include any | 56881 |
| child day camp. | 56882 |
| Sec. 5104.02. (A) The director of job and family services is | 56883 |
| responsible for the licensing of child day-care centers and type A | 56884 |
| family day-care homes | 56885 |
| program shall meet the criteria for, and be licensed as, a child | 56886 |
| day-care center. The director is responsible for the enforcement | 56887 |
| of this chapter and of rules promulgated pursuant to this chapter. | 56888 |
| 56889 |
| No person, firm, organization, institution, or agency shall | 56890 |
| operate, establish, manage, conduct, or maintain a child day-care | 56891 |
| center or type A family day-care home without a license issued | 56892 |
| under section 5104.03 of the Revised Code. The current license | 56893 |
| shall be posted in a conspicuous place in the center or type A | 56894 |
| home that is accessible to parents, custodians, or guardians and | 56895 |
| employees of the center or type A home at all times when the | 56896 |
| center or type A home is in operation. | 56897 |
| (B) A person, firm, institution, organization, or agency | 56898 |
| operating any of the following programs is exempt from the | 56899 |
| requirements of this chapter: | 56900 |
| (1) A program of child care that operates for two or less | 56901 |
| consecutive weeks; | 56902 |
| (2) Child care in places of worship during religious | 56903 |
| activities during which children are cared for while at least one | 56904 |
| parent, guardian, or custodian of each child is participating in | 56905 |
| such activities and is readily available; | 56906 |
| (3) Religious activities which do not provide child care; | 56907 |
| (4) Supervised training, instruction, or activities of | 56908 |
| children in specific areas, including, but not limited to: art; | 56909 |
| drama; dance; music; gymnastics, swimming, or another athletic | 56910 |
| skill or sport; computers; or an educational subject conducted on | 56911 |
| an organized or periodic basis no more than one day a week and for | 56912 |
| no more than six hours duration; | 56913 |
| (5) Programs in which the director determines that at least | 56914 |
| one parent, custodian, or guardian of each child is on the | 56915 |
| premises of the facility offering child care and is readily | 56916 |
| accessible at all times, except that child care provided on the | 56917 |
| premises at which a parent, custodian, or guardian is employed | 56918 |
| more than two and one-half hours a day shall be licensed in | 56919 |
| accordance with division (A) of this section; | 56920 |
| (6)(a) Programs that provide child care funded and regulated | 56921 |
| or operated and regulated by state departments other than the | 56922 |
| department of job and family services or the state board of | 56923 |
| education when the director of job and family services has | 56924 |
| determined that the rules governing the program are equivalent to | 56925 |
| or exceed the rules promulgated pursuant to this chapter. | 56926 |
| Notwithstanding any exemption from regulation under this | 56927 |
| chapter, each state department shall submit to the director of job | 56928 |
| and family services a copy of the rules that govern programs that | 56929 |
| provide child care and are regulated or operated and regulated by | 56930 |
| the department. Annually, each state department shall submit to | 56931 |
| the director a report for each such program it regulates or | 56932 |
| operates and regulates that includes the following information: | 56933 |
| (i) The site location of the program; | 56934 |
| (ii) The maximum number of infants, toddlers, preschool | 56935 |
| children, or school children served by the program at one time; | 56936 |
| (iii) The number of adults providing child care for the | 56937 |
| number of infants, toddlers, preschool children, or school | 56938 |
| children; | 56939 |
| (iv) Any changes in the rules made subsequent to the time | 56940 |
| when the rules were initially submitted to the director. | 56941 |
| The director shall maintain a record of the child care | 56942 |
| information submitted by other state departments and shall provide | 56943 |
| this information upon request to the general assembly or the | 56944 |
| public. | 56945 |
| (b) Child care programs conducted by boards of education or | 56946 |
| by chartered nonpublic schools that are conducted in school | 56947 |
| buildings and that provide child care to school children only | 56948 |
| shall be exempt from meeting or exceeding rules promulgated | 56949 |
| pursuant to this chapter. | 56950 |
| (7) Any preschool program or school child program, except a | 56951 |
| head start program, that is subject to licensure by the department | 56952 |
| of education under sections 3301.52 to 3301.59 of the Revised | 56953 |
| Code. | 56954 |
| (8) Any program providing child care that meets all of the | 56955 |
| following requirements and, on October 20, 1987, was being | 56956 |
| operated by a nonpublic school that holds a charter issued by the | 56957 |
| state board of education for kindergarten only: | 56958 |
| (a) The nonpublic school has given the notice to the state | 56959 |
| board and the director of job and family services required by | 56960 |
| Section 4 of Substitute House Bill No. 253 of the 117th general | 56961 |
| assembly; | 56962 |
| (b) The nonpublic school continues to be chartered by the | 56963 |
| state board for kindergarten, or receives and continues to hold a | 56964 |
| charter from the state board for kindergarten through grade five; | 56965 |
| (c) The program is conducted in a school building; | 56966 |
| (d) The program is operated in accordance with rules | 56967 |
| promulgated by the state board under sections 3301.52 to 3301.57 | 56968 |
| of the Revised Code. | 56969 |
| (9) A youth development program operated outside of school | 56970 |
| hours by a community-based center to which all of the following | 56971 |
| apply: | 56972 |
| (a) The children enrolled in the program are under nineteen | 56973 |
| years of age and enrolled in or eligible to be enrolled in a grade | 56974 |
| of kindergarten or above. | 56975 |
| (b) The program provides informal child care and at least two | 56976 |
| of the following supervised activities: educational, recreational, | 56977 |
| culturally enriching, social, and personal development activities. | 56978 |
| (c) The state board of education has approved the program's | 56979 |
| participation in the child and adult care food program as an | 56980 |
| outside-school-hours care center pursuant to standards established | 56981 |
| under section 3313.813 of the Revised Code. | 56982 |
| (d) The community-based center operating the program is | 56983 |
| exempt from federal income taxation pursuant to 26 U.S.C. 501(a) | 56984 |
| and (c)(3). | 56985 |
| Sec. 5104.32. (A) Except as provided in division (C) of this | 56986 |
| section, all purchases of publicly funded child care shall be made | 56987 |
| under a contract entered into by a licensed child day-care center, | 56988 |
| licensed type A family day-care home, certified type B family | 56989 |
| day-care home, certified in-home aide, approved child day camp, | 56990 |
| licensed preschool program, licensed school child program, or | 56991 |
| border state child care provider and the county department of job | 56992 |
| and family services. A county department of job and family | 56993 |
| services may enter into a contract with a provider for publicly | 56994 |
| funded child care for a specified period of time or upon a | 56995 |
| continuous basis for an unspecified period of time. All contracts | 56996 |
| for publicly funded child care shall be contingent upon the | 56997 |
| availability of state and federal funds. The department of job and | 56998 |
| family services shall prescribe a standard form to be used for all | 56999 |
| contracts for the purchase of publicly funded child care, | 57000 |
| regardless of the source of public funds used to purchase the | 57001 |
| child care. To the extent permitted by federal law and | 57002 |
| notwithstanding any other provision of the Revised Code that | 57003 |
| regulates state or county contracts or contracts involving the | 57004 |
| expenditure of state, county, or federal funds, all contracts for | 57005 |
| publicly funded child care shall be entered into in accordance | 57006 |
| with the provisions of this chapter and are exempt from any other | 57007 |
| provision of the Revised Code that regulates state or county | 57008 |
| contracts or contracts involving the expenditure of state, county, | 57009 |
| or federal funds. | 57010 |
| (B) Each contract for publicly funded child care shall | 57011 |
| specify at least the following: | 57012 |
| (1) That the provider of publicly funded child care agrees to | 57013 |
| be paid for rendering services at the lowest of the rate | 57014 |
| customarily charged by the provider for children enrolled for | 57015 |
| child care, the reimbursement ceiling or rate of payment | 57016 |
| established pursuant to section 5104.30 of the Revised Code, or a | 57017 |
| rate the county department negotiates with the provider; | 57018 |
| (2) That, if a provider provides child care to an individual | 57019 |
| potentially eligible for publicly funded child care who is | 57020 |
| subsequently determined to be eligible, the county department | 57021 |
| agrees to pay for all child care provided between the date the | 57022 |
| county department receives the individual's completed application | 57023 |
| and the date the individual's eligibility is determined; | 57024 |
| (3) Whether the county department of job and family services, | 57025 |
| the provider, or a child care resource and referral service | 57026 |
| organization will make eligibility determinations, whether the | 57027 |
| provider or a child care resource and referral service | 57028 |
| organization will be required to collect information to be used by | 57029 |
| the county department to make eligibility determinations, and the | 57030 |
| time period within which the provider or child care resource and | 57031 |
| referral service organization is required to complete required | 57032 |
| eligibility determinations or to transmit to the county department | 57033 |
| any information collected for the purpose of making eligibility | 57034 |
| determinations; | 57035 |
| (4) That the provider, other than a border state child care | 57036 |
|
provider | 57037 |
| 57038 | |
| certified pursuant to this chapter and shall comply with all | 57039 |
| standards and other requirements in this chapter and in rules | 57040 |
| adopted pursuant to this chapter for maintaining the provider's | 57041 |
| license, approval, or certification; | 57042 |
| (5) That, in the case of a border state child care provider, | 57043 |
| the provider shall continue to be licensed, certified, or | 57044 |
| otherwise approved by the state in which the provider is located | 57045 |
| and shall comply with all standards and other requirements | 57046 |
| established by that state for maintaining the provider's license, | 57047 |
| certificate, or other approval; | 57048 |
| (6) Whether the provider will be paid by the county | 57049 |
| department of job and family services or the state department of | 57050 |
| job and family services; | 57051 |
| (7) That the contract is subject to the availability of state | 57052 |
| and federal funds. | 57053 |
| (C) Unless specifically prohibited by federal law, the county | 57054 |
| department of job and family services shall give individuals | 57055 |
| eligible for publicly funded child care the option of obtaining | 57056 |
| certificates for payment that the individual may use to purchase | 57057 |
| services from any provider qualified to provide publicly funded | 57058 |
| child care under section 5104.31 of the Revised Code. Providers of | 57059 |
| publicly funded child care may present these certificates for | 57060 |
| payment for reimbursement in accordance with rules that the | 57061 |
| director of job and family services shall adopt. Only providers | 57062 |
| may receive reimbursement for certificates for payment. The value | 57063 |
| of the certificate for payment shall be based on the lowest of the | 57064 |
| rate customarily charged by the provider, the reimbursement | 57065 |
| ceiling or rate of payment established pursuant to section 5104.30 | 57066 |
| of the Revised Code, or a rate the county department negotiates | 57067 |
| with the provider. The county department may provide the | 57068 |
| certificates for payment to the individuals or may contract with | 57069 |
| child care providers or child care resource and referral service | 57070 |
| organizations that make determinations of eligibility for publicly | 57071 |
| funded child care pursuant to contracts entered into under section | 57072 |
| 5104.34 of the Revised Code for the providers or resource and | 57073 |
| referral service organizations to provide the certificates for | 57074 |
| payment to individuals whom they determine are eligible for | 57075 |
| publicly funded child care. | 57076 |
| For each six-month period a provider of publicly funded child | 57077 |
| care provides publicly funded child day-care to the child of an | 57078 |
| individual given certificates for payment, the individual shall | 57079 |
| provide the provider certificates for days the provider would have | 57080 |
| provided publicly funded child care to the child had the child | 57081 |
| been present. County departments shall specify the maximum number | 57082 |
| of days providers will be provided certificates of payment for | 57083 |
| days the provider would have provided publicly funded child care | 57084 |
| had the child been present. The maximum number of days shall not | 57085 |
| exceed ten days in a six-month period during which publicly funded | 57086 |
| child care is provided to the child regardless of the number of | 57087 |
| providers that provide publicly funded child care to the child | 57088 |
| during that period. | 57089 |
| Sec. 5107.05. The director of job and family services shall | 57090 |
| adopt rules to implement this chapter. The rules shall be | 57091 |
| consistent with Title IV-A, Title IV-D, federal regulations, state | 57092 |
| law, the Title IV-A state plan submitted to the United States | 57093 |
| secretary of health and human services under section 5101.80 of | 57094 |
| the Revised Code, amendments to the plan, and waivers granted by | 57095 |
| the United States secretary. Rules governing eligibility, program | 57096 |
| participation, and other applicant and participant requirements | 57097 |
| shall be adopted in accordance with Chapter 119. of the Revised | 57098 |
| Code. Rules governing financial and other administrative | 57099 |
| requirements applicable to the department of job and family | 57100 |
| services and county departments of job and family services shall | 57101 |
| be adopted in accordance with section 111.15 of the Revised Code. | 57102 |
| (A) The rules shall specify, establish, or govern all of the | 57103 |
| following: | 57104 |
| (1) A payment standard for Ohio works first based on federal | 57105 |
| and state appropriations; | 57106 |
| (2) The method of determining the amount of cash assistance | 57107 |
| an assistance group receives under Ohio works first; | 57108 |
| (3) Requirements for initial and continued eligibility for | 57109 |
| Ohio works first, including requirements regarding income, | 57110 |
| citizenship, age, residence, and assistance group composition. The | 57111 |
| rules regarding income shall specify what is countable income, | 57112 |
| gross earned income, and gross unearned income for the purpose of | 57113 |
| section 5107.10 of the Revised Code. | 57114 |
| (4) For the purpose of section 5107.12 of the Revised Code, | 57115 |
| application and verification procedures, including the minimum | 57116 |
| information an application must contain; | 57117 |
| (5) The extent to which a participant of Ohio works first | 57118 |
| must notify, pursuant to section 5107.12 of the Revised Code, a | 57119 |
| county department of job and family services of additional income | 57120 |
| not previously reported to the county department; | 57121 |
| (6) The department of job and family services providing | 57122 |
| written notice of a sanction under section 5107.161 of the Revised | 57123 |
| Code; | 57124 |
| (7) Requirements for the collection and distribution of | 57125 |
| support payments owed participants of Ohio works first pursuant to | 57126 |
| section 5107.20 of the Revised Code; | 57127 |
| (8) For the purpose of section 5107.22 of the Revised Code, | 57128 |
| what constitutes cooperating in establishing a minor child's | 57129 |
| paternity or establishing, modifying, or enforcing a child support | 57130 |
| order and good cause for failure or refusal to cooperate. The rule | 57131 |
| shall be consistent with 42 U.S.C.A. 654(29). | 57132 |
| (9) The | 57133 |
| program provided for under section 5107.30 of the Revised Code, | 57134 |
| including the definitions of "equivalent of a high school diploma" | 57135 |
| and "good cause," and the incentives provided under the LEAP | 57136 |
| program; | 57137 |
| (10) If the director implements section 5107.301 of the | 57138 |
| Revised Code, the requirements governing the award provided under | 57139 |
| that section, including the form that the award is to take and | 57140 |
| requirements an individual must satisfy to receive the award; | 57141 |
| (11) Circumstances under which a county department of job and | 57142 |
| family services may exempt a minor head of household or adult from | 57143 |
| participating in a work activity or developmental activity for all | 57144 |
| or some of the weekly hours otherwise required by section 5107.43 | 57145 |
| of the Revised Code. Circumstances shall include that a school or | 57146 |
| place of work is closed due to a holiday or weather or other | 57147 |
| emergency and that an employer grants the minor head of household | 57148 |
| or adult leave for illness or earned vacation. | 57149 |
| | 57150 |
| subsidize positions created by state agencies and political | 57151 |
| subdivisions under division (C) of section 5107.52 of the Revised | 57152 |
| Code. | 57153 |
| (B) The rules may provide that a county department of job and | 57154 |
| family services is not required to take action under section | 57155 |
| 5107.76 of the Revised Code to recover an erroneous payment that | 57156 |
| is below an amount the department specifies. | 57157 |
| Sec. 5107.10. (A) As used in this section: | 57158 |
| (1) "Countable income," "gross earned income," and "gross | 57159 |
| unearned income" have the meanings established in rules adopted | 57160 |
| under section 5107.05 of the Revised Code. | 57161 |
| (2) "Federal poverty guidelines" has the same meaning as in | 57162 |
| section 5101.46 of the Revised Code, except that references to a | 57163 |
| person's family in the definition shall be deemed to be references | 57164 |
| to the person's assistance group. | 57165 |
| (3) "Gross income" means gross earned income and gross | 57166 |
| unearned income. | 57167 |
| | 57168 |
| the following: | 57169 |
| (a) Fifty per cent of the federal poverty guidelines; | 57170 |
| (b) The gross income maximum for initial eligibility for Ohio | 57171 |
| works first as that maximum was set by division (D)(1)(a) of this | 57172 |
| section on the day before the effective date of this amendment. | 57173 |
| (5) "Strike" means continuous concerted action in failing to | 57174 |
| report to duty; willful absence from one's position; or stoppage | 57175 |
| of work in whole from the full, faithful, and proper performance | 57176 |
| of the duties of employment, for the purpose of inducing, | 57177 |
| influencing, or coercing a change in wages, hours, terms, and | 57178 |
| other conditions of employment. "Strike" does not include a | 57179 |
| stoppage of work by employees in good faith because of dangerous | 57180 |
| or unhealthful working conditions at the place of employment that | 57181 |
| are abnormal to the place of employment. | 57182 |
| (B) Under the Ohio works first program, an assistance group | 57183 |
| shall receive, except as otherwise provided by this chapter, | 57184 |
| time-limited cash assistance. In the case of an assistance group | 57185 |
| that includes a minor head of household or adult, assistance shall | 57186 |
| be provided in accordance with the self-sufficiency contract | 57187 |
| entered into under section 5107.14 of the Revised Code. | 57188 |
| (C) To be eligible to participate in Ohio works first, an | 57189 |
| assistance group must meet all of the following requirements: | 57190 |
| (1) The assistance group, except as provided in division (E) | 57191 |
| of this section, must include at least one of the following: | 57192 |
| (a) A minor child who, except as provided in section 5107.24 | 57193 |
| of the Revised Code, resides with a parent, or specified relative | 57194 |
| caring for the child, or, to the extent permitted by Title IV-A | 57195 |
| and federal regulations adopted until Title IV-A, resides with a | 57196 |
| guardian or custodian caring for the child; | 57197 |
| (b) A parent residing with and caring for the parent's minor | 57198 |
| child who receives supplemental security income under Title XVI of | 57199 |
| the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, | 57200 |
| as amended, or federal, state, or local adoption assistance; | 57201 |
| (c) A specified relative residing with and caring for a minor | 57202 |
| child who is related to the specified relative in a manner that | 57203 |
| makes the specified relative a specified relative and receives | 57204 |
| supplemental security income or federal, state, or local foster | 57205 |
| care or adoption assistance; | 57206 |
| (d) A woman at least six months pregnant. | 57207 |
| (2) The assistance group must meet the income requirements | 57208 |
| established by division (D) of this section. | 57209 |
| (3) No member of the assistance group may be involved in a | 57210 |
| strike. | 57211 |
| (4) The assistance group must satisfy the requirements for | 57212 |
| Ohio works first established by this chapter and sections 5101.58, | 57213 |
| 5101.59, and 5101.83 of the Revised Code. | 57214 |
| (5) The assistance group must meet requirements for Ohio | 57215 |
| works first established by rules adopted under section 5107.05 of | 57216 |
| the Revised Code. | 57217 |
| (D)(1) Except as provided in division (D) | 57218 |
| section, to determine whether an assistance group is initially | 57219 |
| eligible to participate in Ohio works first, a county department | 57220 |
| of job and family services shall do the following: | 57221 |
| (a) Determine whether the assistance group's gross income | 57222 |
|
exceeds the | 57223 |
| 57224 |
| 57225 | ||||||
| 57226 | ||||||
| 57227 | ||||||
| 57228 | ||||||
| 57229 | ||||||
| 57230 | ||||||
| 57231 | ||||||
| 57232 | ||||||
| 57233 | ||||||
| 57234 | ||||||
| 57235 | ||||||
| 57236 | ||||||
| 57237 | ||||||
| 57238 | ||||||
| 57239 |
| | 57240 |
| 57241 | |
| 57242 | |
| 57243 |
| | 57244 |
| determination, the county department shall disregard amounts that | 57245 |
| federal statutes or regulations and sections 5101.17 and 5117.10 | 57246 |
| of the Revised Code require be disregarded. The assistance group | 57247 |
| is ineligible to participate in Ohio works first if the assistance | 57248 |
| group's gross income, less the amounts disregarded, exceeds the | 57249 |
| 57250 | |
| eligibility threshold. | 57251 |
| (b) If the assistance group's gross income, less the amounts | 57252 |
| disregarded pursuant to division (D)(1)(a) of this section, does | 57253 |
|
not exceed the | 57254 |
| eligibility threshold, determine whether the assistance group's | 57255 |
| countable income is less than the payment standard. The assistance | 57256 |
| group is ineligible to participate in Ohio works first if the | 57257 |
| assistance group's countable income equals or exceeds the payment | 57258 |
| standard. | 57259 |
| (2) For the purpose of determining whether an assistance | 57260 |
| group meets the income requirement established by division | 57261 |
| (D)(1)(a) of this section, the annual revision that the United | 57262 |
| States department of health and human services makes to the | 57263 |
| federal poverty guidelines shall go into effect on the first day | 57264 |
| of July of the year for which the revision is made. | 57265 |
| (3) To determine whether an assistance group participating in | 57266 |
| Ohio works first continues to be eligible to participate, a county | 57267 |
| department of job and family services shall determine whether the | 57268 |
| assistance group's countable income continues to be less than the | 57269 |
| payment standard. In making this determination, the county | 57270 |
| department shall disregard the first two hundred fifty dollars and | 57271 |
| fifty per cent of the remainder of the assistance group's gross | 57272 |
| earned income. No amounts shall be disregarded from the assistance | 57273 |
| group's gross unearned income. The assistance group ceases to be | 57274 |
| eligible to participate in Ohio works first if its countable | 57275 |
| income, less the amounts disregarded, equals or exceeds the | 57276 |
| payment standard. | 57277 |
| | 57278 |
| Ohio works first not more than four months after ceasing to | 57279 |
| participate, a county department of job and family services shall | 57280 |
|
use the income requirement established by
division (D) | 57281 |
| this section to determine eligibility for resumed participation | 57282 |
| rather than the income requirement established by division (D)(1) | 57283 |
| of this section. | 57284 |
| (E)(1) An assistance group may continue to participate in | 57285 |
| Ohio works first even though a public children services agency | 57286 |
| removes the assistance group's minor children from the assistance | 57287 |
| group's home due to abuse, neglect, or dependency if the agency | 57288 |
| does both of the following: | 57289 |
| (a) Notifies the county department of job and family services | 57290 |
| at the time the agency removes the children that it believes the | 57291 |
| children will be able to return to the assistance group within six | 57292 |
| months; | 57293 |
| (b) Informs the county department at the end of each of the | 57294 |
| first five months after the agency removes the children that the | 57295 |
| parent, guardian, custodian, or specified relative of the children | 57296 |
| is cooperating with the case plans prepared for the children under | 57297 |
| section 2151.412 of the Revised Code and that the agency is making | 57298 |
| reasonable efforts to return the children to the assistance group. | 57299 |
| (2) An assistance group may continue to participate in Ohio | 57300 |
| works first pursuant to division (E)(1) of this section for not | 57301 |
| more than six payment months. This division does not affect the | 57302 |
| eligibility of an assistance group that includes a woman at least | 57303 |
| six months pregnant. | 57304 |
| Sec. 5107.26. (A) As used in this section: | 57305 |
| (1) "Transitional child care" means publicly funded child | 57306 |
| care provided under division (A)(3) of section 5104.34 of the | 57307 |
| Revised Code. | 57308 |
| (2) "Transitional medicaid" means the medical assistance | 57309 |
| provided under section
| 57310 |
| (B) Except as provided in division (C) of this section, each | 57311 |
| member of an assistance group participating in Ohio works first is | 57312 |
| ineligible to participate in the program for six payment months if | 57313 |
| a county department of job and family services determines that a | 57314 |
| member of the assistance group terminated the member's employment | 57315 |
| and each person who, on the day prior to the day a recipient | 57316 |
| begins to receive transitional child care or transitional | 57317 |
| medicaid, was a member of the recipient's assistance group is | 57318 |
| ineligible to participate in Ohio works first for six payment | 57319 |
| months if a county department determines that the recipient | 57320 |
| terminated the recipient's employment. | 57321 |
| (C) No assistance group member shall lose or be denied | 57322 |
| eligibility to participate in Ohio works first pursuant to | 57323 |
| division (B) of this section if the termination of employment was | 57324 |
| because an assistance group member or recipient of transitional | 57325 |
| child care or transitional medicaid secured comparable or better | 57326 |
| employment or the county department of job and family services | 57327 |
| certifies that the member or recipient terminated the employment | 57328 |
| with just cause. | 57329 |
| Just cause includes the following: | 57330 |
| (1) Discrimination by an employer based on age, race, sex, | 57331 |
| color, handicap, religious beliefs, or national origin; | 57332 |
| (2) Work demands or conditions that render continued | 57333 |
| employment unreasonable, such as working without being paid on | 57334 |
| schedule; | 57335 |
| (3) Employment that has become unsuitable due to any of the | 57336 |
| following: | 57337 |
| (a) The wage is less than the federal minimum wage; | 57338 |
| (b) The work is at a site subject to a strike or lockout, | 57339 |
| unless the strike has been enjoined under section 208 of the | 57340 |
| "Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A. | 57341 |
| 178, as amended, an injunction has been issued under section 10 of | 57342 |
| the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as | 57343 |
| amended, or an injunction has been issued under section 4117.16 of | 57344 |
| the Revised Code; | 57345 |
| (c) The documented degree of risk to the member or | 57346 |
| recipient's health and safety is unreasonable; | 57347 |
| (d) The member or recipient is physically or mentally unfit | 57348 |
| to perform the employment, as documented by medical evidence or by | 57349 |
| reliable information from other sources. | 57350 |
| (4) Documented illness of the member or recipient or of | 57351 |
| another assistance group member of the member or recipient | 57352 |
| requiring the presence of the member or recipient; | 57353 |
| (5) A documented household emergency; | 57354 |
| (6) Lack of adequate child care for children of the member or | 57355 |
| recipient who are under six years of age. | 57356 |
| Sec. 5107.30. (A) As used in this section: | 57357 |
| (1) "Equivalent of a high school diploma" and "good cause" | 57358 |
| have the meanings established in rules adopted under section | 57359 |
| 5107.05 of the Revised Code. | 57360 |
| (2) "LEAP program" means the learning, earning, and parenting | 57361 |
| program. | 57362 |
| | 57363 |
| whom all of the following apply: | 57364 |
| (a) The individual is a participant of Ohio works
first | 57365 |
| (b) The individual is under age eighteen or is age eighteen | 57366 |
| and in school and is a natural or adoptive parent or is pregnant; | 57367 |
| (c) The individual is subject to the LEAP program's | 57368 |
| requirements. | 57369 |
| | 57370 |
| to lead to the attainment of a high school diploma or the | 57371 |
| equivalent of a high school diploma. | 57372 |
| (B) The director of job and
family services may | 57373 |
| 57374 | |
| 57375 |
| | 57376 |
| 57377 |
| | 57378 |
| 57379 | |
| rules adopted under section 5107.05 of the Revised Code. The | 57380 |
| purpose of the LEAP program is to encourage teens to complete | 57381 |
| school. | 57382 |
| | 57383 |
| 57384 | |
| with the requirements governing the LEAP program unless the | 57385 |
| participating teen shows good cause for not attending school. The | 57386 |
| department shall provide, in addition to the cash assistance | 57387 |
| payment provided under Ohio works first, an incentive payment, in | 57388 |
| an amount determined by the department, to every participating | 57389 |
| teen who | 57390 |
| in accordance with the requirements governing the LEAP program. In | 57391 |
| addition to the incentive payment, the department may provide | 57392 |
| other incentives to participating teens who attend school in | 57393 |
| accordance with the LEAP program's requirements. The department | 57394 |
| shall reduce the cash assistance payment, in an amount determined | 57395 |
| by the department, under Ohio works first to every participating | 57396 |
| teen
| 57397 |
| without good cause, to meet the LEAP program's requirements | 57398 |
| 57399 |
| | 57400 |
| 57401 | |
| with the county department of job and family services that | 57402 |
| 57403 |
| | 57404 |
| incentive
payment and other incentives, if any, under | 57405 |
| 57406 | |
| program. | 57407 |
| | 57408 |
|
payment | 57409 |
| if the participating teen meets the requirements of the LEAP | 57410 |
| program. | 57411 |
| | 57412 |
| teen's cash assistance payment under Ohio works first will be | 57413 |
| reduced if the participating teen fails or refuses without good | 57414 |
| cause to attend school in accordance with the requirements | 57415 |
| governing the LEAP program. | 57416 |
| (C) A minor head of household who is participating in the | 57417 |
| LEAP program shall be considered to be participating in a work | 57418 |
| activity for the purpose of sections 5107.40 to 5107.69 of the | 57419 |
| Revised Code. However, the minor head of household is not subject | 57420 |
| to the requirements or sanctions of those sections. | 57421 |
| (D) Subject to the availability of funds, county departments | 57422 |
| of job and family services shall provide for | 57423 |
| participating teens to receive support services the county | 57424 |
| department determines to be necessary for LEAP participation. | 57425 |
| Support services may include publicly funded child care under | 57426 |
| Chapter 5104. of the Revised Code, transportation, and other | 57427 |
| services. | 57428 |
| Sec. 5107.301. For the purpose of encouraging individuals | 57429 |
| who have successfully completed the requirements of the LEAP | 57430 |
| program to enroll in post-secondary education, the director of job | 57431 |
| and family services may provide an award to such individuals who | 57432 |
| enroll in post-secondary education. If provided, the award shall | 57433 |
| be provided in accordance with rules adopted under section 5107.05 | 57434 |
| of the Revised Code. | 57435 |
| Sec. 5107.58. In accordance with a federal waiver granted by | 57436 |
| the United States secretary of health and human services pursuant | 57437 |
| to a request made under former section 5101.09 of the Revised | 57438 |
| Code, county departments of job and family services may establish | 57439 |
| and administer as a work activity for minor heads of households | 57440 |
| and adults participating in Ohio works first an education program | 57441 |
| under which the participant is enrolled full-time in | 57442 |
| post-secondary education leading to vocation at a state | 57443 |
| institution of higher education, as defined in section 3345.031 of | 57444 |
| the Revised Code; a private nonprofit college or university that | 57445 |
| possesses a certificate of authorization issued by the Ohio board | 57446 |
| of regents pursuant to Chapter 1713. of the Revised Code, or is | 57447 |
| exempted by division (E) of section 1713.02 of the Revised Code | 57448 |
| from the requirement of a certificate; a school that holds a | 57449 |
| certificate of registration and program authorization issued by | 57450 |
| the state board of career colleges and schools under Chapter 3332. | 57451 |
| of the Revised Code; a private institution exempt from regulation | 57452 |
| under Chapter 3332. of the Revised Code as prescribed in section | 57453 |
| 3333.046 of the Revised Code; or a school that has entered into a | 57454 |
| contract with the county department of job and family services. | 57455 |
| The participant shall make reasonable efforts, as determined by | 57456 |
| the county department, to obtain a loan, scholarship, grant, or | 57457 |
| other assistance to pay for the tuition, including a federal Pell | 57458 |
| grant
under 20
U.S.C.A.
1070a | 57459 |
| under section 3333.12 of the Revised Code, and an Ohio college | 57460 |
| opportunity grant under section 3333.122 of the Revised Code. If | 57461 |
| the participant has made reasonable efforts but is unable to | 57462 |
| obtain sufficient assistance to pay the tuition the program may | 57463 |
| pay the tuition. On or after October 1, 1998, the county | 57464 |
| department may enter into a loan agreement with the participant to | 57465 |
| pay the tuition. The total period for which tuition is paid and | 57466 |
| loans made shall not exceed two years. If the participant, | 57467 |
| pursuant to division (B)(3) of section 5107.43 of the Revised | 57468 |
| Code, volunteers to participate in the education program for more | 57469 |
| hours each week than the participant is assigned to the program, | 57470 |
| the program may pay or the county department may loan the cost of | 57471 |
| the tuition for the additional voluntary hours as well as the cost | 57472 |
| of the tuition for the assigned number of hours. The participant | 57473 |
| may receive, for not more than three years, support services, | 57474 |
| including publicly funded child care under Chapter 5104. of the | 57475 |
| Revised Code and transportation, that the participant needs to | 57476 |
| participate in the program. To receive support services in the | 57477 |
| third year, the participant must be, as determined by the | 57478 |
| educational institution in which the participant is enrolled, in | 57479 |
| good standing with the institution. | 57480 |
| A county department that provides loans under this section | 57481 |
| shall establish procedures governing loan application for and | 57482 |
| approval and administration of loans granted pursuant to this | 57483 |
| section. | 57484 |
| Sec. 5110.01. As used in this chapter: | 57485 |
| (A) "Administrative fee" means the amount specified in rules | 57486 |
| adopted under division (G) of section 5110.35 of the Revised Code. | 57487 |
| (B) "Children's health insurance program" means the | 57488 |
| children's health insurance program part I and part II established | 57489 |
| under sections 5101.50 to 5101.5110 of the Revised Code. | 57490 |
| (C) | 57491 |
| 57492 |
| | 57493 |
| established under Chapter 5111. of the Revised Code. | 57494 |
| | 57495 |
| registered for a drug pursuant to the listing system established | 57496 |
| by the United States food and drug administration under the "Drug | 57497 |
| Listing Act of 1972," 86 Stat. 559, 21 U.S.C. 360, as amended. | 57498 |
| | 57499 |
| entity, if any, the department of job and family services | 57500 |
| contracts with pursuant to section 5110.10 of the Revised Code to | 57501 |
| perform administrative functions of the Ohio's best Rx program and | 57502 |
| to offer the mail order system through which Ohio's best Rx | 57503 |
| program participants may obtain drugs by mail. | 57504 |
| | 57505 |
| means an individual who signs an application for the Ohio's best | 57506 |
| Rx program and submits it to the department of job and family | 57507 |
| services, or the Ohio's best Rx program administrator, for a | 57508 |
| determination of eligibility for the program. | 57509 |
| | 57510 |
| means an individual determined eligible for the Ohio's best Rx | 57511 |
| program and included under a valid Ohio's best Rx program | 57512 |
| enrollment card. | 57513 |
| | 57514 |
| participating terminal distributor is to charge an Ohio's best Rx | 57515 |
| program participant for a drug included in the Ohio's best Rx | 57516 |
| program as determined under section 5110.14 of the Revised Code. | 57517 |
| "Ohio's best Rx program price" does not include either of the | 57518 |
| following: | 57519 |
| (1) The amount of the professional fee, if any, the | 57520 |
| participating terminal distributor adds to the Ohio's best Rx | 57521 |
| program price pursuant to an agreement under section 5110.12 of | 57522 |
| the Revised Code; | 57523 |
| (2) The amount of the administrative fee, if any, the | 57524 |
| department of job and family services reports to the participating | 57525 |
| terminal distributor under section 5110.29 of the Revised Code. | 57526 |
| | 57527 |
| participating in the Ohio's best Rx program pursuant to a rebate | 57528 |
| agreement. | 57529 |
| | 57530 |
| distributor of dangerous drugs participating in the Ohio's best Rx | 57531 |
| program pursuant to an agreement entered into with the department | 57532 |
| of job and family services under section 5110.12 of the Revised | 57533 |
| Code. | 57534 |
| | 57535 |
| benefit plan or state retirement system health benefit plan, means | 57536 |
| the total amount paid to a terminal distributor of dangerous drugs | 57537 |
| under a state health benefit plan or state retirement system | 57538 |
| health benefit plan for one unit of a drug covered by the plan, | 57539 |
| after the plan discounts or otherwise reduces the amount to be | 57540 |
| paid to the terminal distributor. "Per unit price" includes both | 57541 |
| of the following: | 57542 |
| (1) The amount that the state health benefit plan or state | 57543 |
| retirement system health benefit plan, or other government entity | 57544 |
| or person authorized to make the payment on behalf of the plan, | 57545 |
| pays to the terminal distributor of dangerous drugs; | 57546 |
| (2) The amount that the beneficiary of the state health | 57547 |
| benefit plan or state retirement system health benefit plan pays | 57548 |
| to the terminal distributor of dangerous drugs in the form of a | 57549 |
| copayment, coinsurance, or other cost-sharing charge. | 57550 |
| | 57551 |
| benefit plan or state retirement system health benefit plan, means | 57552 |
| all rebates, discounts, formulary fees, administrative fees, and | 57553 |
| other allowances a drug manufacturer pays to the plan, or other | 57554 |
| government entity or person authorized to receive all or part of | 57555 |
| such payments, for a drug during a calendar year, divided by the | 57556 |
| total number of units of that drug dispensed under the plan during | 57557 |
| the same calendar year. | 57558 |
| | 57559 |
| percentage specified in rules adopted under division (K) of | 57560 |
| section 5110.35 of the Revised Code. | 57561 |
| | 57562 |
| 5110.21 of the Revised Code between the department of job and | 57563 |
| family services and a drug manufacturer. | 57564 |
| | 57565 |
| care benefits offered through the Ohio med preferred provider | 57566 |
| organization, or a successor entity selected by the state, to | 57567 |
| which either of the following apply: | 57568 |
| (1) It is provided by a collective bargaining agreement | 57569 |
| authorized by division (A)(4) of section 4117.03 of the Revised | 57570 |
| Code. | 57571 |
| (2) It is offered by the department of administrative | 57572 |
| services to state employees in accordance with section 124.81 or | 57573 |
| 124.82 of the Revised Code. | 57574 |
| | 57575 |
| the public employees retirement system, state teachers retirement | 57576 |
| system, school employees retirement system, Ohio police and fire | 57577 |
| pension fund, and state highway patrol retirement system. | 57578 |
| | 57579 |
| plan of health care benefits offered by a state retirement system | 57580 |
| under section 145.58, 742.45, 3307.39, 3309.69, or 5505.28 of the | 57581 |
| Revised Code. | 57582 |
| | 57583 |
| meaning as in section 4729.01 of the Revised Code. | 57584 |
| | 57585 |
| 3901.38 of the Revised Code. | 57586 |
| | 57587 |
| 1333.61 of the Revised Code. | 57588 |
| | 57589 |
| participating terminal distributor or the Ohio's best Rx program | 57590 |
| administrator charges for a drug included in the program to an | 57591 |
| individual who does not receive a discounted price for the drug | 57592 |
| pursuant to any drug discount program, including the Ohio's best | 57593 |
| Rx program, a prescription drug discount card program established | 57594 |
| under section 173.061 of the Revised Code, or a pharmacy | 57595 |
| assistance program established by any person or government entity, | 57596 |
| and for whom no third-party payer or program funded in whole or | 57597 |
| part with state or federal funds is responsible for all or part of | 57598 |
| the cost of the drug the distributor dispenses to the individual. | 57599 |
| Sec. 5110.05. (A) To be eligible for the Ohio's best Rx | 57600 |
| program, an individual must meet all of the following requirements | 57601 |
| at the time of application or reapplication for the program: | 57602 |
| (1) Be a resident of this state; | 57603 |
| (2) Have family income, as determined under rules adopted | 57604 |
| pursuant to section 5110.35 of the Revised Code, that does not | 57605 |
| exceed two hundred fifty per cent of the federal poverty | 57606 |
| guidelines, as revised annually by the United States department of | 57607 |
| health and human services in accordance with section 673(2) of the | 57608 |
| "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 | 57609 |
| U.S.C. 9902, as amended, or be sixty years of age or older; | 57610 |
| (3) Not have outpatient prescription drug coverage paid for | 57611 |
| in whole or in part by any of the following: | 57612 |
| (a) A third-party payer; | 57613 |
| (b) The medicaid program; | 57614 |
| (c) The children's health insurance program; | 57615 |
| (d) | 57616 |
| | 57617 |
| uses state or federal funds to pay part or all of the cost of the | 57618 |
| individual's outpatient prescription drugs, other than a | 57619 |
| prescription drug discount card program established under section | 57620 |
| 173.061 of the Revised Code. | 57621 |
| (4) Not have had outpatient prescription drug coverage | 57622 |
| specified in division (A)(3) of this section during any of the | 57623 |
| four months preceding the month in which the application or | 57624 |
| reapplication for the Ohio's best Rx program is made, unless any | 57625 |
| of the following applies: | 57626 |
| (a) The individual is sixty years of age or older. | 57627 |
| (b) The third-party payer that paid all or part of the | 57628 |
| coverage filed for bankruptcy under federal bankruptcy laws. | 57629 |
| (c) The individual is no longer eligible for coverage | 57630 |
| provided through a retirement plan subject to protection under the | 57631 |
| "Employee Retirement Income Security Act of 1974," 88 Stat. 832, | 57632 |
| 29 U.S.C. 1001, as amended. | 57633 |
| (d) The individual is no longer eligible for the medicaid | 57634 |
| program | 57635 |
| 57636 |
| (B) Application and annual reapplication for the Ohio's best | 57637 |
| Rx program shall be made in accordance with rules adopted under | 57638 |
| section 5110.35 of the Revised Code on a form prescribed in those | 57639 |
| rules. An individual may apply or reapply on behalf of the | 57640 |
| individual and the individual's spouse and children. The guardian | 57641 |
| or custodian of an individual may apply or reapply on behalf of | 57642 |
| the individual. | 57643 |
| Sec. 5110.352. As used in this section, "medicaid dispensing | 57644 |
| fee" means the dispensing fee established under section | 57645 |
| 5111.071 of the Revised Code for the medicaid program. | 57646 |
| In adopting a rule under division (F) of section 5110.35 of | 57647 |
| the Revised Code increasing the maximum amount of the professional | 57648 |
| fee participating terminal distributors may charge Ohio's best Rx | 57649 |
| program participants under section 5110.12 of the Revised Code and | 57650 |
| the Ohio's best Rx program administrator may charge under a | 57651 |
| contract entered into under section 5110.10 of the Revised Code, | 57652 |
| the department of job and family services shall review the amount | 57653 |
| of the professional fee once a year or, at the department's | 57654 |
| discretion, at more frequent intervals and shall not increase the | 57655 |
| professional fee to an amount exceeding the medicaid dispensing | 57656 |
| fee. | 57657 |
| A participating terminal distributor and the Ohio's best Rx | 57658 |
| program administrator may charge a maximum three dollar | 57659 |
| professional fee regardless of whether the medicaid dispensing fee | 57660 |
| for that drug is less than that amount. The department, however, | 57661 |
| may not adopt a rule increasing the maximum professional fee for | 57662 |
| that drug until the medicaid dispensing fee for that drug exceeds | 57663 |
| that amount. | 57664 |
| Sec. 5110.39. Not later than | 57665 |
| March of each year, the department of job and family services | 57666 |
| shall do all of the following: | 57667 |
| (A) Create a list of the twenty-five drugs most often | 57668 |
| dispensed to Ohio's best Rx program participants under the | 57669 |
| program, using data from the most recent six-month period for | 57670 |
| which the data is available; | 57671 |
| (B) Determine the average amount that participating terminal | 57672 |
| distributors charge, on a date selected by the department, | 57673 |
| participants for each drug included on the list created under | 57674 |
| division (A) of this section; | 57675 |
| (C) Determine, for the date selected for division (B) of this | 57676 |
| section, the average usual and customary charge of participating | 57677 |
| terminal distributors for each drug included on the list created | 57678 |
| under division (A) of this section; | 57679 |
| (D) By comparing the average charges determined under | 57680 |
| divisions (B) and (C) of this section, determine the average | 57681 |
| percentage savings in the amount participating terminal | 57682 |
| distributors charge Ohio's best Rx program participants for each | 57683 |
| drug included on the list created under division (A) of this | 57684 |
| section. | 57685 |
| Sec. 5111.011. (A) As used in this section: | 57686 |
| (1) "Intermediate care facility for the mentally retarded" | 57687 |
| has the same meaning as in section 5111.20 of the Revised Code. | 57688 |
| (2) "Nursing facility" | 57689 |
| 57690 | |
| 57691 | |
| section 5111.20 of the Revised Code. | 57692 |
| | 57693 |
| is a patient in a nursing facility or who receives home and | 57694 |
| community-based services under a federal waiver granted the | 57695 |
| department of job and family services under 42 U.S.C. | 57696 |
| 1396a(10)(A)(ii)(VI). | 57697 |
| (B) Subject to this section, the director of job and family | 57698 |
| services shall, pursuant to section 111.15 of the Revised Code, | 57699 |
|
adopt rules establishing eligibility requirements for the | 57700 |
| 57701 | |
| law, the term "resources" as used in this section. | 57702 |
| (C) In determining eligibility for | 57703 |
| medicaid program, the following shall apply with respect to real | 57704 |
| property used by an aged, blind or disabled applicant or recipient | 57705 |
| as a homestead or principal place of residence: | 57706 |
| (1) The value of | 57707 |
| 57708 | |
| maximum allowed under
Title XVI of the "Social Security Act | 57709 |
| Stat. 1329 (1972), 42 U.S.C. 1381; | 57710 |
| (2) Except as provided in division (C)(3) of this section, | 57711 |
| the department of job and family services may consider the | 57712 |
| property to not be the homestead or principal place of residence | 57713 |
| of the applicant or recipient if the applicant or recipient | 57714 |
| resides in a nursing facility, intermediate care facility for the | 57715 |
| mentally retarded, or other medical institution for thirteen | 57716 |
| months or longer. | 57717 |
| (3) Division (C)(2) of this section does not apply if any of | 57718 |
| the following individuals reside in the applicant's or recipient's | 57719 |
| real property used as a homestead or principal place of residence: | 57720 |
| (a) The applicant's or recipient's spouse; | 57721 |
| (b) A son or daughter of the applicant or recipient, if the | 57722 |
| son or daughter is under twenty-one years of age or blind or | 57723 |
| disabled in accordance with rules adopted by the director of job | 57724 |
| and family services; | 57725 |
| (c) A son or daughter of the applicant or recipient, if the | 57726 |
| son or daughter is financially dependent on theapplicant or | 57727 |
| recipient for housing in accordance with rules adopted by the | 57728 |
| director of job and family services; | 57729 |
| (d) A sibling of the applicant or recipient, if the sibling | 57730 |
| has a verified equity and ownership interest in the real property | 57731 |
| and has resided in the real property for at least one year | 57732 |
| immediately before the date the applicant or recipient was | 57733 |
| admitted to the nursing facility, intermediate care facility for | 57734 |
| the mentally retarded, or other medical institution. | 57735 |
| (D) Except as provided in division (G) of this section, no | 57736 |
| person is eligible for | 57737 |
| on or prior to December 31, 1989, the person has transferred real | 57738 |
|
or personal property for the purpose of securing | 57739 |
| 57740 | |
| eligibility and the transfer occurred during the two years | 57741 |
| preceding the person's application. In order to secure compliance | 57742 |
| with this division, the director of job and family services shall | 57743 |
| require all applicants for | 57744 |
| correct copies of any federal income or gift tax form or schedule | 57745 |
| filed, singly or jointly, by the applicant during the preceding | 57746 |
| five taxable years. Such copies, and the information disclosed | 57747 |
| thereon, shall be used solely for the purpose of determining the | 57748 |
| probability of whether the applicant has transferred assets in | 57749 |
| violation of this division. The director shall provide for the | 57750 |
| confidentiality and return of any copies of forms or schedules | 57751 |
| submitted under this division. Where such copies reveal the | 57752 |
| probability that an applicant has transferred assets in violation | 57753 |
| of this division, a presumption arises that the applicant has | 57754 |
| transferred assets in violation of this division, and the director | 57755 |
| shall deny the application until the applicant submits a true and | 57756 |
| accurate expenditure statement to the director that shows the | 57757 |
| applicant did not violate this division. The director of job and | 57758 |
| family services shall adopt rules to implement this provision. | 57759 |
| (E)(1) Except as provided in | 57760 |
| (G) of this section, an institutionalized individual who is | 57761 |
| otherwise
eligible for | 57762 |
| ineligible for nursing facility services or services provided | 57763 |
| under a home and community-based waiver for a period specified in | 57764 |
| rules adopted
under division (E) | 57765 |
| institutionalized individual or individual's spouse, on or after | 57766 |
| January 1, 1990, transfers resources for less than fair market | 57767 |
| value at
any time during or after | 57768 |
| 57769 | |
| five-year period immediately prior to either of the following: | 57770 |
| (a) The date the individual becomes an institutionalized | 57771 |
|
individual if the individual is eligible for | 57772 |
| medicaid on that date; | 57773 |
| (b) The date the individual applies for | 57774 |
| medicaid while an institutionalized individual. | 57775 |
| (2) The director shall apply to the United States secretary | 57776 |
| of health and human services for a waiver of federal law governing | 57777 |
| the medicaid program as necessary for the implementation of the | 57778 |
| five-year look-back period provided for by division (E)(1) of this | 57779 |
| section. If a waiver is not approved, the look-back period shall | 57780 |
| be the period of time specified in 42 U.S.C. 1396p(c). | 57781 |
| (3) The director shall adopt rules specifying, for the | 57782 |
|
purpose of division (E)(1) of this section, the | 57783 |
| 57784 | |
| 57785 | |
| 57786 | |
| of ineligibility due to transfers of resources for less than fair | 57787 |
| market value on or after the look-back date. The period of | 57788 |
| ineligibility shall begin with the month in which the resources | 57789 |
| were transferred. The rules shall be consistent with Title XIX of | 57790 |
| the "Social Security
Act | 57791 |
| The department shall allow exceptions to the period of | 57792 |
| ineligibility to the extent that exceptions are permitted by that | 57793 |
| title. An exception based on undue hardship to the | 57794 |
| institutionalized individual shall be allowed only so long as the | 57795 |
| individual cooperates with the department or the county department | 57796 |
| of job and family services in securing the return of transferred | 57797 |
| resources. | 57798 |
| | 57799 |
|
department may require applicants for and recipients of | 57800 |
| 57801 | |
| documentation of their income and resources up to five years prior | 57802 |
| to the | 57803 |
| institutionalized individual if the individual is eligible for | 57804 |
| medicaid on that date or the date the individual applies for | 57805 |
| medicaid while an institutionalized individual. Documentation may | 57806 |
| include, but is not limited to, tax returns, records from | 57807 |
| financial institutions, and real property records. | 57808 |
| (F) The director shall, by rule adopted in accordance with | 57809 |
| section 111.15 of the Revised Code, establish standards consistent | 57810 |
| with federal law for allocating income and resources as income and | 57811 |
| resources of the spouse, children, parents, or stepparents of a | 57812 |
| recipient of or applicant for | 57813 |
| Notwithstanding any provision of state law, including statutes, | 57814 |
| administrative rules, common law, and court rules, regarding real | 57815 |
| or personal property or domestic relations, the standards | 57816 |
| established under this division shall be used to determine | 57817 |
| eligibility for | 57818 |
| (G) The director may, by rule adopted in accordance with | 57819 |
| section 111.15 of the Revised Code, exempt individuals who apply | 57820 |
| for or receive | 57821 |
| provided pursuant to division (C) of section 5111.01 of the | 57822 |
| Revised Code from some or all of the requirements of this section. | 57823 |
| Sec. 5111.019. (A) The director of job and family services | 57824 |
| shall submit to the United States secretary of health and human | 57825 |
| services an amendment to the state medicaid plan to make an | 57826 |
| individual who meets all of the following requirements eligible | 57827 |
| for medicaid for the amount of time provided by division (B) of | 57828 |
| this section: | 57829 |
| (1) The individual is the parent of a child under nineteen | 57830 |
| years of age and resides with the child; | 57831 |
| (2) The individual's family income does not exceed | 57832 |
| 57833 |
| (3) The individual is not otherwise eligible for medicaid; | 57834 |
| (4) The individual satisfies all relevant requirements | 57835 |
| established by rules adopted under division (D) of section 5111.01 | 57836 |
| of the Revised Code. | 57837 |
| (B) An individual is eligible to receive medicaid under this | 57838 |
| section for a period that does not exceed two years beginning on | 57839 |
| the date on which eligibility is established. | 57840 |
| | 57841 |
| 57842 | |
| 57843 | |
| 57844 | |
| 57845 | |
| 57846 | |
| 57847 | |
| 57848 |
| Sec. 5111.0112. | 57849 |
| director of job and family services
shall
| 57850 |
| institute a copayment program under medicaid. | 57851 |
| 57852 | |
| 57853 | |
| copayment program shall establish a copayment requirement for only | 57854 |
| dental services, vision services, nonemergency emergency | 57855 |
| department services, and prescription drugs, other than generic | 57856 |
| drugs, to the extent permitted by federal statutes and | 57857 |
| regulations. | 57858 |
| 57859 | |
| 57860 | |
| 57861 | |
| 57862 | |
| 57863 | |
| 57864 | |
| 57865 | |
| the copayment program. | 57866 |
| (B) The copayment program shall, to the extent permitted by | 57867 |
| federal law, provide for all of the following with regard to any | 57868 |
| providers participating in the medicaid program: | 57869 |
| (1) No provider shall refuse to provide a service to a | 57870 |
| medicaid recipient who is unable to pay a required copayment for | 57871 |
| the service. | 57872 |
| (2) Division (B)(1) of this section shall not be considered | 57873 |
| to do either of the following with regard to a medicaid recipient | 57874 |
| who is unable to pay a required copayment: | 57875 |
| (a) Relieve the medicaid recipient from the obligation to pay | 57876 |
| a copayment; | 57877 |
| (b) Prohibit the provider from attempting to collect an | 57878 |
| unpaid copayment. | 57879 |
| (3) No provider shall waive a medicaid recipient's obligation | 57880 |
| to pay the provider a copayment. | 57881 |
| (4) No provider or drug manufacturer, including the | 57882 |
| manufacturer's representative, employee, independent contractor, | 57883 |
| or agent, shall pay any copayment on behalf of a medicaid | 57884 |
| recipient. | 57885 |
| (5) If it is the routine business practice of the provider to | 57886 |
| refuse service to any individual who owes an outstanding debt to | 57887 |
| the provider, the provider may consider an unpaid copayment | 57888 |
| imposed by the copayment program as an outstanding debt and may | 57889 |
| refuse service to a medicaid recipient who owes the provider an | 57890 |
| outstanding debt. If the provider intends to refuse service to a | 57891 |
| medicaid recipient who owes the provider an outstanding debt, the | 57892 |
| provider shall notify the individual of the provider's intent to | 57893 |
| refuse services. | 57894 |
| Sec. 5111.0114. (A) As used in this section, "dangerous drug" | 57895 |
| and "manufacturer of dangerous drugs" have the same meaning as in | 57896 |
| section 4729.01 of the Revised Code. | 57897 |
| (B) The director of job and family services may enter into or | 57898 |
| administer an agreement or cooperative arrangement with other | 57899 |
| states to create or join a multiple-state prescription drug | 57900 |
| purchasing program for the purpose of negotiating with | 57901 |
| manufacturers of dangerous drugs to receive discounts or rebates | 57902 |
| for dangerous drugs dispensed under the medicaid program. | 57903 |
| | 57904 |
| family
services may
provide medical assistance under | 57905 |
| 57906 | |
| 57907 | |
| 57908 | |
| federal funds are provided for such assistance, to each former | 57909 |
| participant of the Ohio works first program established under | 57910 |
| Chapter 5107. of the Revised Code who meets all of the following | 57911 |
| requirements: | 57912 |
| (1) Is ineligible to participate in Ohio works first solely | 57913 |
| as a result of increased income due to employment; | 57914 |
| (2) Is not covered by, and does not have access to, medical | 57915 |
| insurance coverage through the employer with benefits comparable | 57916 |
| to those provided under this section, as determined in accordance | 57917 |
| with rules adopted by the director of job and family services | 57918 |
| under division (B) of this section; | 57919 |
| (3) Meets any other requirement established by rule adopted | 57920 |
| under division (B) of this section. | 57921 |
| (B) The director of job and family services shall adopt such | 57922 |
| rules under Chapter 119. of the Revised Code as are necessary to | 57923 |
| implement and administer the medical assistance program under this | 57924 |
| section. | 57925 |
| (C) A person seeking to participate in a program of medical | 57926 |
| assistance under this section shall apply to the county department | 57927 |
| of job and family services in the county in which the applicant | 57928 |
| resides. The application shall be made on a form prescribed by the | 57929 |
| department of job and family services and furnished by the county | 57930 |
| department. | 57931 |
| (D) If the county department of job and family services | 57932 |
| determines that a person is eligible to receive medical assistance | 57933 |
| under this section, the department shall provide assistance, to | 57934 |
| the same extent and in the same manner as medical assistance is | 57935 |
| provided to a person eligible for medical assistance pursuant to | 57936 |
| division (A)(1)(a) of section 5111.01 of the Revised Code, for no | 57937 |
| longer than twelve months, beginning the month after the date the | 57938 |
| participant's eligibility for Ohio works first is terminated. | 57939 |
| Sec. 5111.02. The director of job and family services shall | 57940 |
| adopt, and may amend or rescind, rules under Chapter 119. of the | 57941 |
| Revised Code establishing the amount, duration, and scope of | 57942 |
| medicaid services. The rules shall be consistent with federal and | 57943 |
| state law. The rules may be different for different medicaid | 57944 |
| services. The rules shall establish all of the following: | 57945 |
| (A) The conditions under which the medicaid program shall | 57946 |
| cover and reimburse medicaid services; | 57947 |
| (B) The method of reimbursement applicable to each medicaid | 57948 |
| service; | 57949 |
| (C) The amount of reimbursement or, in lieu of amounts, | 57950 |
| methods by which amounts are to be determined for each medicaid | 57951 |
| service; | 57952 |
| (D) Procedures for enforcing the rules adopted under this | 57953 |
| section that provide due process protections, including procedures | 57954 |
| for corrective action plans for, and imposing financial and | 57955 |
| administrative sanctions on, persons and government entities that | 57956 |
| violate the rules. | 57957 |
| | 57958 |
| medicaid program: | 57959 |
| | 57960 |
| regulation and at the department's discretion, reimbursement by | 57961 |
| the department of job and family services to a medical provider | 57962 |
| for any medical service rendered under the program shall not | 57963 |
| exceed the authorized reimbursement level for the same service | 57964 |
| under the medicare program established under Title XVIII of the | 57965 |
|
"Social Security Act," | 57966 |
|
U.S.C. | 57967 |
| | 57968 |
| charges shall not exceed the customary and usual fee for | 57969 |
| laboratory profiles. | 57970 |
| | 57971 |
|
rendered by a medicaid provider under the | 57972 |
| medicaid program any amounts the provider owes the state as the | 57973 |
| result of
incorrect | 57974 |
| department has made to the provider. | 57975 |
| | 57976 |
| accordance with the applicable requirements set forth in federal | 57977 |
| laws and regulations and determine any amounts the provider may | 57978 |
| owe the state. When conducting final fiscal audits, the department | 57979 |
| shall consider generally accepted auditing standards, which | 57980 |
| include the use of statistical sampling. | 57981 |
| | 57982 |
|
which
reimbursement is made on behalf of a medicaid recipient | 57983 |
| 57984 | |
| diagnostic-related-group prospective payment system shall not | 57985 |
| exceed thirty days during a period beginning on the day of the | 57986 |
| recipient's admission to the hospital and ending sixty days after | 57987 |
| the termination of that hospital stay, except that the department | 57988 |
| may make exceptions to this limitation. The limitation does not | 57989 |
| apply to children participating in the program for medically | 57990 |
| handicapped children established under section 3701.023 of the | 57991 |
| Revised Code. | 57992 |
| | 57993 |
| 57994 | |
| 57995 | |
| 57996 | |
| 57997 | |
| 57998 | |
| 57999 | |
| 58000 | |
| 58001 | |
| 58002 | |
| 58003 |
| | 58004 |
| collaborating physician or podiatrist and a clinical nurse | 58005 |
| specialist, certified nurse-midwife, or certified nurse | 58006 |
| practitioner for services performed by the nurse shall be | 58007 |
| determined and agreed on by the nurse and collaborating physician | 58008 |
| or podiatrist. In no case shall reimbursement exceed the payment | 58009 |
| that the physician or podiatrist would have received had the | 58010 |
| physician or podiatrist provided the entire service. | 58011 |
| | 58012 |
| medicaid program, any amount determined to be owed the state by a | 58013 |
| final fiscal audit
conducted pursuant to division | 58014 |
| section | 58015 |
| an adjudication order pursuant to Chapter 119. of the Revised Code | 58016 |
| that contains a finding that there is a preponderance of the | 58017 |
| evidence that the provider will liquidate assets or file | 58018 |
| bankruptcy in order to prevent payment of the amount determined to | 58019 |
| be owed the state, becomes a lien upon the real and personal | 58020 |
| property of the provider. Upon failure of the provider to pay the | 58021 |
| amount to the state, the director of job and family services shall | 58022 |
| file notice of the lien, for which there shall be no charge, in | 58023 |
| the office of the county recorder of the county in which it is | 58024 |
| ascertained that the provider owns real or personal property. The | 58025 |
| director shall notify the provider by mail of the lien, but | 58026 |
| absence of proof that the notice was sent does not affect the | 58027 |
| validity of the lien. The lien is not valid as against the claim | 58028 |
| of any mortgagee, pledgee, purchaser, judgment creditor, or other | 58029 |
| lienholder of record at the time the notice is filed. | 58030 |
| If the provider acquires real or personal property after | 58031 |
| notice of the lien is filed, the lien shall not be valid as | 58032 |
| against the claim of any mortgagee, pledgee, subsequent bona fide | 58033 |
| purchaser for value, judgment creditor, or other lienholder of | 58034 |
| record to such after-acquired property unless the notice of lien | 58035 |
| is refiled after the property is acquired by the provider and | 58036 |
| before the competing lien attaches to the after-acquired property | 58037 |
| or before the conveyance to the subsequent bona fide purchaser for | 58038 |
| value. | 58039 |
| When the amount has been paid, the provider may record with | 58040 |
| the recorder notice of the payment. For recording such notice of | 58041 |
| payment, the recorder shall charge and receive from the provider a | 58042 |
| base fee of one dollar for services and a housing trust fund fee | 58043 |
| of one dollar pursuant to section 317.36 of the Revised Code. | 58044 |
| In the event of a distribution of a provider's assets | 58045 |
| pursuant to an order of any court under the law of this state | 58046 |
| including any receivership, assignment for benefit of creditors, | 58047 |
| adjudicated insolvency, or similar proceedings, amounts then or | 58048 |
| thereafter due the state under this chapter have the same priority | 58049 |
| as provided by law for the payment of taxes due the state and | 58050 |
| shall be paid out of the receivership trust fund or other such | 58051 |
| trust fund in the same manner as provided for claims for unpaid | 58052 |
| taxes due the state. | 58053 |
| If the attorney general finds after investigation that any | 58054 |
| amount due the state under this chapter is uncollectable, in whole | 58055 |
| or in part, the attorney general shall recommend to the director | 58056 |
| the cancellation of all or part of the claim. The director may | 58057 |
| thereupon effect the cancellation. | 58058 |
| | 58059 |
| (1) "Community mental health facility" means a community | 58060 |
| mental health facility that has a quality assurance program | 58061 |
| accredited by the joint commission on accreditation of healthcare | 58062 |
| organizations or is certified by the department of mental health | 58063 |
| or department of job and family services. | 58064 |
| (2) "Mental health professional" means a person qualified to | 58065 |
| work with mentally ill persons under the standards established by | 58066 |
| the director of mental health pursuant to section 5119.611 of the | 58067 |
| Revised Code. | 58068 |
| (B) The state medicaid plan shall include provision of the | 58069 |
| following mental health services when provided by community mental | 58070 |
| health facilities: | 58071 |
| (1) Outpatient mental health services, including, but not | 58072 |
| limited to, preventive, diagnostic, therapeutic, rehabilitative, | 58073 |
| and palliative interventions rendered to individuals in an | 58074 |
| individual or group setting by a mental health professional in | 58075 |
| accordance with a plan of treatment appropriately established, | 58076 |
| monitored, and reviewed; | 58077 |
| (2) Partial-hospitalization mental health services of three | 58078 |
| to fourteen hours per service day, rendered by persons directly | 58079 |
| supervised by a mental health professional; | 58080 |
| (3) Unscheduled, emergency mental health services of a kind | 58081 |
| ordinarily provided to persons in crisis when rendered by persons | 58082 |
| supervised by a mental health professional; | 58083 |
| (4) Subject to receipt of federal approval, assertive | 58084 |
| community treatment and intensive home-based mental health | 58085 |
| services. | 58086 |
| (C) The comprehensive annual plan shall certify the | 58087 |
| availability of sufficient unencumbered community mental health | 58088 |
| state subsidy and local funds to match federal medicaid | 58089 |
| reimbursement funds earned by community mental health facilities. | 58090 |
| (D) The department of job and family services shall enter | 58091 |
| into a separate contract with the department of mental health | 58092 |
| under section 5111.91 of the Revised Code with regard to the | 58093 |
| component of the medicaid program provided for by this section. | 58094 |
| (E) Not later than July 21, | 58095 |
| and family services shall request federal approval to provide | 58096 |
| assertive community treatment and intensive home-based mental | 58097 |
| health services under medicaid pursuant to this section. | 58098 |
| (F) On receipt of federal approval sought under division (E) | 58099 |
| of this section, the director of job and family services shall | 58100 |
| adopt rules in accordance with Chapter 119. of the Revised Code | 58101 |
| for assertive community treatment and intensive home-based mental | 58102 |
| health services provided under medicaid pursuant to this section. | 58103 |
| The director shall consult with the department of mental health in | 58104 |
| adopting the rules. | 58105 |
| Sec. 5111.025. (A) In rules adopted under section 5111.02 of | 58106 |
| the Revised Code, the director of job and family services shall | 58107 |
| modify the manner or establish a new manner in which the following | 58108 |
| are paid under medicaid: | 58109 |
| (1) Community mental health facilities for providing mental | 58110 |
| health services included in the state medicaid plan pursuant to | 58111 |
| section | 58112 |
| (2) Providers of alcohol and drug addiction services for | 58113 |
| providing alcohol and drug addiction services included in the | 58114 |
| medicaid program pursuant to rules adopted under section 5111.02 | 58115 |
| of the Revised Code. | 58116 |
| (B) The director's authority to modify the manner, or to | 58117 |
| establish a new manner, for medicaid to pay for the services | 58118 |
| specified in division (A) of this section is not limited by any | 58119 |
| rules adopted under section 5111.02 or 5119.61 of the Revised Code | 58120 |
| that are in effect on | 58121 |
| 2003, and govern the way medicaid pays for those services. This is | 58122 |
| the case regardless of what state agency adopted the rules. | 58123 |
| Sec. 5111.027. If the medicaid program provides prescription | 58124 |
| drug services to medicaid recipients, the program shall not | 58125 |
| provide reimbursement for prescription drugs for treatment of | 58126 |
| erectile dysfunction. | 58127 |
| Sec. 5111.042. The departments of mental retardation and | 58128 |
| developmental disabilities and job and family services may | 58129 |
| approve, reduce, deny, or terminate a service included in the | 58130 |
| individualized service plan developed for a medicaid recipient | 58131 |
| with mental retardation or other developmental disability who is | 58132 |
|
eligible for medicaid case management services. | 58133 |
| 58134 | |
| 58135 | |
| 58136 | |
| department approves, reduces, denies, or terminates a service, | 58137 |
| that department shall timely notify the medicaid recipient that | 58138 |
| the recipient may request a hearing under section 5101.35 of the | 58139 |
| Revised Code. | 58140 |
| Sec. 5111.06. (A)(1) As used in this section and in sections | 58141 |
| 5111.061 and 5111.062 of the Revised Code: | 58142 |
| (a) "Provider" means any person, institution, or entity that | 58143 |
| furnishes medicaid services under a provider agreement with the | 58144 |
| department of job and family services pursuant to Title XIX of the | 58145 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 58146 |
| amended. | 58147 |
| (b) "Party" has the same meaning as in division (G) of | 58148 |
| section 119.01 of the Revised Code. | 58149 |
| (c) "Adjudication" has the same meaning as in division (D) of | 58150 |
| section 119.01 of the Revised Code. | 58151 |
| (2) This section does not apply to any action taken by the | 58152 |
| department of job and family services under sections 5111.35 to | 58153 |
| 5111.62 of the Revised Code. | 58154 |
| (B) Except as provided in division (D) of this section and | 58155 |
| section 5111.914 of the Revised Code, the department shall do | 58156 |
| either of the following by issuing an order pursuant to an | 58157 |
| adjudication conducted in accordance with Chapter 119. of the | 58158 |
| Revised Code: | 58159 |
| (1) Enter into or refuse to enter into a provider agreement | 58160 |
| with a provider, or suspend, terminate, renew, or refuse to renew | 58161 |
| an existing provider agreement with a provider; | 58162 |
| (2) Take any action based upon a final fiscal audit of a | 58163 |
| provider. | 58164 |
| (C) Any party who is adversely affected by the issuance of an | 58165 |
| adjudication order under division (B) of this section may appeal | 58166 |
| to the court of common pleas of Franklin county in accordance with | 58167 |
| section 119.12 of the Revised Code. | 58168 |
| (D) The department is not required to comply with division | 58169 |
| (B)(1) of this section whenever any of the following occur: | 58170 |
| (1) The terms of a provider agreement require the provider to | 58171 |
| have a license, permit, or certificate issued by an official, | 58172 |
| board, commission, department, division, bureau, or other agency | 58173 |
| of state government other than the department of job and family | 58174 |
| services, and the license, permit, or certificate has been denied | 58175 |
| or revoked. | 58176 |
| (2) The provider agreement is denied, terminated, or not | 58177 |
| renewed pursuant to division (C) or (E) of section 5111.03 of the | 58178 |
| Revised Code; | 58179 |
| (3) The provider agreement is denied, terminated, or not | 58180 |
| renewed due to the provider's termination, suspension, or | 58181 |
| exclusion from the medicare program established under Title XVIII | 58182 |
| of the "Social Security Act," and the termination, suspension, or | 58183 |
| exclusion is binding on the provider's participation in the | 58184 |
| medicaid program; | 58185 |
| (4) The provider agreement is denied, terminated, or not | 58186 |
| renewed due to the provider's pleading guilty to or being | 58187 |
| convicted of a criminal activity materially related to either the | 58188 |
| medicare or medicaid program; | 58189 |
| (5) The provider agreement is denied, terminated, or | 58190 |
| suspended as a result of action by the United States department of | 58191 |
| health and human services and that action is binding on the | 58192 |
| provider's participation in the medicaid program; | 58193 |
| (6) The provider agreement is terminated or not renewed | 58194 |
| because the provider has not billed or otherwise submitted a | 58195 |
| medicaid claim to the department for two years or longer, and the | 58196 |
| department has determined that the provider has moved from the | 58197 |
| address on record with the department without leaving an active | 58198 |
| forwarding address with the department. | 58199 |
| In the case of a provider described in division (D)(6) of | 58200 |
| this section, the department may terminate or not renew the | 58201 |
| provider agreement by sending a notice explaining the department's | 58202 |
| proposed action to the address on record with the department. The | 58203 |
| notice may be sent by regular mail. | 58204 |
| (E) The department may withhold payments for services | 58205 |
| rendered by a medicaid provider under the medical assistance | 58206 |
| program during the pendency of proceedings initiated under | 58207 |
| division (B)(1) of this section. If the proceedings are initiated | 58208 |
| under division (B)(2) of this section, the department may withhold | 58209 |
| payments only to the extent that they equal amounts determined in | 58210 |
| a final fiscal audit as being due the state. This division does | 58211 |
| not apply if the department fails to comply with section 119.07 of | 58212 |
| the Revised Code, requests a continuance of the hearing, or does | 58213 |
| not issue a decision within thirty days after the hearing is | 58214 |
| completed. This division does not apply to nursing facilities and | 58215 |
| intermediate care facilities for the mentally retarded as defined | 58216 |
| in section 5111.20 of the Revised Code. | 58217 |
| Sec. 5111.061. (A) The department of job and family services | 58218 |
| may recover a medicaid payment or portion of a payment made to a | 58219 |
| provider to which the provider is not entitled. The recovery may | 58220 |
| occur at any time during the five-year period immediately | 58221 |
| following the end of the state fiscal year in which the | 58222 |
| overpayment was made. | 58223 |
| (B) Among the overpayments that may be recovered under this | 58224 |
| section are the following: | 58225 |
| (1) Payment for a service, or a day of service, not rendered; | 58226 |
| (2) Payment for a day of service at a full per diem rate that | 58227 |
| should have been paid at a percentage of the full per diem rate; | 58228 |
| (3) Payment for a service, or day of service, that was paid | 58229 |
| by, or partially paid by, a third-party, as defined in section | 58230 |
| 5101.571 of the Revised Code, and the third-party's payment or | 58231 |
| partial payment was not offset against the amount paid by the | 58232 |
| medicaid program to reduce or eliminate the amount that was paid | 58233 |
| by the medicaid program; | 58234 |
| (4) Payment when a medicaid recipient's responsibility for | 58235 |
| payment was understated and resulted in an overpayment to the | 58236 |
| provider. | 58237 |
| (C) During the period specified in division (A) of this | 58238 |
| section, the department may recover an overpayment under this | 58239 |
| section prior to or after any of the following: | 58240 |
| (1) Adjudication of a final fiscal audit that section 5111.06 | 58241 |
| of the Revised Code requires to be conducted in accordance with | 58242 |
| Chapter 119. of the Revised Code; | 58243 |
| (2) Adjudication of a finding under any other provision of | 58244 |
| this chapter or the rules adopted under it; | 58245 |
| (3) Expiration of the time to issue a final fiscal audit that | 58246 |
| section 5111.06 of the Revised Code requires to be conducted in | 58247 |
| accordance with Chapter 119. of the Revised Code; | 58248 |
| (4) Expiration of the time to issue a finding under any other | 58249 |
| provision of this chapter or the rules adopted under it. | 58250 |
| (D)(1) Subject to division (D)(2) of this section, the | 58251 |
| recovery of an overpayment under this section does not preclude | 58252 |
| the department from subsequently doing the following: | 58253 |
| (a) Issuing a final fiscal audit in accordance with Chapter | 58254 |
| 119. of the Revised Code, as required under section 5111.06 of the | 58255 |
| Revised Code; | 58256 |
| (b) Issuing a finding under any other provision of this | 58257 |
| chapter or the rules adopted under it. | 58258 |
| (2) A final fiscal audit or finding issued subsequent to the | 58259 |
| recovery of an overpayment under this section shall be reduced by | 58260 |
| the amount of the prior recovery, as appropriate. | 58261 |
| (E) Nothing in this section limits the department's authority | 58262 |
| to recover overpayments pursuant to any other provision of the | 58263 |
| Revised Code. | 58264 |
| Sec. 5111.062. In any action taken by the department of job | 58265 |
| and family services under section 5111.06 or 5111.061 of the | 58266 |
| Revised Code or any other provision of this chapter that requires | 58267 |
| the department to give notice of an opportunity for a hearing in | 58268 |
| accordance with Chapter 119. of the Revised Code, if the | 58269 |
| department gives notice of the opportunity for a hearing but the | 58270 |
| provider or other entity subject to the notice does not request a | 58271 |
| hearing or timely request a hearing in accordance with section | 58272 |
| 119.07 of the Revised Code, the department is not required to hold | 58273 |
| a hearing. The director of job and family service may proceed by | 58274 |
| issuing a final adjudication order in accordance with Chapter 119. | 58275 |
| of the Revised Code. | 58276 |
| Sec. 5111.082. The director of job and family services, in | 58277 |
| rules adopted under section 5111.02 of the Revised Code, may | 58278 |
| establish and implement a supplemental drug rebate program under | 58279 |
| which drug manufacturers may be required to provide the department | 58280 |
| of job and family services a supplemental rebate as a condition of | 58281 |
| having the drug manufacturers' drug products covered by the | 58282 |
| medicaid program without prior approval. The department may | 58283 |
| receive a supplemental rebate negotiated under the program for a | 58284 |
| drug dispensed to a medicaid recipient pursuant to a prescription | 58285 |
| or a drug purchased by a medicaid provider for administration to a | 58286 |
| medicaid recipient in the provider's primary place of business. If | 58287 |
| necessary, the director may apply to the United States secretary | 58288 |
| of health and human services for a waiver of federal statutes and | 58289 |
| regulations to establish the supplemental drug rebate program. | 58290 |
| If the director establishes a supplemental drug rebate | 58291 |
| program, the director shall consult with drug manufacturers | 58292 |
| regarding the establishment and implementation of the program. | 58293 |
| | 58294 |
| 58295 | |
| 58296 | |
| 58297 | |
| 58298 |
| | 58299 |
| 58300 | |
| 58301 |
| | 58302 |
| 58303 |
| Sec. 5111.083. (A) As used in this section: | 58304 |
| (1) "State maximum allowable cost" means the per unit amount | 58305 |
| the department of job and family services reimburses a terminal | 58306 |
| distributor of dangerous drugs for a prescription drug included in | 58307 |
| the state maximum allowable cost program established under | 58308 |
| division (B) of this section. "State maximum allowable cost" | 58309 |
| excludes dispensing fees and copayments, coinsurance, or other | 58310 |
| cost-sharing charges, if any. | 58311 |
| (2) "Terminal distributor of dangerous drugs" has the same | 58312 |
| meaning as in section 4729.01 of the Revised Code. | 58313 |
| (B) The director of job and family services shall establish a | 58314 |
| state maximum allowable cost program for purposes of managing | 58315 |
| reimbursement to terminal distributors of dangerous drugs for | 58316 |
| prescription drugs identified by the director pursuant to this | 58317 |
| division. The director shall do all of the following with respect | 58318 |
| to the program: | 58319 |
| (1) Identify and create a list of prescription drugs to be | 58320 |
| included in the program. | 58321 |
| (2) Update the list of prescription drugs described in | 58322 |
| division (B)(1) of this section on a weekly basis. | 58323 |
| (3) Review the state maximum allowable cost for each drug | 58324 |
| included on the list described in division (B)(1) of this section | 58325 |
| on a weekly basis. | 58326 |
| (C) The director may adopt rules in accordance with Chapter | 58327 |
| 119. of the Revised Code to implement this section. | 58328 |
| Sec. 5111.084. (A) As used in this section, "licensed health | 58329 |
| professional authorized to prescribe drugs" has the same meaning | 58330 |
| as in section 4729.01 of the Revised Code. | 58331 |
| (B) The director of job and family services may establish an | 58332 |
| e-prescribing system for the medicaid program under which a | 58333 |
| medicaid provider who is a licensed health professional authorized | 58334 |
| to prescribe drugs shall use an electronic system to prescribe a | 58335 |
| drug for a medicaid recipient when required to do so by division | 58336 |
| (C) of this section. The e-prescribing system shall eliminate the | 58337 |
| need for such medicaid providers to make prescriptions for | 58338 |
| medicaid recipients by handwriting or telephone. The e-prescribing | 58339 |
| system also shall provide such medicaid providers with an | 58340 |
| up-to-date, clinically relevant drug information database and a | 58341 |
| system of electronically monitoring medicaid recipients' medical | 58342 |
| history, drug regimen compliance, and fraud and abuse. | 58343 |
| (C) If the director establishes an e-prescribing system under | 58344 |
| division (B) of this section, the director shall do all of the | 58345 |
| following: | 58346 |
| (1) Require that a medicaid provider who is a licensed health | 58347 |
| professional authorized to prescribe drugs use the e-prescribing | 58348 |
| system during a fiscal year if the medicaid provider was one of | 58349 |
| the ten medicaid providers who, during the calendar year that | 58350 |
| precedes that fiscal year, issued the most prescriptions for | 58351 |
| medicaid recipients receiving hospital services; | 58352 |
| (2) Before the beginning of each fiscal year, determine the | 58353 |
| ten medicaid providers that issued the most prescriptions for | 58354 |
| medicaid recipients receiving hospital services during the | 58355 |
| calendar year that precedes the upcoming fiscal year and notify | 58356 |
| those medicaid providers that they must use the e-prescribing | 58357 |
| system for the upcoming fiscal year; | 58358 |
| (3) Seek the most federal financial participation available | 58359 |
| for the development and implementation of the e-prescribing | 58360 |
| system. | 58361 |
| | 58362 |
| pharmacy and therapeutics committee of the department of job and | 58363 |
| family
services. The
committee
shall consist of | 58364 |
| and shall be appointed by the director of job and family services. | 58365 |
| The
membership of the
committee shall include: | 58366 |
| pharmacists licensed under Chapter 4729. of the Revised Code; two | 58367 |
| doctors of medicine and two doctors of osteopathy licensed under | 58368 |
| Chapter 4731. of the Revised Code; a registered nurse licensed | 58369 |
| under Chapter 4723. of the Revised Code; and a pharmacologist who | 58370 |
| has a doctoral degree. The committee shall elect one of its | 58371 |
| members as chairperson. | 58372 |
| Sec. 5111.10. The director of job and family services may | 58373 |
| conduct reviews of the medicaid program. The reviews may include | 58374 |
| physical inspections of records and sites where medicaid-funded | 58375 |
| services are provided and interviews of providers and recipients | 58376 |
| of the services. If the director determines pursuant to a review | 58377 |
| that a person or government entity has violated a rule governing | 58378 |
| the medicaid program, the director may establish a corrective | 58379 |
| action plan for the violator and impose fiscal, administrative, or | 58380 |
| both types of sanctions on the violator in accordance with rules | 58381 |
| governing the medicaid program. Such action to be taken against a | 58382 |
| responsible entity, as defined in section 5101.24 of the Revised | 58383 |
| Code, shall be taken in accordance with that section. | 58384 |
| Sec. 5111.11. (A) As used in this section | 58385 |
| 58386 |
| (1) "Estate" includes both of the following: | 58387 |
| (a) All real and personal property and other assets to be | 58388 |
| administered under Title XXI of the Revised Code and property that | 58389 |
| would be administered under that title if not for section 2113.03 | 58390 |
| or 2113.031 of the Revised Code; | 58391 |
| (b) Any other real and personal property and other assets in | 58392 |
| which an individual had any legal title or interest at the time of | 58393 |
| death (to the extent of the interest), including assets conveyed | 58394 |
| to a survivor, heir, or assign of the individual through joint | 58395 |
| tenancy, tenancy in common, survivorship, life estate, living | 58396 |
| trust, or other arrangement. | 58397 |
| (2) "Institution" means a nursing facility, intermediate care | 58398 |
| facility for the mentally retarded, or a medical institution. | 58399 |
| (3) "Intermediate care facility for the mentally retarded" | 58400 |
| and "nursing facility" have the same meanings as in section | 58401 |
| 5111.20 of the Revised Code. | 58402 |
| (4) "Permanently institutionalized individual" means an | 58403 |
| individual to whom all of the following apply: | 58404 |
| (a) Is an inpatient in an institution; | 58405 |
| (b) Is required, as a condition of the medicaid program | 58406 |
| paying for the individual's services in the institution, to spend | 58407 |
| for costs of medical or nursing care all of the individual's | 58408 |
| income except for an amount for personal needs specified by the | 58409 |
| department of job and family services; | 58410 |
| (c) Cannot reasonably be expected to be discharged from the | 58411 |
| institution and return home as determined by the department of job | 58412 |
| and family services. | 58413 |
| (5) "Time of death" shall not be construed to mean a time | 58414 |
| after which a legal title or interest in real or personal property | 58415 |
| or other asset may pass by survivorship or other operation of law | 58416 |
| due to the death of the decedent or terminate by reason of the | 58417 |
| decedent's death. | 58418 |
| (B) | 58419 |
| 58420 | |
| 58421 | |
| law, the department of job and family services shall institute an | 58422 |
| estate recovery program | 58423 |
| 58424 | |
| 58425 | |
| 58426 | |
| 58427 | |
| 58428 | |
| 58429 | |
| 58430 | |
| 58431 |
| | 58432 |
| 58433 | |
| 58434 | |
| 58435 | |
| 58436 | |
| 58437 | |
| 58438 | |
| 58439 | |
| 58440 | |
| 58441 | |
| 58442 |
| | 58443 |
| divisions (C) and (D) of this section, do both of the following: | 58444 |
| (1) For the costs of medicaid services the medicaid program | 58445 |
| correctly paid or will pay on behalf of a permanently | 58446 |
| institutionalized individual of any age, seek adjustment or | 58447 |
| recovery from the individual's estate or on the sale of property | 58448 |
| of the individual or spouse that is subject to a lien imposed | 58449 |
| under section 5111.111 of the Revised Code; | 58450 |
| (2) For the costs of medicaid services the medicaid program | 58451 |
| correctly paid or will pay on behalf of an individual fifty-five | 58452 |
| years of age or older who is not a permanently institutionalized | 58453 |
| individual, seek adjustment or recovery from the individual's | 58454 |
| estate. | 58455 |
| (C)(1) No adjustment or recovery may be made under division | 58456 |
| (B)(1) of this section from a permanently institutionalized | 58457 |
| individual's estate or on the sale of property of a permanently | 58458 |
| institutionalized individual that is subject to a lien imposed | 58459 |
| under section 5111.111 of the Revised Code or under division | 58460 |
| (B)(2) of this section from an individual's estate while either of | 58461 |
| the following are alive: | 58462 |
| (a) The spouse of the permanently institutionalized | 58463 |
| individual or individual; | 58464 |
| (b) The son or daughter of a permanently institutionalized | 58465 |
| individual or individual if the son or daughter is under age | 58466 |
| twenty-one or, under 42 U.S.C. 1382c, is considered blind or | 58467 |
| disabled. | 58468 |
| (2) No adjustment or recovery may be made under division | 58469 |
| (B)(1) of this section from a permanently institutionalized | 58470 |
| individual's home that is subject to a lien imposed under section | 58471 |
| 5111.111 of the Revised Code while either of the following | 58472 |
| lawfully reside in the home: | 58473 |
| (a) The permanently institutionalized individual's sibling | 58474 |
| who resided in the home for at least one year immediately before | 58475 |
| the date of the permanently institutionalized individual's | 58476 |
| admission to the institution and on a continuous basis since that | 58477 |
| time; | 58478 |
| (b) The permanently institutionalized individual's son or | 58479 |
| daughter who provided care to the permanently institutionalized | 58480 |
| individual that delayed the permanently institutionalized | 58481 |
| individual's institutionalization and resided in the home for at | 58482 |
| least two years immediately before the date of the permanently | 58483 |
| institutionalized individual's admission to the institution and on | 58484 |
| a continuous basis since that time. | 58485 |
|
(D) The department | 58486 |
| recovery | 58487 |
| by this section if the director of job and family services | 58488 |
| determines that adjustment or recovery would work an undue | 58489 |
| hardship. | 58490 |
| to the period during which the undue hardship exists. | 58491 |
| The director, in accordance with Chapter 119. of the Revised | 58492 |
| Code, shall adopt rules | 58493 |
| program, including rules that establish procedures and criteria | 58494 |
| for
waiver of adjustment or recovery due to an undue hardship | 58495 |
| 58496 | |
| United States secretary of health and human services under 42 | 58497 |
| U.S.C. 1396p(b)(3), as amended. | 58498 |
| | 58499 |
| 58500 | |
| 58501 | |
| 58502 |
| (E) For the purpose of determining whether an individual | 58503 |
| meets the definition of "permanently institutionalized individual" | 58504 |
| established for this section, a rebuttable presumption exists that | 58505 |
| the individual cannot reasonably be expected to be discharged from | 58506 |
| an institution and return home if either of the following is the | 58507 |
| case: | 58508 |
| (1) The individual declares that he or she does not intend to | 58509 |
| return home. | 58510 |
| (2) The individual has been an inpatient in an institution | 58511 |
| for at least six months. | 58512 |
| Sec. 5111.111. | 58513 |
| 58514 | |
| 58515 | |
| 58516 |
| | 58517 |
| and section 5111.12 of the Revised Code, no lien may be imposed | 58518 |
| against the property of an individual before the individual's | 58519 |
| death on account of medicaid services correctly paid or to be paid | 58520 |
| on the individual's behalf. | 58521 |
| (B) Except as provided in division (C) of this section, the | 58522 |
| department of job and family services may | 58523 |
|
against
the real property of a | 58524 |
| recipient | 58525 |
| against the real property of the recipient's spouse,
| 58526 |
| 58527 | |
| 58528 | |
| 58529 | |
| real property that is jointly held by the recipient and spouse. | 58530 |
| 58531 | |
| 58532 | |
| 58533 | |
| imposed on account of medicaid paid or to be paid on the | 58534 |
| recipient's behalf. | 58535 |
| (C) No lien may be imposed under division (B) of this section | 58536 |
| against the home of a medicaid recipient if any of the following | 58537 |
| lawfully resides in the home: | 58538 |
| (1) The recipient's spouse; | 58539 |
| (2) The recipient's son or daughter who is under twenty-one | 58540 |
| years of age or, under 42 U.S.C. 1382c, considered to be blind or | 58541 |
| disabled; | 58542 |
| (3) The recipient's sibling who has an equity interest in the | 58543 |
| home and resided in the home for at least one year immediately | 58544 |
| before the date of the recipient's admission to the institution. | 58545 |
| (D) The director of job and family services or a person | 58546 |
| designated by
the director | 58547 |
| 58548 | |
| section. The county department of job and family services shall | 58549 |
| file for recording and indexing the certificate, or a certified | 58550 |
| copy, in the real estate mortgage records in the office of the | 58551 |
| county recorder in every county in which real property of the | 58552 |
| recipient or spouse is situated. From the time of filing the | 58553 |
| certificate in the office of the county recorder, the lien | 58554 |
| attaches to all real property of the recipient or spouse described | 58555 |
| 58556 | |
| 58557 | |
| be made under section 5111.11 of the Revised Code and, except as | 58558 |
| provided in division (E) of this section, shall remain a lien | 58559 |
| until satisfied. | 58560 |
| Upon filing the certificate in the office of the recorder, | 58561 |
| all persons are charged with notice of the lien and the rights of | 58562 |
| the department of job and family services thereunder. | 58563 |
| The county recorder shall keep a record of every certificate | 58564 |
| filed showing its date, the time of filing, the name and residence | 58565 |
| of the recipient or spouse, and any release, waivers, or | 58566 |
| satisfaction of the lien. | 58567 |
| The priority of the lien shall be established in accordance | 58568 |
| with state and federal law. | 58569 |
| The department may waive the priority of its lien to provide | 58570 |
| for the costs of the last illness as determined by the department, | 58571 |
| administration, attorney fees, administrator fees, a sum for the | 58572 |
| payment of the costs of burial, which shall be computed by | 58573 |
| deducting from five hundred dollars whatever amount is available | 58574 |
| for the same purpose from all other sources, and a similar sum for | 58575 |
| the spouse of the decedent. | 58576 |
| (E) A lien imposed with respect to a medicaid recipient under | 58577 |
| this section shall dissolve on the recipient's discharge from the | 58578 |
| institution and return home. | 58579 |
| Sec. 5111.112. The department of job and family services | 58580 |
| shall certify amounts due under the estate recovery program | 58581 |
| instituted under section 5111.11 of the Revised Code to the | 58582 |
| attorney general pursuant to section 131.02 of the Revised Code. | 58583 |
| The attorney general may enter into a contract with any person or | 58584 |
| government entity to collect the amounts due on behalf of the | 58585 |
| attorney general. | 58586 |
| The attorney general, in entering into a contract under this | 58587 |
| section, shall comply with all of the requirements that must be | 58588 |
| met for the state to receive federal financial participation for | 58589 |
| the costs incurred in entering into the contract and carrying out | 58590 |
| actions under the contract. The contract may provide for the | 58591 |
| person or government entity with which the attorney general | 58592 |
| contracts to be compensated from the property recovered under the | 58593 |
| estate recovery program or may provide for another manner of | 58594 |
| compensation agreed to by the parties to the contract. | 58595 |
| Regardless of whether the attorney general collects the | 58596 |
| amounts due under the estate recovery program or contracts with a | 58597 |
| person or government entity to collect the amounts due on behalf | 58598 |
| of the attorney general, the amounts due shall be collected in | 58599 |
| accordance with applicable requirements of federal statutes and | 58600 |
| regulations and state statutes and rules. | 58601 |
| | 58602 |
| (1) "Adult care facility" has the same meaning as in section | 58603 |
| 3722.01 of the Revised Code. | 58604 |
| (2) "Commissioner" means a person appointed by a probate | 58605 |
| court under division (B) of section 2113.03 of the Revised Code to | 58606 |
| act as a commissioner. | 58607 |
| (3) "Home" has the same meaning as in section 3721.10 of the | 58608 |
| Revised Code. | 58609 |
| (4) "Personal needs allowance account" means an account or | 58610 |
| petty cash fund that holds the money of a resident of an adult | 58611 |
| care facility or home and that the facility or home manages for | 58612 |
| the resident. | 58613 |
| (B) Except as provided in divisions (C) and (D) of this | 58614 |
| section, the owner or operator of an adult care facility or home | 58615 |
| shall transfer to the department of job and family services the | 58616 |
| money in the personal needs allowance account of a resident of the | 58617 |
| facility or home who was a recipient of the medical assistance | 58618 |
| program no earlier than sixty days but not later than ninety days | 58619 |
| after the resident dies. The adult care facility or home shall | 58620 |
| transfer the money even though the owner or operator of the | 58621 |
| facility or home has not been issued letters testamentary or | 58622 |
| letters of administration concerning the resident's estate. | 58623 |
| (C) If funeral or burial expenses for a resident of an adult | 58624 |
| care facility or home who has died have not been paid and the only | 58625 |
| resource the resident had that could be used to pay for the | 58626 |
| expenses is the money in the resident's personal needs allowance | 58627 |
| account, or all other resources of the resident are inadequate to | 58628 |
| pay the full cost of the expenses, the money in the resident's | 58629 |
| personal needs allowance account shall be used to pay for the | 58630 |
| expenses rather than being transferred to the department of job | 58631 |
| and family services pursuant to division (B) of this section. | 58632 |
| (D) If, not later than sixty days after a resident of an | 58633 |
| adult care facility or home dies, letters testamentary or letters | 58634 |
| of administration are issued, or an application for release from | 58635 |
| administration is filed under section 2113.03 of the Revised Code, | 58636 |
| concerning the resident's estate, the owner or operator of the | 58637 |
| facility or home shall transfer the money in the resident's | 58638 |
| personal needs allowance account to the administrator, executor, | 58639 |
| commissioner, or person who filed the application for release from | 58640 |
| administration. | 58641 |
| (E) The transfer or use of money in a resident's personal | 58642 |
| needs allowance account in accordance with division (B), (C), or | 58643 |
| (D) of this section discharges and releases the adult care | 58644 |
| facility or home, and the owner or operator of the facility or | 58645 |
| home, from any claim for the money from any source. | 58646 |
| (F) If, sixty-one or more days after a resident of an adult | 58647 |
| care facility or home dies, letters testamentary or letters of | 58648 |
| administration are issued, or an application for release from | 58649 |
| administration under section 2113.03 of the Revised Code is filed, | 58650 |
| concerning the resident's estate, the department of job and family | 58651 |
| services shall transfer the funds to the administrator, executor, | 58652 |
| commissioner, or person who filed the application, unless the | 58653 |
| department is entitled to recover the money under the estate | 58654 |
| recovery program instituted under section 5111.11 of the Revised | 58655 |
| Code. | 58656 |
| | 58657 |
|
facility" and "intermediate care facility for the | 58658 |
| retarded" have the same meanings as in section 5111.20 of the | 58659 |
| Revised Code. | 58660 |
| In determining the amount of income that a recipient of | 58661 |
| medical assistance must apply monthly toward payment of the cost | 58662 |
| of care in a nursing facility or intermediate care facility for | 58663 |
| the mentally retarded, the county department of job and family | 58664 |
| services shall deduct from the recipient's monthly income a | 58665 |
| monthly personal needs allowance in accordance with section 1902 | 58666 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. | 58667 |
| 1396a, as amended. | 58668 |
| For a resident of a nursing facility, the monthly personal | 58669 |
| needs allowance shall be not less than forty dollars for an | 58670 |
| individual resident and not less than eighty dollars for a married | 58671 |
| couple if both spouses are residents of a nursing facility. | 58672 |
| For a resident of an intermediate care facility for the | 58673 |
| mentally retarded, the monthly personal needs allowance shall be | 58674 |
| forty dollars unless the resident has earned income, in which case | 58675 |
| the monthly personal needs allowance shall be determined by the | 58676 |
| state department of job and family services but shall not exceed | 58677 |
| one hundred five dollars. | 58678 |
| Sec. 5111.16. (A) As part of the medicaid program, the | 58679 |
| department of job and family services shall establish a care | 58680 |
| management system. The department shall submit, if necessary, | 58681 |
| applications to the United States department of health and human | 58682 |
| services for waivers of federal medicaid requirements that would | 58683 |
| otherwise be violated in the implementation of the system. | 58684 |
| (B) The department shall implement the care management system | 58685 |
| in some or all counties and shall designate the medicaid | 58686 |
| recipients who are required or permitted to participate in the | 58687 |
| system. In the department's implementation of the system and | 58688 |
| designation of participants, all of the following apply: | 58689 |
| (1) In the case of individuals who receive medicaid on the | 58690 |
| basis of being included in the category identified by the | 58691 |
| department as covered families and children, the department shall | 58692 |
| implement the care management system in all counties. All | 58693 |
| individuals included in the category shall be designated for | 58694 |
| participation, except for indivduals included in one or more of | 58695 |
| the medicaid recipient groups specified in 42 C.F.R. 438.50(d). | 58696 |
| The department shall designate the participants not later than | 58697 |
| January 1, 2006. Beginning not later than December 31, 2006, the | 58698 |
| department shall ensure that all participants are enrolled in | 58699 |
| health insuring corporations under contract with the department | 58700 |
| pursuant to section 5111.17 of the Revised Code. | 58701 |
| (2) In the case of individuals who receive medicaid on the | 58702 |
| basis of being aged, blind, or disabled, as specified in division | 58703 |
| (A)(2) of section 5111.01 of the Revised Code, the department | 58704 |
| shall implement the care management system in all counties. All | 58705 |
| individuals included in the category shall be designated for | 58706 |
| participation, except for the individuals specified in divisions | 58707 |
| (B)(2)(a) to (e) of this section. Beginning not later than | 58708 |
| December 31, 2006, the department shall ensure that all | 58709 |
| participants are enrolled in health insuring corporations under | 58710 |
| contract with the department pursuant to section 5111.17 of the | 58711 |
| Revised Code. | 58712 |
| In designating participants who receive medicaid on the basis | 58713 |
| of being aged, blind, or disabled, the department shall not | 58714 |
| include any of the following: | 58715 |
| (a) Individuals who are under twenty-one years of age; | 58716 |
| (b) Individuals who are institutionalized; | 58717 |
| (c) Individuals who become eligible for medicaid by spending | 58718 |
| down their income or resources to a level that meets the medicaid | 58719 |
| program's financial eligibility requirements; | 58720 |
| (d) Individuals who are dually eligible under the medicaid | 58721 |
| program and the medicare program established under Title XVIII of | 58722 |
| the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as | 58723 |
| amended; | 58724 |
| (e) Individuals to the extent that they are receiving | 58725 |
| medicaid services through a medicaid waiver component, as defined | 58726 |
| in section 5111.85 of the Revised Code. | 58727 |
| (3) Alcohol, drug addiction, and mental health services | 58728 |
| covered by medicaid shall not be included in any component of the | 58729 |
| care management system when the nonfederal share of the cost of | 58730 |
| those services is provided by a board of alcohol, drug adiction, | 58731 |
| and mental health services or a state agency other than the | 58732 |
| department of job and family services, but the recipients of those | 58733 |
| services may otherwise be designated for participation in the | 58734 |
| system. | 58735 |
| | 58736 |
| (B) of this section, the department may do both of the following | 58737 |
| under the care management system: | 58738 |
| (1) Require or permit participants in the system to obtain | 58739 |
| health care services from providers designated by the department; | 58740 |
| (2) | 58741 |
| obtain health care services through managed care organizations | 58742 |
| under contract with the department pursuant to section 5111.17 of | 58743 |
| the Revised Code. | 58744 |
| | 58745 |
| the care management system. The report shall address the | 58746 |
| department's ability to implement the system, including all of the | 58747 |
| following components: | 58748 |
| (a) The required designation of participants included in the | 58749 |
| category identified by the department as covered families and | 58750 |
| children; | 58751 |
| (b) The required designation of participants included in the | 58752 |
| aged, blind, or disabled category of medicaid recipients; | 58753 |
| (c) The conduct of the pilot program for chronically ill | 58754 |
| children established under section 5111.163 of the Revised Code; | 58755 |
| (d) The use of any programs for enhanced care management. | 58756 |
| (2) The department shall submit each annual report to the | 58757 |
| general assembly. The first report shall be submitted not later | 58758 |
| than October 1, 2007. | 58759 |
| (E) The director of job and family services may adopt rules | 58760 |
| in accordance with Chapter 119. of the Revised Code to implement | 58761 |
| this section. | 58762 |
| Sec. 5111.161. (A) There is hereby created the medicaid care | 58763 |
| management working group, consisting of the following members: | 58764 |
| (1) Three individuals representing medicaid health insuring | 58765 |
| corporations, as defined in section 5111.176 of the Revised Code, | 58766 |
| one appointed by the president of the senate, one appointed by the | 58767 |
| speaker of the house of representatives, and one appointed by the | 58768 |
| governor; | 58769 |
| (2) One individual representing programs that provide | 58770 |
| enhanced care management services, appointed by the governor; | 58771 |
| (3) Four individuals representing health care professional | 58772 |
| and trade associations, appointed as follows: | 58773 |
| (a) One representative of the American academy of pediatrics, | 58774 |
| appointed by the president of the senate; | 58775 |
| (b) One representative of the American academy of family | 58776 |
| physicians, appointed by the speaker of the house of | 58777 |
| representatives; | 58778 |
| (c) One representative of the Ohio state medical association, | 58779 |
| appointed by the president of the senate; | 58780 |
| (d) One representative of the Ohio hospital association, | 58781 |
| appointed by the speaker of the house of representatives. | 58782 |
| (4) One individual representing behavioral health | 58783 |
| professional and trade associations, appointed by the speaker of | 58784 |
| the house of representatives; | 58785 |
| (5) Two individuals representing consumer advocates, one | 58786 |
| appointed by the president of the senate and one appointed by the | 58787 |
| speaker of the house of representatives; | 58788 |
| (6) One individual representing county departments of job and | 58789 |
| family services, appointed by the president of the senate; | 58790 |
| (7) Three individuals representing the business community, | 58791 |
| one appointed by the president of the senate, one appointed by the | 58792 |
| speaker of the house of representatives, and one appointed by the | 58793 |
| governor; | 58794 |
| (8) The director of job and family services or the director's | 58795 |
| designee; | 58796 |
| (9) The director of health or the director's designee; | 58797 |
| (10) The director of aging or the director's designee. | 58798 |
| (B) The members of the working group shall serve at the | 58799 |
| pleasure of their appointing authorities. Vacancies shall be | 58800 |
| filled in the manner provided for original appointments. | 58801 |
| (C) The working group shall develop guidelines that the | 58802 |
| department of job and family services may consider when entering | 58803 |
| into contracts under section 5111.17 of the Revised Code with | 58804 |
| managed care organizations for purposes of the care management | 58805 |
| system established under section 5111.16 of the Revised Code. The | 58806 |
| working group shall consult regularly with the departments of | 58807 |
| insurance, alcohol and drug addiction services, mental health, | 58808 |
| and mental retardation and developmental disabilities and the | 58809 |
| rehabilitation services commission. | 58810 |
| In developing the guidelines, the working group shall do all | 58811 |
| of the following: | 58812 |
| (1) Examine the best practice standards used in managed care | 58813 |
| programs and other health care and related systems to maximize | 58814 |
| patient and provider satisfaction, maintain quality of care, and | 58815 |
| obtain cost-effectiveness; | 58816 |
| (2) Consider the most effective means of facilitating the | 58817 |
| expansion of the care management system and increasing consistency | 58818 |
| within the system; | 58819 |
| (3) Make recommendations for coordinating the regulatory | 58820 |
| relationships involved in the medicaid care management system; | 58821 |
| (4) Make recommendations for improving the resolution of | 58822 |
| contracting issues among the providers involved in the care | 58823 |
| management system; | 58824 |
| (5) Make recommendations that the department may consider | 58825 |
| when developing and implementing the financial incentive program | 58826 |
| under division (B) of section 5111.17 of the Revised Code to | 58827 |
| improve and reward positive health outcomes through managed care | 58828 |
| contracts. In making these recommendations, the working group | 58829 |
| shall include all of the following: | 58830 |
| (a) Standards and procedures by which care management | 58831 |
| contractors may receive financial incentives for positive health | 58832 |
| outcomes measured on an individual basis; | 58833 |
| (b) Specific measures of positive health outcomes, | 58834 |
| particularly among individuals with high-risk health conditions; | 58835 |
| (c) Criteria for determining what constitutes a completed | 58836 |
| health outcome; | 58837 |
| (d) Methods of funding the program without requiring an | 58838 |
| increase in appropriations. | 58839 |
| (D) The working group shall prepare an annual report on its | 58840 |
| activities and shall submit the report to the president of the | 58841 |
| senate, speaker of the house of representatives, and governor. The | 58842 |
| report shall include any findings and recommendations the working | 58843 |
| group considers relevant to its duties. The working group shall | 58844 |
| complete an initial report not later than December 31, 2005. Each | 58845 |
| year thereafter, the working group shall complete its annual | 58846 |
| report by the last day of December. | 58847 |
| Sec. 5111.162. (A) As used in this section, "medicaid | 58848 |
| managed care organization" means a managed care organization that | 58849 |
| has entered into a contract with the department of job and family | 58850 |
| services pursuant to section 5111.17 of the Revised Code. | 58851 |
| (B) Except as provided in division (C) of this section, when | 58852 |
| a participant in the care management system established under | 58853 |
| section 5111.16 of the Revised Code is enrolled in a medicaid | 58854 |
| managed care organization and the organization refers the | 58855 |
| participant to a hospital that participates in the medicaid | 58856 |
| program but is not under contract with the organization, the | 58857 |
| hospital shall provide the service for which the referral was made | 58858 |
| and shall accept from the organization, as payment in full, the | 58859 |
| amount derived from the reimbursement rate used by the department | 58860 |
| to reimburse other hospitals of the same type for providing the | 58861 |
| same service to a medicaid recipient who is not enrolled in a | 58862 |
| medicaid managed care organization. | 58863 |
| (C) A hospital is not subject to division (B) of this section | 58864 |
| if all of the following are the case: | 58865 |
| (1) The hospital is located in a county in which participants | 58866 |
| in the care management system are required before January 1, 2006, | 58867 |
| to be enrolled in a medicaid managed care organization that is a | 58868 |
| health insuring corporation; | 58869 |
| (2) The hospital has entered into a contract before January | 58870 |
| 1, 2006, with at least one health insuring corporation serving the | 58871 |
| participants specified in division (C)(1) of this section; | 58872 |
| (3) The hospital remains under contract with at least one | 58873 |
| health insuring corporation serving participants in the care | 58874 |
| management system who are required to be enrolled in a health | 58875 |
| insuring corporation. | 58876 |
| (D) The director of job and family services shall adopt rules | 58877 |
| specifying the circumstances under which a medicaid managed care | 58878 |
| organization is permitted to refer a participant in the care | 58879 |
| management system to a hospital that is not under contract with | 58880 |
| the organization. The director may adopt any other rules necessary | 58881 |
| to implement this section. All rules adopted under this section | 58882 |
| shall be adopted in accordance with Chapter 119. of the Revised | 58883 |
| Code. | 58884 |
| Sec. 5111.163. (A) As used in this section, "chronically ill | 58885 |
| child" means an individual who is not more than twenty-one years | 58886 |
| of age and meets the conditions specified in division (A)(2) of | 58887 |
| section 5111.01 of the Revised Code to be eligible for medicaid on | 58888 |
| the basis of being blind or disabled. | 58889 |
| (B) Notwithstanding any conflicting provision of section | 58890 |
| 5111.16 of the Revised Code, the department of job and family | 58891 |
| services shall develop a pilot program for the care management of | 58892 |
| chronically ill children in accordance with this section. The | 58893 |
| pilot program shall be implemented not later than October 1, 2006, | 58894 |
| or, if by that date the department has not received any necessary | 58895 |
| federal approval to implement the program, as soon as practicable | 58896 |
| after receiving the approval. The department shall operate the | 58897 |
| program until October 1, 2008, except that the department shall | 58898 |
| cease operation of the program before that date if either of the | 58899 |
| following is the case: | 58900 |
| (1) The department determines that requiring chronically ill | 58901 |
| children to participate in the care management system is not a | 58902 |
| cost-effective means of providing medicaid services. | 58903 |
| (2) The combined state and federal cost of the children's | 58904 |
| care coordination described in division (D) of this section | 58905 |
| reaches three million dollars. | 58906 |
| (C) The department shall ensure that the pilot program is | 58907 |
| operated in at least three counties selected by the department. In | 58908 |
| its consideration of the counties to be selected, the department | 58909 |
| may give priority to Hamilton county and Muskingum county. The | 58910 |
| department may extend its operation of the program into the areas | 58911 |
| surrounding the counties in which the program is operated. | 58912 |
| (D) The purpose of the pilot program shall be to determine | 58913 |
| whether occurrences of acute illnesses and hospitalizations among | 58914 |
| chronically ill children can be prevented or reduced by | 58915 |
| establishing a medical home for the children where care is | 58916 |
| administered proactively and in a manner that is accessible, | 58917 |
| continuous, family-centered, coordinated, and compassionate. In | 58918 |
| establishing a medical home for a chronically ill child, all of | 58919 |
| the following apply: | 58920 |
| (1) A physician shall serve as the care coordinator for the | 58921 |
| child. The care coordinator may be engaged in practice as a | 58922 |
| pediatrician certified in pediatrics by a medical specialty board | 58923 |
| of the American medical association or American osteopathic | 58924 |
| association, a pediatric subspecialist, or a provider for the | 58925 |
| program for medically handicapped children in the department of | 58926 |
| health. If the physician is in a group practice, any member of the | 58927 |
| group practice may serve as the child's care coordinator. The | 58928 |
| duties of the care coordinator may be performed by a person acting | 58929 |
| under the supervision of the care coordinator. | 58930 |
| (2) The child may receive care from any health care | 58931 |
| practitioner appropriate to the child's needs, but the care | 58932 |
| coordinator shall direct and oversee the child's overall care. | 58933 |
| (3) The care coordinator shall establish a relationship of | 58934 |
| mutual responsibility with the child's parents or other persons | 58935 |
| who are responsible for the child. Under this relationship, the | 58936 |
| care coordinator shall commit to developing a long-term disease | 58937 |
| prevention strategy and providing disease management and education | 58938 |
| services, while the child's parents or other persons who are | 58939 |
| responsible for the child shall commit to participating fully in | 58940 |
| implementing the child's care management plan. | 58941 |
| (4) The medicaid program shall provide reimbursement for the | 58942 |
| reasonable and necessary costs of the services associated with | 58943 |
| care coordination, including, but not limited to, case management, | 58944 |
| care plan oversight, preventive care, health and behavioral care | 58945 |
| assessment and intervention, and any service modifier that | 58946 |
| reflects the provision of prolonged services or additional care. | 58947 |
| (E) The department shall conduct an evaluation of the pilot | 58948 |
| program's effectiveness. As part of the evaluation, the department | 58949 |
| shall maintain statistics on physician expenditures, hospital | 58950 |
| expenditures, preventable hospitalizations, and other matters the | 58951 |
| department considers necessary to conduct the evaluation. | 58952 |
| (F) The department shall adopt rules in accordance with | 58953 |
| Chapter 119. of the Revised Code as necessary to implement this | 58954 |
| section. The rules shall specify standards and procedures to be | 58955 |
| used in designating the chronically ill children who are required | 58956 |
| to participate in the pilot program. | 58957 |
| Sec. 5111.17. (A) The department of job and family services | 58958 |
| may enter into contracts with managed care organizations, | 58959 |
| including health insuring corporations, under which the | 58960 |
| organizations are authorized to provide, or arrange for the | 58961 |
| provision of, health care services to medical assistance | 58962 |
| recipients who are required or permitted to obtain health care | 58963 |
| services through managed care organizations as part of the care | 58964 |
| management system established under section 5111.16 of the Revised | 58965 |
| Code. | 58966 |
| (B) The department shall develop and implement a financial | 58967 |
| incentive program to improve and reward positive health outcomes | 58968 |
| through the managed care organization contracts entered into under | 58969 |
| this section. In developing and implementing the program, the | 58970 |
| department may take into consideration the recommendations | 58971 |
| regarding the program made by the medicaid care management working | 58972 |
| group created under section 5111.161 of the Revised Code. | 58973 |
| (C) The director of job and family services may adopt rules | 58974 |
| in accordance with Chapter 119. of the Revised Code to implement | 58975 |
| this section. | 58976 |
| Sec. 5111.176. (A) As used in this section: | 58977 |
| (1) "Medicaid health insuring corporation" means a health | 58978 |
| insuring corporation that holds a certificate of authority under | 58979 |
| Chapter 1751. of the Revised Code and has entered into a contract | 58980 |
| with the department of job and family services pursuant to section | 58981 |
| 5111.17 of the Revised Code. | 58982 |
| (2) "Managed care premium" means any premium payment, | 58983 |
| capitation payment, or other payment a medicaid health insuring | 58984 |
| corporation receives for providing, or arranging for the provision | 58985 |
| of, health care services to its members or enrollees residing in | 58986 |
| this state. | 58987 |
| (B) Except as provided in division (C) of this section, all | 58988 |
| of the following apply: | 58989 |
| (1) Each medicaid health insuring corporation shall pay to | 58990 |
| the department of job and family services a franchise permit fee | 58991 |
| for each calendar quarter occurring between January 1, 2006, and | 58992 |
| June 30, 2007. | 58993 |
| (2) The fee to be paid is an amount that is equal to a | 58994 |
| percentage of the managed care premiums the medicaid health | 58995 |
| insuring corporation received in the quarter to which the fee | 58996 |
| applies, excluding the amount of any managed care premiums the | 58997 |
| corporation returned or refunded to enrollees, members, or premium | 58998 |
| payers during that quarter. | 58999 |
| (3) The percentage to be used in calculating the fee shall be | 59000 |
| four and one-half per cent, unless the department adopts rules | 59001 |
| under division (L) of this section decreasing the percentage below | 59002 |
| four and one-half per cent or increasing the percentage to not | 59003 |
| more than six per cent. | 59004 |
| (C) The department shall reduce the franchise permit fee | 59005 |
| imposed under this section or terminate its collection of the fee | 59006 |
| if the department determines either of the following: | 59007 |
| (1) That the reduction or termination is required to comply | 59008 |
| with federal statutes or regulations; | 59009 |
| (2) That the fee does not qualify as a state share of | 59010 |
| medicaid expenditures eligible for federal financial | 59011 |
| participation. | 59012 |
| (D) The franchise permit fee shall be paid on or before the | 59013 |
| thirtieth day following the end of the calendar quarter to which | 59014 |
| the fee applies. At the time the fee is submitted, the medicaid | 59015 |
| health insuring corporation shall file with the department a | 59016 |
| report on a form prescribed by the department. The corporation | 59017 |
| shall provide on the form all information required by the | 59018 |
| department and shall include with the form any necessary | 59019 |
| supporting documentation. | 59020 |
| (E) The department may audit the records of any medicaid | 59021 |
| health insuring corporation to determine whether the corporation | 59022 |
| is in compliance with this section. The department may audit the | 59023 |
| records that pertain to a particular calendar quarter at any time | 59024 |
| during the five years following the date the franchise permit fee | 59025 |
| payment for that quarter was due. | 59026 |
| (F)(1) A medicaid health insuring corporation that does not | 59027 |
| pay the franchise permit fee in full by the date the payment is | 59028 |
| due is subject to any or all of the following: | 59029 |
| (a) A monetary penalty in the amount of five hundred dollars | 59030 |
| for each day any part of the fee remains unpaid, except that the | 59031 |
| penalty shall not exceed an amount equal to five per cent of the | 59032 |
| total fee that was due for the calendar quarter for which the | 59033 |
| penalty is being imposed; | 59034 |
| (b) Withholdings from future managed care premiums pursuant | 59035 |
| to division (G) of this section; | 59036 |
| (c) Termination of the corporation's medicaid provider | 59037 |
| agreement pursuant to division (H) of this section. | 59038 |
| (2) Penalties imposed under division (F)(1)(a) of this | 59039 |
| section are in addition to and not in lieu of the franchise permit | 59040 |
| fee. | 59041 |
| (G) If a medicaid health insuring corporation fails to pay | 59042 |
| the full amount of its franchise permit fee when due, or the full | 59043 |
| amount of a penalty imposed under division (F)(1)(a) of this | 59044 |
| section, the department may withhold an amount equal to the | 59045 |
| remaining amount due from any future managed care premiums to be | 59046 |
| paid to the corporation under the medicaid program. The department | 59047 |
| may withhold amounts under this division without providing notice | 59048 |
| to the corporation. The amounts may be withheld until the amount | 59049 |
| due has been paid. | 59050 |
| (H) The department may commence actions to terminate a | 59051 |
| medicaid health insuring corporation's medicaid provider | 59052 |
| agreement, and may terminate the agreement subject to division (I) | 59053 |
| of this section, if the corporation does any of the following: | 59054 |
| (1) Fails to pay its franchise permit fee or fails to pay the | 59055 |
| fee promptly; | 59056 |
| (2) Fails to pay a penalty imposed under division (F)(1)(a) | 59057 |
| of this section or fails to pay the penalty promptly; | 59058 |
| (3) Fails to cooperate with an audit conducted under division | 59059 |
| (E) of this section. | 59060 |
| (I) At the request of a medicaid health insuring corporation, | 59061 |
| the department shall grant the corporation a hearing in accordance | 59062 |
| with Chapter 119. of the Revised Code, if either of the following | 59063 |
| is the case: | 59064 |
| (1) The department has determined that the corporation owes | 59065 |
| an additional franchise permit fee or penalty as the result of an | 59066 |
| audit conducted under division (E) of this section. | 59067 |
| (2) The department is proposing to terminate the | 59068 |
| corporation's medicaid provider agreement and the provisions of | 59069 |
| section 5111.06 of the Revised Code requiring an adjudication in | 59070 |
| accordance with Chapter 119. of the Revised Code are applicable. | 59071 |
| (J)(1) At the request of a medicaid corporation, the | 59072 |
| department shall grant the corporation a reconsideration of any | 59073 |
| issue that arises out of the provisions of this section and is not | 59074 |
| subject to division (I) of this section. The department's decision | 59075 |
| at the conclusion of the reconsideration is not subject to appeal | 59076 |
| under Chapter 119. of the Revised Code or any other provision of | 59077 |
| the Revised Code. | 59078 |
| (2) In conducting a reconsideration, the department shall do | 59079 |
| at least the following: | 59080 |
| (a) Specify the time frames within which a corporation must | 59081 |
| act in order to exercise its opportunity for a reconsideration; | 59082 |
| (b) Permit the corporation to present written arguments or | 59083 |
| other materials that support the corporation's position. | 59084 |
| (K) There is hereby created in the state treasury the managed | 59085 |
| care assessment fund. Money collected from the franchise permit | 59086 |
| fees and penalties imposed under this section shall be credited to | 59087 |
| the fund. The department shall use the money in the fund to pay | 59088 |
| for medicaid services, the department's administrative costs, and | 59089 |
| contracts with medicaid health insuring corporations. | 59090 |
| (L) The director of job and family services may adopt rules | 59091 |
| to implement and administer this section. The rules shall be | 59092 |
| adopted in accordance with Chapter 119. of the Revised Code. | 59093 |
| Sec. 5111.177. When contracting under section 5111.17 of the | 59094 |
| Revised Code with a health insuring corporation that holds a | 59095 |
| certificate of authority under Chapter 1751. of the Revised Code, | 59096 |
| the department of job and family services shall require the health | 59097 |
| insuring corporation to provide a grievance process for medicaid | 59098 |
| recipients in accordance with 42 C.F.R. 438, subpart F. | 59099 |
| Sec. 5111.19. The director of job and family services shall | 59100 |
| adopt rules governing the calculation and payment of graduate | 59101 |
| medical education costs associated with services rendered to | 59102 |
| medicaid recipients
| 59103 |
| 30, 1994. | 59104 |
| rules shall provide for reimbursement of graduate medical | 59105 |
| education
costs associated with services rendered to | 59106 |
| 59107 | |
| 59108 | |
| contract with the department under section 5111.17 of the Revised | 59109 |
| Code, that the department determines are allowable and reasonable. | 59110 |
| If the department requires a | 59111 |
| managed care organization to pay a provider for graduate medical | 59112 |
| education costs associated with the delivery of services to | 59113 |
| 59114 | |
| organization, the department shall include in its payment to the | 59115 |
| 59116 | |
| organization to pay such costs. If the department does not include | 59117 |
| in its payments to the
| 59118 |
| organization amounts for graduate medical education costs of | 59119 |
| providers, all of the following apply: | 59120 |
| (A) | 59121 |
| Code, the department shall pay the provider for graduate medical | 59122 |
| education costs associated with the delivery of services to | 59123 |
| 59124 | |
| organization; | 59125 |
| (B) No provider shall seek reimbursement from the
| 59126 |
| organization for such costs; | 59127 |
| (C) The | 59128 |
| providers for such costs. | 59129 |
| Sec. 5111.191. (A) Except as provided in division (B) of | 59130 |
| this section, the department of job and family services may deny | 59131 |
| payment to a hospital for direct graduate medical education costs | 59132 |
| associated with the delivery of services to any medicaid recipient | 59133 |
| if the hospital refuses without good cause to contract with a | 59134 |
| managed care organization that serves participants in the care | 59135 |
| management system established under section 5111.16 of the Revised | 59136 |
| Code who are required to be enrolled in a managed care | 59137 |
| organization and the managed care organization serves the area in | 59138 |
| which the hospital is located. | 59139 |
| (B) A hospital is not subject to division (A) of this section | 59140 |
| if all of the following are the case: | 59141 |
| (1) The hospital is located in a county in which participants | 59142 |
| in the care management system are required before January 1, 2006, | 59143 |
| to be enrolled in a medicaid managed care organization that is a | 59144 |
| health insuring corporation. | 59145 |
| (2) The hospital has entered into a contract before January | 59146 |
| 1, 2006, with at least one health insuring corporation serving the | 59147 |
| participants specified in division (B)(1) of this section. | 59148 |
| (3) The hospital remains under contract with at least one | 59149 |
| health insuring corporation serving participants in the care | 59150 |
| management system who are required to be enrolled in a health | 59151 |
| insuring corporation. | 59152 |
| (C) The director of job and family services shall specify in | 59153 |
| the rules adopted under section 5111.19 of the Revised Code what | 59154 |
| constitutes good cause for a hospital to refuse to contract with a | 59155 |
| managed care organization. | 59156 |
| Sec. 5111.20. As used in sections 5111.20 to 5111.34 of the | 59157 |
| Revised Code: | 59158 |
| (A) "Allowable costs" are those costs determined by the | 59159 |
| department of job and family services to be reasonable and do not | 59160 |
| include fines paid under sections 5111.35 to 5111.61 and section | 59161 |
| 5111.99 of the Revised Code. | 59162 |
| (B) "Ancillary and support costs" means all reasonable costs | 59163 |
| incurred by a nursing facility other than direct care costs or | 59164 |
| capital costs. "Ancillary and support costs" includes, but is not | 59165 |
| limited to, costs of activities, social services, pharmacy | 59166 |
| consultants, medical and habilitation records, program supplies, | 59167 |
| incontinence supplies, food, enterals, dietary supplies and | 59168 |
| personnel, laundry, housekeeping, security, administration, | 59169 |
| medical equipment, utilities, liability insurance, bookkeeping, | 59170 |
| purchasing department, human resources, communications, travel, | 59171 |
| dues, license fees, subscriptions, home office costs not otherwise | 59172 |
| allocated, legal services, accounting services, minor equipment, | 59173 |
| maintenance and repairs, help-wanted advertising, informational | 59174 |
| advertising, start-up costs, organizational expenses, other | 59175 |
| interest, property insurance, employee training and staff | 59176 |
| development, employee benefits, payroll taxes, and workers' | 59177 |
| compensation premiums or costs for self-insurance claims and | 59178 |
| related costs as specified in rules adopted by the director of job | 59179 |
| and family services under section 5111.02 of the Revised Code, for | 59180 |
| personnel listed in this division. "Ancillary and support costs" | 59181 |
| also means the cost of equipment, including vehicles, acquired by | 59182 |
| operating lease executed before December 1, 1992, if the costs are | 59183 |
| reported as administrative and general costs on the facility's | 59184 |
| cost report for the cost reporting period ending December 31, | 59185 |
| 1992. | 59186 |
| (C) "Capital costs" means costs of ownership and, in the case | 59187 |
| of an intermediate care facility for the mentally retarded, costs | 59188 |
| of nonextensive renovation. | 59189 |
| (1) "Cost of ownership" means the actual expense incurred for | 59190 |
| all of the following: | 59191 |
| (a) Depreciation and interest on any capital assets that cost | 59192 |
| five hundred dollars or more per item, including the following: | 59193 |
| (i) Buildings; | 59194 |
| (ii) Building improvements that are not approved as | 59195 |
|
nonextensive renovations under section | 59196 |
| Revised Code; | 59197 |
| (iii) | 59198 |
| section, equipment; | 59199 |
| (iv) | 59200 |
| for the mentally retarded, extensive renovations; | 59201 |
| (v) Transportation equipment. | 59202 |
| (b) Amortization and interest on land improvements and | 59203 |
| leasehold improvements; | 59204 |
| (c) Amortization of financing costs; | 59205 |
| (d) Except as provided in division | 59206 |
| lease and rent of land, building, and equipment. | 59207 |
| The costs of capital assets of less than five hundred dollars | 59208 |
|
per item may be
considered capital costs | 59209 |
| accordance with a provider's practice. | 59210 |
| (2) "Costs of nonextensive renovation" means the actual | 59211 |
| expense incurred by an intermediate care facility for the mentally | 59212 |
| retarded for depreciation or amortization and interest on | 59213 |
| renovations that are not extensive renovations. | 59214 |
| | 59215 |
| construed in accordance with generally accepted accounting | 59216 |
| principles. | 59217 |
| | 59218 |
|
section | 59219 |
| direct-care resources needed to provide care and habilitation to a | 59220 |
| resident of a nursing facility or intermediate care facility for | 59221 |
| the mentally retarded. | 59222 |
| | 59223 |
| licensed as a nursing home under Chapter 3721. of the Revised | 59224 |
| Code, means the date specific beds were originally licensed as | 59225 |
| nursing home beds under that chapter, regardless of whether they | 59226 |
| were subsequently licensed as residential facility beds under | 59227 |
| section 5123.19 of the Revised Code. For a facility originally | 59228 |
| licensed as a residential facility under section 5123.19 of the | 59229 |
| Revised Code, "date of licensure" means the date specific beds | 59230 |
| were originally licensed as residential facility beds under that | 59231 |
| section. | 59232 |
| (1) If nursing home beds licensed under Chapter 3721. of the | 59233 |
| Revised Code or residential facility beds licensed under section | 59234 |
| 5123.19 of the Revised Code were not required by law to be | 59235 |
| licensed when they were originally used to provide nursing home or | 59236 |
| residential facility services, "date of licensure" means the date | 59237 |
| the beds first were used to provide nursing home or residential | 59238 |
| facility services, regardless of the date the present provider | 59239 |
| obtained licensure. | 59240 |
| (2) If a facility adds nursing home beds or residential | 59241 |
| facility beds or extensively renovates all or part of the facility | 59242 |
| after its original date of licensure, it will have a different | 59243 |
| date of licensure for the additional beds or extensively renovated | 59244 |
| portion of the facility, unless the beds are added in a space that | 59245 |
| was constructed at the same time as the previously licensed beds | 59246 |
| but was not licensed under Chapter 3721. or section 5123.19 of the | 59247 |
| Revised Code at that time. | 59248 |
| | 59249 |
| report submitted under section 5111.26 of the Revised Code have | 59250 |
| been subjected to a desk review under division (A) of section | 59251 |
| 5111.27 of the Revised Code and preliminarily determined to be | 59252 |
| allowable costs. | 59253 |
| | 59254 |
| (1)(a) Costs for registered nurses, licensed practical | 59255 |
| nurses, and nurse aides employed by the facility; | 59256 |
| (b) Costs for direct care staff, administrative nursing | 59257 |
|
staff, medical directors, | 59258 |
| 59259 | |
| 59260 | |
| professionals, program directors, respiratory therapists, | 59261 |
| habilitation supervisors, and except as provided in division | 59262 |
| (G)(2) of this section, other persons holding degrees qualifying | 59263 |
| them to provide therapy; | 59264 |
| (c) Costs of purchased nursing services; | 59265 |
| (d) Costs of quality assurance; | 59266 |
| (e) Costs of training and staff development, employee | 59267 |
| benefits, payroll taxes, and workers' compensation premiums or | 59268 |
| costs for self-insurance claims and related costs as specified in | 59269 |
| rules adopted by the director of job and family services in | 59270 |
| accordance with Chapter 119. of the Revised Code, for personnel | 59271 |
|
listed in
divisions | 59272 |
| (f) Costs of consulting and management fees related to direct | 59273 |
| care; | 59274 |
| (g) Allocated direct care home office costs. | 59275 |
| (2) In addition to the costs specified in division (H)(1) of | 59276 |
| this section, for nursing facilities only, direct care costs | 59277 |
| include medical supplies, emergency oxygen, habilitation supplies, | 59278 |
| and universal precautions supplies. | 59279 |
| (3) In addition to the costs specified in division | 59280 |
| of this section, for intermediate care facilities for the mentally | 59281 |
| retarded only, direct care costs include both of the following: | 59282 |
| (a) Costs for physical therapists and physical therapy | 59283 |
| assistants, occupational therapists and occupational therapy | 59284 |
|
assistants, speech therapists, | 59285 |
| staff, activities staff, psychologists and psychology assistants, | 59286 |
| and social workers and counselors; | 59287 |
| (b) Costs of training and staff development, employee | 59288 |
| benefits, payroll taxes, and workers' compensation premiums or | 59289 |
| costs for self-insurance claims and related costs as specified in | 59290 |
|
rules adopted | 59291 |
| 59292 | |
| Code, for personnel
listed in division
| 59293 |
| section. | 59294 |
| | 59295 |
|
specified
as direct care costs in rules adopted | 59296 |
| 59297 | |
| section 5111.02 of the Revised Code. | 59298 |
| | 59299 |
| specified in section 9.34 of the Revised Code. | 59300 |
| | 59301 |
| sections 3721.50 to 3721.58 of the Revised Code. | 59302 |
| (K) "Indirect care costs" means all reasonable costs incurred | 59303 |
| by an intermediate care facility for the mentally retarded other | 59304 |
| than direct care costs, other protected costs, or capital costs. | 59305 |
| "Indirect care costs" includes but is not limited to costs of | 59306 |
| habilitation supplies, pharmacy consultants, medical and | 59307 |
| habilitation records, program supplies, incontinence supplies, | 59308 |
| food, enterals, dietary supplies and personnel, laundry, | 59309 |
| housekeeping, security, administration, liability insurance, | 59310 |
| bookkeeping, purchasing department, human resources, | 59311 |
| communications, travel, dues, license fees, subscriptions, home | 59312 |
| office costs not otherwise allocated, legal services, accounting | 59313 |
| services, minor equipment, maintenance and repairs, help-wanted | 59314 |
| advertising, informational advertising, start-up costs, | 59315 |
| organizational expenses, other interest, property insurance, | 59316 |
| employee training and staff development, employee benefits, | 59317 |
| payroll taxes, and workers' compensation premiums or costs for | 59318 |
| self-insurance claims and related costs as specified in rules | 59319 |
|
adopted | 59320 |
| 59321 | |
| personnel listed in this division. Notwithstanding division | 59322 |
| 59323 | |
| cost of equipment, including vehicles, acquired by operating lease | 59324 |
| executed before December 1, 1992, if the costs are reported as | 59325 |
| administrative and general costs on the facility's cost report for | 59326 |
| the cost reporting period ending December 31, 1992. | 59327 |
| | 59328 |
| resident, regardless of payment source, occupies a bed in a | 59329 |
| nursing facility or intermediate care facility for the mentally | 59330 |
| retarded that is included in the facility's certified capacity | 59331 |
|
under Title XIX | 59332 |
| 59333 | |
| for which payment is made under section 5111.33 of the Revised | 59334 |
| Code are considered inpatient days proportionate to the percentage | 59335 |
| of the facility's per resident per day rate paid for those days. | 59336 |
| | 59337 |
| means an intermediate care facility for the mentally retarded | 59338 |
| certified as in compliance with applicable standards for the | 59339 |
| 59340 | |
|
accordance
with Title XIX | 59341 |
| | 59342 |
|
provided in division | 59343 |
| are necessary and proper to maintain an asset in a normally | 59344 |
| efficient working condition and that do not extend the useful life | 59345 |
| of the asset two years or more. "Maintenance and repair expenses" | 59346 |
| includes but is not limited to the cost of ordinary repairs such | 59347 |
| as painting and wallpapering. | 59348 |
| | 59349 |
| who is a Medicaid recipient eligible for nursing facility services | 59350 |
| occupies a bed in a nursing facility that is included in the | 59351 |
| nursing facility's certified capacity under Title XIX. Therapeutic | 59352 |
| or hospital leave days for which payment is made under section | 59353 |
| 5111.33 of the Revised Code are considered Medicaid days | 59354 |
| proportionate to the percentage of the nursing facility's per | 59355 |
| resident per day rate paid for those days. | 59356 |
| (P) "Nursing facility" means a facility, or a distinct part | 59357 |
| of a facility, that is certified as a nursing facility by the | 59358 |
|
director of health in accordance with Title XIX | 59359 |
| 59360 | |
| mentally retarded. "Nursing facility" includes a facility, or a | 59361 |
| distinct part of a facility, that is certified as a nursing | 59362 |
|
facility by the director of health in accordance with
Title XIX | 59363 |
| 59364 | |
|
facility by the director in accordance with Title
XVIII | 59365 |
| 59366 |
| | 59367 |
| responsible for the daily operating and management decisions for a | 59368 |
| nursing facility or intermediate care facility for the mentally | 59369 |
| retarded. | 59370 |
| (R) "Other protected costs" means costs incurred by an | 59371 |
| intermediate care facility for the mentally retarded for medical | 59372 |
| supplies; real estate, franchise, and property taxes; natural gas, | 59373 |
| fuel oil, water, electricity, sewage, and refuse and hazardous | 59374 |
| medical waste collection; allocated other protected home office | 59375 |
| costs; and any additional costs defined as other protected costs | 59376 |
|
in rules adopted | 59377 |
| 59378 | |
| Code. | 59379 |
| | 59380 |
| has at least five per cent ownership or interest, either directly, | 59381 |
| indirectly, or in any combination, in any of the following | 59382 |
| regarding a nursing facility or intermediate care facility for the | 59383 |
| mentally retarded: | 59384 |
| (a) The land on which the facility is located; | 59385 |
| (b) The structure in which the facility is located; | 59386 |
| (c) Any mortgage, contract for deed, or other obligation | 59387 |
| secured in whole or in part by the land or structure on or in | 59388 |
| which the facility is located; | 59389 |
| (d) Any lease or sublease of the land or structure on or in | 59390 |
| which the facility is located. | 59391 |
| (2) "Owner" does not mean a holder of a debenture or bond | 59392 |
| related to the nursing facility or intermediate care facility for | 59393 |
| the mentally retarded and purchased at public issue or a regulated | 59394 |
| lender that has made a loan related to the facility unless the | 59395 |
| holder or lender operates the facility directly or through a | 59396 |
| subsidiary. | 59397 |
| | 59398 |
| | 59399 |
| this section, "per diem" means a nursing facility's or | 59400 |
| intermediate care facility for the mentally retarded's actual, | 59401 |
| allowable costs in a given cost center in a cost reporting period, | 59402 |
| divided by the facility's inpatient days for that cost reporting | 59403 |
| period. | 59404 |
| (1) When calculating indirect care costs for the purpose of | 59405 |
|
establishing rates under section | 59406 |
|
Revised Code,
"per diem" means | 59407 |
| facility for the mentally retarded's actual, allowable indirect | 59408 |
| care costs in a cost reporting period divided by the greater of | 59409 |
| the facility's inpatient days for that period or the number of | 59410 |
| inpatient days the facility would have had during that period if | 59411 |
| its occupancy rate had been eighty-five per cent. | 59412 |
| (2) When calculating capital costs for the purpose of | 59413 |
|
establishing rates under section | 59414 |
| Revised Code, "per diem" means a facility's actual, allowable | 59415 |
| capital costs in a cost reporting period divided by the greater of | 59416 |
| the facility's inpatient days for that period or the number of | 59417 |
| inpatient days the facility would have had during that period if | 59418 |
| its occupancy rate had been ninety-five per cent. | 59419 |
| | 59420 |
| 59421 | |
| 59422 |
| | 59423 |
| department of job and family services and the operator of a | 59424 |
| nursing facility or intermediate care facility for the mentally | 59425 |
| retarded for the provision of nursing facility services or | 59426 |
| intermediate care facility services for the mentally retarded | 59427 |
| under the | 59428 |
| | 59429 |
| provided in a nursing facility by registered nurses, licensed | 59430 |
| practical nurses, or nurse aides who are not employees of the | 59431 |
| facility. | 59432 |
| | 59433 |
| is appropriate and helpful to develop and maintain the operation | 59434 |
| of patient care facilities and activities, including normal | 59435 |
| standby costs, and that does not exceed what a prudent buyer pays | 59436 |
| for a given item or services. Reasonable costs may vary from | 59437 |
| provider to provider and from time to time for the same provider. | 59438 |
| | 59439 |
| that, to a significant extent, has common ownership with, is | 59440 |
| associated or affiliated with, has control of, or is controlled | 59441 |
| by, the provider. | 59442 |
| (1) An individual who is a relative of an owner is a related | 59443 |
| party. | 59444 |
| (2) Common ownership exists when an individual or individuals | 59445 |
| possess significant ownership or equity in both the provider and | 59446 |
| the other organization. Significant ownership or equity exists | 59447 |
| when an individual or individuals possess five per cent ownership | 59448 |
| or equity in both the provider and a supplier. Significant | 59449 |
| ownership or equity is presumed to exist when an individual or | 59450 |
| individuals possess ten per cent ownership or equity in both the | 59451 |
| provider and another organization from which the provider | 59452 |
| purchases or leases real property. | 59453 |
| (3) Control exists when an individual or organization has the | 59454 |
| power, directly or indirectly, to significantly influence or | 59455 |
| direct the actions or policies of an organization. | 59456 |
| (4) An individual or organization that supplies goods or | 59457 |
| services to a provider shall not be considered a related party if | 59458 |
| all of the following conditions are met: | 59459 |
| (a) The supplier is a separate bona fide organization. | 59460 |
| (b) A substantial part of the supplier's business activity of | 59461 |
| the type carried on with the provider is transacted with others | 59462 |
| than the provider and there is an open, competitive market for the | 59463 |
| types of goods or services the supplier furnishes. | 59464 |
| (c) The types of goods or services are commonly obtained by | 59465 |
| other nursing facilities or intermediate care facilities for the | 59466 |
| mentally retarded from outside organizations and are not a basic | 59467 |
| element of patient care ordinarily furnished directly to patients | 59468 |
| by the facilities. | 59469 |
| (d) The charge to the provider is in line with the charge for | 59470 |
| the goods or services in the open market and no more than the | 59471 |
| charge made under comparable circumstances to others by the | 59472 |
| supplier. | 59473 |
| | 59474 |
| related to an owner of a nursing facility or intermediate care | 59475 |
| facility for the mentally retarded by one of the following | 59476 |
| relationships: | 59477 |
| (1) Spouse; | 59478 |
| (2) Natural parent, child, or sibling; | 59479 |
| (3) Adopted parent, child, or sibling; | 59480 |
| (4) | 59481 |
| 59482 |
| (5) Father-in-law, mother-in-law, son-in-law, | 59483 |
| daughter-in-law, brother-in-law, or sister-in-law; | 59484 |
| (6) Grandparent or grandchild; | 59485 |
| (7) Foster caregiver, foster child, foster brother, or foster | 59486 |
| sister. | 59487 |
| | 59488 |
| (1) Any betterment, improvement, or restoration of | 59489 |
| 59490 | |
| retarded started before July 1, 1993, that meets the definition of | 59491 |
| a renovation or extensive renovation established in rules adopted | 59492 |
| by the director of job and family services in effect on December | 59493 |
| 22, 1992. | 59494 |
| (2) In the case of betterments, improvements, and | 59495 |
|
restorations of | 59496 |
| facilities for the mentally retarded started on or after July 1, | 59497 |
| 1993: | 59498 |
| (a) "Renovation" means the betterment, improvement, or | 59499 |
|
restoration of | 59500 |
| for the mentally retarded beyond its current functional capacity | 59501 |
| through a structural change that costs at least five hundred | 59502 |
| dollars per bed. A renovation may include betterment, improvement, | 59503 |
| restoration, or replacement of assets that are affixed to the | 59504 |
| building and have a useful life of at least five years. A | 59505 |
| renovation may include costs that otherwise would be considered | 59506 |
| maintenance and repair expenses if they are an integral part of | 59507 |
| the structural change that makes up the renovation project. | 59508 |
| "Renovation" does not mean construction of additional space for | 59509 |
| beds that will be added to a facility's licensed or certified | 59510 |
| capacity. | 59511 |
| (b) "Extensive renovation" means a renovation that costs more | 59512 |
| than sixty-five per cent and no more than eighty-five per cent of | 59513 |
| the cost of constructing a new bed and that extends the useful | 59514 |
| life of the assets for at least ten years. | 59515 |
| For the purposes of division | 59516 |
| cost of constructing a new bed shall be considered to be forty | 59517 |
| thousand dollars, adjusted for the estimated rate of inflation | 59518 |
| from January 1, 1993, to the end of the calendar year during which | 59519 |
| the renovation is completed, using the consumer price index for | 59520 |
| shelter costs for all urban consumers for the north central | 59521 |
| region, as published by the United States bureau of labor | 59522 |
| statistics. | 59523 |
| The department of job and family services may treat a | 59524 |
| renovation that costs more than eighty-five per cent of the cost | 59525 |
| of constructing new beds as an extensive renovation if the | 59526 |
| department determines that the renovation is more prudent than | 59527 |
| construction of new beds. | 59528 |
| (CC) "Title XIX" means Title XIX of the "Social Security | 59529 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended. | 59530 |
| (DD) "Title XVIII" means Title XVIII of the "Social Security | 59531 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 59532 |
| Sec. 5111.204. (A) As used in this section | 59533 |
| 59534 | |
| acting on behalf
of an
applicant for or recipient of | 59535 |
| 59536 | |
| attorney, hospital social worker, or any other person chosen to | 59537 |
| act on behalf of an applicant or recipient. | 59538 |
| (B) The department of job and family services may require | 59539 |
| each applicant for or recipient of | 59540 |
| applies or intends to apply for admission to a nursing facility or | 59541 |
| resides in a nursing facility to undergo an assessment to | 59542 |
| determine whether the applicant or recipient needs the level of | 59543 |
| care provided by a nursing facility. | 59544 |
| performed concurrently with a long-term care consultation provided | 59545 |
| under section 173.42 of the Revised Code. | 59546 |
| To the maximum extent possible, the assessment shall be based | 59547 |
| on information from the resident assessment instrument specified | 59548 |
| in rules adopted by the director of job and family services under | 59549 |
| division
| 59550 |
| The assessment shall also be based on criteria and procedures | 59551 |
| established in rules adopted under division | 59552 |
| and information provided by the person being assessed or the | 59553 |
| person's representative. | 59554 |
| The department of job and family services, or if the | 59555 |
| assessment is performed
by | 59556 |
| contract with the department pursuant to division (G) of this | 59557 |
| section | 59558 |
| than the time the | 59559 |
| the assessment is required to be | 59560 |
| (C) of this section, give written notice of its conclusions and | 59561 |
| the basis for them to the person assessed and, if the department | 59562 |
| of job and family services or | 59563 |
| contract with the department has been informed that the person has | 59564 |
| a representative, to the representative. | 59565 |
| (C) The department of job and family services or | 59566 |
| agency under contract with the department, whichever performs the | 59567 |
| assessment, shall | 59568 |
| 59569 | |
| 59570 | |
| determination based on the assessment as follows: | 59571 |
| (1) In the case of a person applying or intending to apply | 59572 |
| for admission to a nursing facility while hospitalized, not later | 59573 |
| than one of the following: | 59574 |
| (a) One working day after the person or the person's | 59575 |
|
representative submits | 59576 |
| 59577 | |
| intention to apply and submits all information required for | 59578 |
| providing the level of care determination, as specified in rules | 59579 |
| adopted under division (F)(2) of this section; | 59580 |
| (b) A later date requested by the person or the person's | 59581 |
| representative. | 59582 |
| (2) In the case of | 59583 |
| 59584 | |
| 59585 | |
| 59586 | |
| 59587 |
| | 59588 |
| apply for admission to a nursing facility who is not hospitalized, | 59589 |
| not later than one of the following: | 59590 |
| (a) Five calendar days after the person or the person's | 59591 |
| representative submits the application or notifies the department | 59592 |
| of the person's intention to apply and submits all information | 59593 |
| required for providing the level of care determination, as | 59594 |
| specified in rules adopted under division (F)(2) of this section; | 59595 |
| (b) A later date requested by the person or the person's | 59596 |
| representative. | 59597 |
| (3) In the case of a person who resides in a nursing | 59598 |
| facility, not later than one of the following: | 59599 |
| (a) Five calendar days after the person or the person's | 59600 |
| representative submits an application for medical assistance and | 59601 |
| submits all information required for providing the level of care | 59602 |
| determination, as specified in rules adopted under division (F)(2) | 59603 |
| of this section; | 59604 |
| (b) A later date requested by the person or the person's | 59605 |
| representative. | 59606 |
| (4) In the case of an emergency, as specified in rules | 59607 |
| adopted under division (F)(4) of this section, within the number | 59608 |
| of days specified in the rules. | 59609 |
| (D) | 59610 |
| 59611 | |
| 59612 | |
| 59613 | |
| 59614 | |
| 59615 | |
| 59616 |
| | 59617 |
| 59618 | |
| 59619 | |
| 59620 | |
| 59621 |
| | 59622 |
| representative may
| 59623 |
| conclusions reached by the department of job and family services | 59624 |
| or | 59625 |
| basis of the assessment. The | 59626 |
| shall be made in accordance with section 5101.35 of the Revised | 59627 |
| Code. The department of job and family services or
| 59628 |
| agency | 59629 |
| department shall provide to the person or the person's | 59630 |
| representative and the nursing facility written notice of the | 59631 |
| person's right to | 59632 |
| include
an explanation of the procedure for | 59633 |
| requesting a state hearing. If a state hearing is requested, the | 59634 |
| state shall be represented in the hearing by the department of job | 59635 |
| and family services or the agency under contract with the | 59636 |
| department, whichever performed the assessment. | 59637 |
| | 59638 |
|
determined pursuant to an assessment required under | 59639 |
| 59640 | |
|
the nursing facility shall not be reimbursed under the | 59641 |
| 59642 |
| | 59643 |
| rules in accordance with Chapter 119. of the Revised Code to | 59644 |
| implement and administer this section. The rules shall include all | 59645 |
| of the following: | 59646 |
| (1) Criteria and procedures to be used in determining whether | 59647 |
| admission to a nursing facility or continued stay in a nursing | 59648 |
| facility is appropriate for the
person being assessed | 59649 |
| 59650 | |
| 59651 |
| | 59652 |
| | 59653 |
| 59654 |
| | 59655 |
| 59656 |
| (2) Information the person being assessed or the person's | 59657 |
|
representative must provide to the department or | 59658 |
| under contract with the department for purposes of the assessment | 59659 |
| and providing a level of care determination based on the | 59660 |
| assessment; | 59661 |
| (3) | 59662 |
| 59663 | |
| 59664 |
| | 59665 |
| assessed; | 59666 |
| (4) Circumstances that constitute an emergency for purposes | 59667 |
| of division (C)(4) of this section and the number of days within | 59668 |
| which a level of care determination must be provided in the case | 59669 |
| of an emergency. | 59670 |
| (G) Pursuant to section 5111.91 of the Revised Code, the | 59671 |
| department of job and family services may enter into contracts in | 59672 |
| the form of interagency agreements with one or more other state | 59673 |
| agencies to perform the assessments required under this section. | 59674 |
| The interagency agreements shall specify the responsibilities of | 59675 |
| each agency in the performance of the assessments. | 59676 |
| Sec. 5111.21. (A) | 59677 |
| 59678 | |
| 59679 | |
| 59680 | |
| 59681 | |
| 59682 | |
| 59683 |
| In order to be eligible for | 59684 |
| payments, the operator of a nursing facility or intermediate care | 59685 |
| facility for the mentally retarded shall do all of the following: | 59686 |
| (1) Enter into a provider agreement with the department as | 59687 |
| provided in section 5111.22, 5111.671, or 5111.672 of the Revised | 59688 |
| Code; | 59689 |
| (2) Apply for and maintain a valid license to operate if so | 59690 |
| required by law; | 59691 |
| (3) Comply with all applicable state and federal laws and | 59692 |
| rules. | 59693 |
| (B) | 59694 |
| section, the operator of a nursing facility that elects to obtain | 59695 |
| and maintain eligibility for payments under the medicaid program | 59696 |
| shall qualify all of the facility's medicaid-certified beds in the | 59697 |
| medicare program established by Title XVIII | 59698 |
| 59699 | |
| of job and family services may adopt rules | 59700 |
| 59701 | |
| establish the time frame in which a nursing facility must comply | 59702 |
| with this requirement. | 59703 |
| (2) The Ohio veteran's home agency is not required to qualify | 59704 |
| all of the medicaid-certified beds in a nursing facility the | 59705 |
| agency maintains and operates under section 5907.01 of the Revised | 59706 |
| Code in the medicare program. | 59707 |
| Sec. 5111.22. A provider agreement between the department of | 59708 |
| job and family services and the provider of a nursing facility or | 59709 |
| intermediate care facility for the mentally retarded shall contain | 59710 |
| the following provisions: | 59711 |
| (A) The department agrees to make payments to the | 59712 |
| 59713 | |
| 59714 | |
| 59715 | |
| 5111.33 of the Revised Code, for medicaid-covered services the | 59716 |
| facility provides to a resident of the facility who is a medicaid | 59717 |
| recipient. No payment shall be made for the day a medicaid | 59718 |
| recipient is discharged from the facility. | 59719 |
| (B) The provider agrees to: | 59720 |
| (1) Maintain eligibility as provided in section 5111.21 of | 59721 |
| the Revised Code; | 59722 |
| (2) Keep records relating to a cost reporting period for the | 59723 |
| greater of seven years after the cost report is filed or, if the | 59724 |
| department issues an audit report in accordance with division (B) | 59725 |
| of section 5111.27 of the Revised Code, six years after all appeal | 59726 |
| rights relating to the audit report are exhausted; | 59727 |
| (3) File reports as required by the department; | 59728 |
| (4) Open all records relating to the costs of its services | 59729 |
| for inspection and audit by the department; | 59730 |
| (5) Open its premises for inspection by the department, the | 59731 |
| department of health, and any other state or local authority | 59732 |
| having authority to inspect; | 59733 |
| (6) Supply to the department such information as it requires | 59734 |
|
concerning the facility's services to | 59735 |
| or are eligible to be medicaid recipients; | 59736 |
| (7) Comply with section 5111.31 of the Revised Code. | 59737 |
| The provider agreement may contain other provisions that are | 59738 |
| consistent with law and considered necessary by the department. | 59739 |
| A provider agreement shall be effective for no longer than | 59740 |
| twelve months, except that if federal statute or regulations | 59741 |
| authorize a longer term, it may be effective for a longer term so | 59742 |
| authorized. A provider agreement may be renewed only if the | 59743 |
| facility is certified by the department of health for | 59744 |
| participation in the medicaid program. | 59745 |
| The department of job and family services, in accordance with | 59746 |
|
rules
adopted | 59747 |
| section 5111.02 of the Revised Code, may elect not to enter into, | 59748 |
| not to renew, or to terminate a provider agreement when the | 59749 |
| department determines that such an agreement would not be in the | 59750 |
| best interests of | 59751 |
| Sec. 5111.221. The department of job and family services | 59752 |
| shall make its best efforts each year to calculate rates under | 59753 |
| sections | 59754 |
| time to use them to make the payments due to | 59755 |
| 59756 | |
| providers by the fifteenth day of August. If the department is | 59757 |
| unable to calculate the rates so that they can be paid by that | 59758 |
| date, the department shall pay each | 59759 |
| calculated for | 59760 |
| intermediate care facilities for the mentally retarded under those | 59761 |
| sections at the end of the previous fiscal year. If the department | 59762 |
| also is unable to calculate the rates to make the payments due by | 59763 |
| the fifteenth day of September and the fifteenth day of October, | 59764 |
| the department shall pay the previous fiscal year's rate to make | 59765 |
| those payments. The department may increase by five per cent the | 59766 |
| previous fiscal year's rate
paid | 59767 |
| this section at the request of the | 59768 |
| department shall use rates calculated for the current fiscal year | 59769 |
| to make the payments due by the fifteenth day of November. | 59770 |
| If the rate paid to a provider for a facility pursuant to | 59771 |
| this section is lower than the
rate calculated for | 59772 |
| for the current fiscal year, the department shall pay
the | 59773 |
| provider the difference between the two rates for the number of | 59774 |
| days for
which the | 59775 |
| pursuant to this section. If the rate paid | 59776 |
| pursuant to this section is higher than the rate calculated for it | 59777 |
|
for the current fiscal year, the | 59778 |
| the department the difference between the two rates for the number | 59779 |
| of days for which the | 59780 |
| pursuant to this section. | 59781 |
| Sec. 5111.222. (A) Except as otherwise provided by sections | 59782 |
| 5111.20 to 5111.33 of the Revised Code and by division (B) of this | 59783 |
| section, the payments that the department of job and family | 59784 |
| services shall agree to make to the provider of a nursing facility | 59785 |
| pursuant to a provider agreement shall equal the sum of all of the | 59786 |
| following: | 59787 |
| (1) The rate for direct care costs determined for the nursing | 59788 |
| facility under section 5111.231 of the Revised Code; | 59789 |
| (2) The rate for ancillary and support costs determined for | 59790 |
| the nursing facility's ancillary and support cost peer group under | 59791 |
| section 5111.24 of the Revised Code; | 59792 |
| (3) The rate for tax costs determined for the nursing | 59793 |
| facility under section 5111.242 of the Revised Code; | 59794 |
| (4) The rate for franchise permit fees determined for the | 59795 |
| nursing facility under section 5111.243 of the Revised Code; | 59796 |
| (5) The quality incentive payment paid to the nursing | 59797 |
| facility's quality tier group under section 5111.244 of the | 59798 |
| Revised Code; | 59799 |
| (6) The median rate for capital costs for the nursing | 59800 |
| facilities in the nursing facility's capital costs peer group as | 59801 |
| determined under section 5111.25 of the Revised Code. | 59802 |
| (B) The department shall adjust the payment otherwise | 59803 |
| determined under division (A) of this section as directed by the | 59804 |
| general assembly through the enactment of law governing medicaid | 59805 |
| payments to providers of nursing facilities, including any law | 59806 |
| that does either of the following: | 59807 |
| (1) Establishes factors by which the payments are to be | 59808 |
| adjusted; | 59809 |
| (2) Establishes a methodology for phasing in the rates | 59810 |
| determined for fiscal year 2006 under uncodified law the general | 59811 |
| assembly enacts to rates determined for subsequent fiscal years | 59812 |
| under sections 5111.20 to 5111.33 of the Revised Code. | 59813 |
| Sec. 5111.223. The operator of a nursing facility or | 59814 |
| intermediate care facility for the mentally retarded may enter | 59815 |
| into provider agreements for more than one nursing facility or | 59816 |
| intermediate care facility for the mentally retarded. | 59817 |
| Sec. 5111.23. (A) The department of job and family services | 59818 |
| shall
pay a provider for each of the provider's eligible | 59819 |
| 59820 | |
| mentally retarded a per resident per day rate for direct care | 59821 |
| costs established prospectively for each facility. The department | 59822 |
| shall establish each facility's rate for direct care costs | 59823 |
| quarterly. | 59824 |
| (B) Each facility's rate for direct care costs shall be based | 59825 |
| on the facility's cost per case-mix unit, subject to the maximum | 59826 |
| costs per case-mix unit established under division (B)(2) of this | 59827 |
| section, from the calendar year preceding the fiscal year in which | 59828 |
| the rate is paid. To determine the rate, the department shall do | 59829 |
| all of the following: | 59830 |
| (1) Determine each facility's cost per case-mix unit for the | 59831 |
| calendar year preceding the fiscal year in which the rate will be | 59832 |
| paid by dividing the facility's desk-reviewed, actual, allowable, | 59833 |
| per diem direct care costs for that year by its average case-mix | 59834 |
| score determined under section | 59835 |
| Code for the same calendar year. | 59836 |
| (2)(a) | 59837 |
| 59838 | |
| 59839 | |
| 59840 | |
| 59841 | |
| 59842 | |
| 59843 | |
| 59844 |
| | 59845 |
| group of intermediate care facilities for the mentally retarded | 59846 |
| with more than eight beds specified in rules adopted under | 59847 |
| division (E) of this section at a percentage above the cost per | 59848 |
| case-mix unit of the facility in the group that has the group's | 59849 |
| median medicaid inpatient day for the calendar year preceding the | 59850 |
| fiscal year in which the rate will be paid, as calculated under | 59851 |
| division (B)(1) of this section, that is no less than the | 59852 |
| percentage calculated under division (D)(2) of this section. | 59853 |
| | 59854 |
| group of intermediate care facilities for the mentally retarded | 59855 |
| with eight or fewer beds specified in rules adopted under division | 59856 |
| (E) of this section at a percentage above the cost per case-mix | 59857 |
| unit of the facility in the group that has the group's median | 59858 |
| medicaid inpatient day for the calendar year preceding the fiscal | 59859 |
| year in which the rate will be paid, as calculated under division | 59860 |
| (B)(1) of this section, that is no less than the percentage | 59861 |
| calculated under division (D)(3) of this section. | 59862 |
| | 59863 |
| under divisions
(B)(2)(a) to | 59864 |
| group, the department shall exclude from its calculations the cost | 59865 |
| per case-mix unit of any facility in the group that participated | 59866 |
| in the | 59867 |
| for less than twelve months during the calendar year preceding the | 59868 |
| fiscal year in which the rate will be paid. | 59869 |
| (3) Estimate the rate of inflation for the eighteen-month | 59870 |
| period beginning on the first day of July of the calendar year | 59871 |
| preceding the fiscal year in which the rate will be paid and | 59872 |
| ending on the thirty-first day of December of the fiscal year in | 59873 |
| which the rate will be paid, using the employment cost index for | 59874 |
| total compensation, health services component, published by the | 59875 |
| United States bureau of labor statistics. If the estimated | 59876 |
| inflation rate for the eighteen-month period is different from the | 59877 |
| actual inflation rate for that period, as measured using the same | 59878 |
| index, the difference shall be added to or subtracted from the | 59879 |
| inflation rate estimated under division (B)(3) of this section for | 59880 |
| the following fiscal year. | 59881 |
| (4) The department shall not recalculate a maximum cost per | 59882 |
| case-mix unit under division (B)(2) of this section or a | 59883 |
| percentage under division (D) of this section based on additional | 59884 |
| information that it receives after the maximum costs per case-mix | 59885 |
| unit or percentages are set. The department shall recalculate a | 59886 |
| maximum cost per case-mix units or percentage only if it made an | 59887 |
| error in computing the maximum cost per case-mix unit or | 59888 |
| percentage based on information available at the time of the | 59889 |
| original calculation. | 59890 |
| (C) Each facility's rate for direct care costs shall be | 59891 |
| determined as follows for each calendar quarter within a fiscal | 59892 |
| year: | 59893 |
| (1) Multiply the lesser of the following by the facility's | 59894 |
|
average case-mix score determined under section | 59895 |
| of the Revised Code for the calendar quarter that preceded the | 59896 |
| immediately preceding calendar quarter: | 59897 |
| (a) The facility's cost per case-mix unit for the calendar | 59898 |
| year preceding the fiscal year in which the rate will be paid, as | 59899 |
| determined under division (B)(1) of this section; | 59900 |
| (b) The maximum cost per case-mix unit established for the | 59901 |
| fiscal year in which the rate will be paid for the facility's peer | 59902 |
| group under division (B)(2) of this section; | 59903 |
| (2) Adjust the product determined under division (C)(1) of | 59904 |
| this section by the inflation rate estimated under division (B)(3) | 59905 |
| of this section. | 59906 |
| (D)(1) | 59907 |
| 59908 | |
| 59909 | |
| 59910 | |
| 59911 | |
| 59912 | |
| 59913 | |
| 59914 |
| | 59915 |
| median cost per case-mix unit determined under division (B)(1) of | 59916 |
| this section for the facility that has the median medicaid | 59917 |
| inpatient day for calendar year 1992 for all intermediate care | 59918 |
| facilities for the mentally retarded with more than eight beds | 59919 |
| that would result in payment of all desk-reviewed, actual, | 59920 |
| allowable direct care costs for eighty and one-half per cent of | 59921 |
| the medicaid inpatient days for such facilities for calendar year | 59922 |
| 1992. | 59923 |
| | 59924 |
| the median cost per case-mix unit determined under division (B)(1) | 59925 |
| of this section for the facility that has the median medicaid | 59926 |
| inpatient day for calendar year 1992 for all intermediate care | 59927 |
| facilities for the mentally retarded with eight or fewer beds that | 59928 |
| would result in payment of all desk-reviewed, actual, allowable | 59929 |
| direct care costs for eighty and one-half per cent of the medicaid | 59930 |
| inpatient days for such facilities for calendar year 1992. | 59931 |
| (E) The director of job and family services shall adopt rules | 59932 |
| 59933 | |
| Revised Code that specify peer groups of
| 59934 |
| intermediate care facilities for the mentally retarded with more | 59935 |
| than eight beds | 59936 |
| retarded with eight or fewer beds, based on findings of | 59937 |
| significant per diem direct care cost differences due to geography | 59938 |
| and facility bed-size. The rules also may specify peer groups | 59939 |
| based on findings of significant per diem direct care cost | 59940 |
| differences due to other factors which may
include | 59941 |
| 59942 |
| (F) The department, in accordance with division | 59943 |
|
section | 59944 |
| under
division | 59945 |
| or costs
per case-mix unit if a | 59946 |
| assessment
| 59947 |
| intermediate care facility for the mentally retarded's case-mix | 59948 |
| score in accordance with that section. | 59949 |
| Sec. 5111.231. (A) As used in this section, "applicable | 59950 |
| calendar year" means the following: | 59951 |
| (1) For the purpose of the department of job and family | 59952 |
| services' initial determination under division (D) of this section | 59953 |
| of each peer group's cost per case-mix unit, calendar year 2003; | 59954 |
| (2) For the purpose of the department's subsequent | 59955 |
| determinations under division (D) of this section of each peer | 59956 |
| group's cost per case-mix unit, the calendar year the department | 59957 |
| selects. | 59958 |
| (B) The department of job and family services shall pay a | 59959 |
| provider for each of the provider's eligible nursing facilities a | 59960 |
| per resident per day rate for direct care costs determined | 59961 |
| semi-annually by multiplying the cost per case-mix unit determined | 59962 |
| under division (D) of this section for the facility's peer group | 59963 |
| by the facility's semiannual case-mix score determined under | 59964 |
| section 5111.232 of the Revised Code. | 59965 |
| (C) For the purpose of determining nursing facilities' rate | 59966 |
| for direct care costs, the department shall establish three peer | 59967 |
| groups. | 59968 |
| Each nursing facility located in any of the following | 59969 |
| counties shall be placed in peer group one: Brown, Butler, | 59970 |
| Clermont, Clinton, Hamilton, and Warren. | 59971 |
| Each nursing facility located in any of the following | 59972 |
| counties shall be placed in peer group two: Ashtabula, Champaign, | 59973 |
| Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin, | 59974 |
| Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain, | 59975 |
| Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa, | 59976 |
| Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union, | 59977 |
| and Wood. | 59978 |
| Each nursing facility located in any of the following | 59979 |
| counties shall be placed in peer group three: Adams, Allen, | 59980 |
| Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 59981 |
| Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 59982 |
| Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 59983 |
| Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 59984 |
| Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 59985 |
| Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 59986 |
| Washington, Wayne, Williams, and Wyandot. | 59987 |
| (D)(1) At least once every ten years, the department shall | 59988 |
| determine a cost per case-mix unit for each peer group established | 59989 |
| under division (C) of this section. A cost per case-mix unit | 59990 |
| determined under this division for a peer group shall be used for | 59991 |
| subsequent years until the department redetermines it. To | 59992 |
| determine a peer group's cost per case-mix unit, the department | 59993 |
| shall do all of the following: | 59994 |
| (a) Determine the cost per case-mix unit for each nursing | 59995 |
| facility in the peer group for the applicable calendar year by | 59996 |
| dividing each facility's desk-reviewed, actual, allowable, per | 59997 |
| diem direct care costs for the applicable calendar year by the | 59998 |
| facility's annual average case-mix score determined under section | 59999 |
| 5111.232 of the Revised Code for the applicable calendar year. | 60000 |
| (b) Subject to division (D)(2) of this section, identify | 60001 |
| which nursing facility in the peer group is at the twenty-fifth | 60002 |
| percentile of the cost per case-mix units determined under | 60003 |
| division (D)(1)(a) of this section. | 60004 |
| (c) Calculate the amount that is seven per cent above the | 60005 |
| cost per case-mix unit determined under division (D)(1)(a) of this | 60006 |
| section for the nursing facility identified under division | 60007 |
| (D)(1)(b) of this section. | 60008 |
| (d) Multiply the amount calculated under division (D)(1)(c) | 60009 |
| of this section by the rate of inflation for the eighteen-month | 60010 |
| period beginning on the first day of July of the applicable | 60011 |
| calendar year and ending the last day of December of the calendar | 60012 |
| year immediately following the applicable calendar year using the | 60013 |
| employment cost index for total compensation, health services | 60014 |
| component, published by the United States bureau of labor | 60015 |
| statistics. | 60016 |
| (2) In making the identification under division (D)(1)(b) of | 60017 |
| this section, the department shall exclude both of the following: | 60018 |
| (a) Nursing facilities that participated in the medicaid | 60019 |
| program under the same provider for less than twelve months in the | 60020 |
| applicable calendar year; | 60021 |
| (b) Nursing facilities whose direct care costs are more than | 60022 |
| one standard deviation from the mean desk-reviewed, actual, | 60023 |
| allowable, per diem direct care cost for all nursing facilities in | 60024 |
| the nursing facility's peer group for the applicable calendar | 60025 |
| year. | 60026 |
| (3) The department shall not redetermine a peer group's cost | 60027 |
| per case-mix unit under this division based on additional | 60028 |
| information that it receives after the peer group's per case-mix | 60029 |
| unit is determined. The department shall redetermine a peer | 60030 |
| group's cost per case-mix unit only if it made an error in | 60031 |
| determining the peer group's cost per case-mix unit based on | 60032 |
| information available to the department at the time of the | 60033 |
| original determination. | 60034 |
| | 60035 |
| family services shall determine semiannual and annual average | 60036 |
| case-mix scores for nursing facilities by
using | 60037 |
| 60038 |
| (a) Data from a resident assessment instrument specified in | 60039 |
| rules adopted | 60040 |
| 5111.02 of the Revised Code pursuant to section 1919(e)(5) of the | 60041 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. | 60042 |
| 1396r(e)(5), as amended, | 60043 |
| (i) When determining semi-annual case-mix scores, each | 60044 |
| resident who is a medicaid recipient; | 60045 |
| (ii) When determining annual average case-mix scores, each | 60046 |
| resident regardless of payment source. | 60047 |
| (b) Except as provided in rules authorized by division | 60048 |
| (A)(2)(a) and (b) of this section, the case-mix values established | 60049 |
| by the United States department of health and
human
services | 60050 |
| 60051 |
| (c) Except as modified in rules | 60052 |
|
division
(A) | 60053 |
| 60054 | |
| States department of health and human services for prospective | 60055 |
| payment of skilled nursing facilities under the medicare program | 60056 |
|
established by Title
XVIII | 60057 |
| 60058 |
| (2) The director of job and family services may adopt rules | 60059 |
| 60060 | |
| Revised Code that do any of the following: | 60061 |
| (a) Adjust the case-mix values specified in division | 60062 |
| (A)(1)(b) of this section to reflect changes in relative wage | 60063 |
| differentials that are specific to this state; | 60064 |
| (b) Express all of | 60065 |
| that are different from the terms specified by the United States | 60066 |
| department of health and human services but that do not alter the | 60067 |
| relationship of the case-mix values to one another; | 60068 |
| (c) Modify the grouper methodology specified in division | 60069 |
| (A)(1)(c) of this section as follows: | 60070 |
| (i) Establish a different hierarchy for assigning residents | 60071 |
| to case-mix categories under the methodology; | 60072 |
| (ii) Prohibit the use of the index maximizer element of the | 60073 |
| methodology; | 60074 |
| (iii) Incorporate changes to the methodology the United | 60075 |
| States department of health and human services makes after June | 60076 |
| 30, 1999; | 60077 |
| (iv) Make other changes
the
| 60078 |
| 60079 | |
| 60080 |
| | 60081 |
| intermediate care facilities for the mentally retarded using data | 60082 |
| for each resident, regardless of payment source, from a resident | 60083 |
| assessment instrument and grouper methodology prescribed in rules | 60084 |
|
adopted | 60085 |
| the Revised Code and expressed in case-mix values established by | 60086 |
| the department in those rules. | 60087 |
| | 60088 |
| Each calendar quarter, each | 60089 |
| 60090 | |
| 60091 | |
| assessment instrument specified in
rules | 60092 |
| by division (A) or (B) of this section, for each resident of each | 60093 |
| of the provider's facilities, regardless of payment source, who | 60094 |
| was in the facility or on hospital or therapeutic leave from the | 60095 |
| facility on the last day of the quarter. Providers of a nursing | 60096 |
| facility shall submit the data to the department of health and, if | 60097 |
| required by rules, the department of job and family services. | 60098 |
| Providers of an intermediate care facility for the mentally | 60099 |
| retarded shall submit the data to the department of job and family | 60100 |
| services. The data shall be submitted not later than fifteen days | 60101 |
| after the end of the calendar quarter for which the data is | 60102 |
| compiled. | 60103 |
| Except as provided in division | 60104 |
| department, every six months and after the end of each calendar | 60105 |
| year | 60106 |
| 60107 | |
| 60108 | |
| facility | 60109 |
| using the facility's quarterly case-mix scores for that six-month | 60110 |
| period or calendar year. Also except as provided in division (D) | 60111 |
| of this section, the department, after the end of each calendar | 60112 |
| year, shall calculate an annual average case-mix score for each | 60113 |
| intermediate care facility for the mentally retarded using the | 60114 |
| facility's quarterly case-mix scores for that calendar year. The | 60115 |
| department shall make the calculations pursuant to procedures | 60116 |
| specified in rules adopted under section 5111.02 of the Revised | 60117 |
| Code. | 60118 |
| | 60119 |
| information
for
a calendar quarter necessary to calculate | 60120 |
| facility's case-mix score, or submits incomplete or inaccurate | 60121 |
| information for a calendar quarter, the department may assign the | 60122 |
| facility a quarterly average case-mix score that is five per cent | 60123 |
| less than the facility's quarterly average case-mix score for the | 60124 |
| preceding calendar quarter. If the facility was subject to an | 60125 |
| exception review under division (C) of section 5111.27 of the | 60126 |
| Revised Code for the preceding calendar quarter, the department | 60127 |
| may assign a quarterly average case-mix score that is five per | 60128 |
| cent less than the score determined by the exception review. If | 60129 |
| the facility was assigned a quarterly average case-mix score for | 60130 |
| the preceding quarter, the department may assign a quarterly | 60131 |
| average case-mix score that is five per cent less than that score | 60132 |
| assigned for the preceding quarter. | 60133 |
| The department may use a quarterly average case-mix score | 60134 |
|
assigned under division | 60135 |
| quarterly average case-mix score calculated based on the | 60136 |
| 60137 | |
| facility's rate for direct care costs being established under | 60138 |
| section 5111.23 or 5111.231 of the Revised Code for one or more | 60139 |
| months, as specified
in rules
| 60140 |
| 60141 | |
| established under section 5111.23 or 5111.231 of the Revised Code | 60142 |
| will be paid. | 60143 |
| Before taking action under division | 60144 |
| section,
the department shall permit the | 60145 |
| reasonable period of
time, specified in rules | 60146 |
| authorized by division | 60147 |
| information. In the case of an intermediate care facility for the | 60148 |
| mentally retarded, the department shall not assign a quarterly | 60149 |
| average case-mix score due to late submission of corrections to | 60150 |
| assessment information unless
the | 60151 |
| submit corrected information prior to the eighty-first day after | 60152 |
| the end of the calendar quarter to which the information pertains. | 60153 |
| In the case of a nursing facility, the department shall not assign | 60154 |
| a quarterly average case-mix score due to late submission of | 60155 |
|
corrections to assessment information unless
the | 60156 |
| fails to submit corrected information prior to the earlier of the | 60157 |
| eighty-first day after the end of the calendar quarter to which | 60158 |
| the information pertains or the deadline for submission of such | 60159 |
| corrections established by regulations adopted by the United | 60160 |
| States department of health and human services under Titles XVIII | 60161 |
| and XIX | 60162 |
| (2) If a | 60163 |
| calculated using a quarterly average case-mix score assigned under | 60164 |
| division | 60165 |
| calendar year, the department may assign the facility a cost per | 60166 |
| case-mix unit that is five per cent less than the facility's | 60167 |
| actual or assigned cost per case-mix unit for the preceding | 60168 |
| calendar year. The department may use the assigned cost per | 60169 |
| case-mix unit, instead of calculating the facility's actual cost | 60170 |
| per case-mix unit in accordance with section 5111.23 or 5111.231 | 60171 |
| of the Revised Code, to establish the facility's rate for direct | 60172 |
| care costs for the following fiscal year. | 60173 |
| (3) The department shall take action under division | 60174 |
|
or (2) of this section only in accordance with rules | 60175 |
| authorized by
division | 60176 |
| shall not take an action that affects rates for prior payment | 60177 |
| periods except in accordance with sections 5111.27 and 5111.28 of | 60178 |
| the Revised Code. | 60179 |
| | 60180 |
| 60181 | |
| all of the following: | 60182 |
| (1) Specify whether providers of a nursing facility must | 60183 |
| submit the assessment data to the department of job and family | 60184 |
| services; | 60185 |
| (2) Specify the medium or media through which the completed | 60186 |
|
assessment | 60187 |
| | 60188 |
| 60189 | |
| and | 60190 |
| 60191 |
| | 60192 |
| correct
assessment | 60193 |
| 60194 | |
| 60195 | |
| 60196 | |
| 60197 | |
| 60198 | |
| 60199 | |
| 60200 | |
| reasonable period of time by which providers shall submit the | 60201 |
| corrections. The procedures may limit the content of corrections | 60202 |
| by providers of nursing facilities in the manner required by | 60203 |
| regulations adopted by the United States department of health and | 60204 |
| human services under Titles XVIII and
XIX | 60205 |
| 60206 | |
| 60207 | |
| 60208 |
| | 60209 |
| 60210 | |
| 60211 | |
| 60212 |
| | 60213 |
| 60214 | |
| 60215 | |
| 60216 |
| | 60217 |
|
case-mix
scores or costs per case-mix unit under division | 60218 |
| of this section if information necessary to calculate the | 60219 |
| facility's
| 60220 |
| provided or corrected in accordance with the procedures | 60221 |
| established by the rules. Notwithstanding any other provision of | 60222 |
| sections 5111.20
to
| 60223 |
| also may provide for
| 60224 |
| (a) Exclusion of case-mix scores assigned under division | 60225 |
| 60226 | |
| intermediate care facility for the mentally retarded's annual | 60227 |
| average case-mix score and the maximum cost per case-mix unit for | 60228 |
| the facility's peer group; | 60229 |
| (b) Exclusion of case-mix scores assigned under division (D) | 60230 |
| of this section from calculation of a nursing facility's | 60231 |
| semiannual or annual average case-mix score and the cost per | 60232 |
| case-mix unit for the facility's peer group. | 60233 |
| Sec. 5111.235. The department of job and family services | 60234 |
| shall pay a provider for each of the provider's
eligible
| 60235 |
| 60236 | |
| mentally retarded a per resident per day rate for other protected | 60237 |
| costs established prospectively each fiscal year for each | 60238 |
| facility. The rate for each facility shall be the facility's | 60239 |
| desk-reviewed, actual, allowable, per diem other protected costs | 60240 |
| from the calendar year preceding the fiscal year in which the rate | 60241 |
| will be
paid, all adjusted | 60242 |
| 60243 | |
| inflation rate for the eighteen-month period beginning on the | 60244 |
| first day of July of the calendar year preceding the fiscal year | 60245 |
| in which the rate will be paid and ending on the thirty-first day | 60246 |
| of December of that fiscal year. The department shall estimate | 60247 |
| inflation using the consumer price index for all urban consumers | 60248 |
| for nonprescription drugs and medical supplies, as published by | 60249 |
| the United States bureau of labor statistics. If the estimated | 60250 |
| inflation rate for the eighteen-month period is different from the | 60251 |
| actual inflation rate for that period, the difference shall be | 60252 |
| added to or subtracted from the inflation rate estimated for the | 60253 |
| following year. | 60254 |
| Sec. 5111.24. (A) As used in this section, "applicable | 60255 |
| calendar year" means the following: | 60256 |
| (1) For the purpose of the department of job and family | 60257 |
| services' initial determination under division (D) of this section | 60258 |
| of each peer group's rate for ancillary and support costs, | 60259 |
| calendar year 2003; | 60260 |
| (2) For the purpose of the department's subsequent | 60261 |
| determinations under division (D) of this section of each peer | 60262 |
| group's rate for ancillary and support costs, the calendar year | 60263 |
| the department selects. | 60264 |
| (B) The department of job and family services shall pay a | 60265 |
| provider for each of the provider's eligible nursing facilities a | 60266 |
| per resident per day rate for ancillary and support costs | 60267 |
| determined for the nursing facility's peer group under division | 60268 |
| (D) of this section. | 60269 |
| (C) For the purpose of determining nursing facilities' rate | 60270 |
| for ancillary and support costs, the department shall establish | 60271 |
| six peer groups. | 60272 |
| Each nursing facility located in any of the following | 60273 |
| counties shall be placed in peer group one or two: Brown, Butler, | 60274 |
| Clermont, Clinton, Hamilton, and Warren. Each nursing facility | 60275 |
| located in any of those counties that has fewer than one hundred | 60276 |
| beds shall be placed in peer group one. Each nursing facility | 60277 |
| located in any of those counties that has one hundred or more beds | 60278 |
| shall be placed in peer group two. | 60279 |
| Each nursing facility located in any of the following | 60280 |
| counties shall be placed in peer group three or four: Ashtabula, | 60281 |
| Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, | 60282 |
| Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, | 60283 |
| Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, | 60284 |
| Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, | 60285 |
| Union, and Wood. Each nursing facility located in any of those | 60286 |
| counties that has fewer than one hundred beds shall be placed in | 60287 |
| peer group three. Each nursing facility located in any of those | 60288 |
| counties that has one hundred or more beds shall be placed in peer | 60289 |
| group four. | 60290 |
| Each nursing facility located in any of the following | 60291 |
| counties shall be placed in peer group five or six: Adams, Allen, | 60292 |
| Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 60293 |
| Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 60294 |
| Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 60295 |
| Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 60296 |
| Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 60297 |
| Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 60298 |
| Washington, Wayne, Williams, and Wyandot. Each nursing facility | 60299 |
| located in any of those counties that has fewer than one hundred | 60300 |
| beds shall be placed in peer group five. Each nursing facility | 60301 |
| located in any of those counties that has one hundred or more beds | 60302 |
| shall be placed in peer group six. | 60303 |
| (D)(1) At least once every ten years, the department shall | 60304 |
| determine the rate for ancillary and support costs for each peer | 60305 |
| group established under division (C) of this section. The rate for | 60306 |
| ancillary and support costs determined under this division for a | 60307 |
| peer group shall be used for subsequent years until the department | 60308 |
| redetermines it. To determine a peer group's rate for ancillary | 60309 |
| and support costs, the department shall do all of the following: | 60310 |
| (a) Determine the rate for ancillary and support costs for | 60311 |
| each nursing facility in the peer group for the applicable | 60312 |
| calendar year by using the greater of the nursing facility's | 60313 |
| actual inpatient days for the applicable calendar year or the | 60314 |
| inpatient days the nursing facility would have had for the | 60315 |
| applicable calendar year if its occupancy rate had been ninety per | 60316 |
| cent. For the purpose of determining a nursing facility's | 60317 |
| occupancy rate under division (D)(1)(a) of this section, the | 60318 |
| department shall include any beds that the nursing facility | 60319 |
| removes from its medicaid-certified capacity unless the nursing | 60320 |
| facility also removes the beds from its licensed bed capacity. | 60321 |
| (b) Subject to division (D)(2) of this section, identify | 60322 |
| which nursing facility in the peer group is at the twenty-fifth | 60323 |
| percentile of the rate for ancillary and support costs for the | 60324 |
| applicable calendar year determined under division (D)(1)(a) of | 60325 |
| this section. | 60326 |
| (c) Calculate the amount that is three per cent above the | 60327 |
| rate for ancillary and support costs determined under division | 60328 |
| (D)(1)(a) of this section for the nursing facility identified | 60329 |
| under division (D)(1)(b) of this section. | 60330 |
| (d) Multiply the amount calculated under division (D)(1)(c) | 60331 |
| of this section by the rate of inflation for the eighteen-month | 60332 |
| period beginning on the first day of July of the applicable | 60333 |
| calendar year and ending the last day of December of the calendar | 60334 |
| year immediately following the applicable calendar year using the | 60335 |
| consumer price index for all items for all urban consumers for the | 60336 |
| north central region, published by the United States bureau of | 60337 |
| labor statistics. | 60338 |
| (2) In making the identification under division (D)(1)(b) of | 60339 |
| this section, the department shall exclude both of the following: | 60340 |
| (a) Nursing facilities that participated in the medicaid | 60341 |
| program under the same provider for less than twelve months in the | 60342 |
| applicable calendar year; | 60343 |
| (b) Nursing facilities whose ancillary and support costs are | 60344 |
| more than one standard deviation from the mean desk-reviewed, | 60345 |
| actual, allowable, per diem ancillary and support cost for all | 60346 |
| nursing facilities in the nursing facility's peer group for the | 60347 |
| applicable calendar year. | 60348 |
| (3) The department shall not redetermine a peer group's rate | 60349 |
| for ancillary and support costs under this division based on | 60350 |
| additional information that it receives after the rate is | 60351 |
| determined. The department shall redetermine a peer group's rate | 60352 |
| for ancillary and support costs only if it made an error in | 60353 |
| determining the rate based on information available to the | 60354 |
| department at the time of the original determination. | 60355 |
| Sec. 5111.241. (A) The department of job and family services | 60356 |
| shall pay a provider for each of the provider's eligible | 60357 |
| intermediate care | 60358 |
| per resident per day rate for indirect care costs established | 60359 |
| prospectively each fiscal year for each facility. The rate for | 60360 |
| each intermediate care facility for the mentally retarded shall be | 60361 |
| the sum of the following, but shall not exceed the maximum rate | 60362 |
| established for the facility's peer group under division (B) of | 60363 |
| this section: | 60364 |
| (1) The facility's desk-reviewed, actual, allowable, per diem | 60365 |
| indirect care costs from the calendar year preceding the fiscal | 60366 |
| year in which the rate will be paid, adjusted for the inflation | 60367 |
| rate estimated under division (C)(1) of this section; | 60368 |
| (2) An efficiency incentive in the following amount: | 60369 |
| (a) For fiscal years ending in even-numbered calendar years: | 60370 |
| (i) In the case of intermediate care facilities for the | 60371 |
| mentally retarded with more than eight beds, seven and one-tenth | 60372 |
| per cent of the maximum rate established for the facility's peer | 60373 |
| group under division (B) of this section; | 60374 |
| (ii) In the case of intermediate care facilities for the | 60375 |
| mentally retarded with eight or fewer beds, seven per cent of the | 60376 |
| maximum rate established for the facility's peer group under | 60377 |
| division (B) of this section; | 60378 |
| (b) For fiscal years ending in odd-numbered calendar years, | 60379 |
| the amount calculated for the preceding fiscal year under division | 60380 |
| (A)(2)(a) of this section. | 60381 |
| (B)(1) The maximum rate for indirect care costs for each peer | 60382 |
| group of intermediate care facilities for the mentally retarded | 60383 |
| with more than eight beds specified in rules adopted under | 60384 |
| division (D) of this section shall be determined as follows: | 60385 |
| (a) For fiscal years ending in even-numbered calendar years, | 60386 |
| the maximum rate for each peer group shall be the rate that is no | 60387 |
| less than twelve and four-tenths per cent above the median | 60388 |
| desk-reviewed, actual, allowable, per diem indirect care cost for | 60389 |
| all intermediate care facilities for the mentally retarded with | 60390 |
| more than eight beds in the group, excluding facilities in the | 60391 |
| group whose indirect care costs for that period are more than | 60392 |
| three standard deviations from the mean desk-reviewed, actual, | 60393 |
| allowable, per diem indirect care cost for all intermediate care | 60394 |
| facilities for the mentally retarded with more than eight beds, | 60395 |
| for the calendar year preceding the fiscal year in which the rate | 60396 |
| will be paid, adjusted by the inflation rate estimated under | 60397 |
| division (C)(1) of this section. | 60398 |
| (b) For fiscal years ending in odd-numbered calendar years, | 60399 |
| the maximum rate for each peer group is the group's maximum rate | 60400 |
| for the previous fiscal year, adjusted for the inflation rate | 60401 |
| estimated under division (C)(2) of this section. | 60402 |
| (2) The maximum rate for indirect care costs for each peer | 60403 |
| group of intermediate care facilities for the mentally retarded | 60404 |
| with eight or fewer beds specified in rules adopted under division | 60405 |
| (D) of this section shall be determined as follows: | 60406 |
| (a) For fiscal years ending in even-numbered calendar years, | 60407 |
| the maximum rate for each peer group shall be the rate that is no | 60408 |
| less than ten and three-tenths per cent above the median | 60409 |
| desk-reviewed, actual, allowable, per diem indirect care cost for | 60410 |
| all intermediate care facilities for the mentally retarded with | 60411 |
| eight or fewer beds in the group, excluding facilities in the | 60412 |
| group whose indirect care costs are more than three standard | 60413 |
| deviations from the mean desk-reviewed, actual, allowable, per | 60414 |
| diem indirect care cost for all intermediate care facilities for | 60415 |
| the mentally retarded with eight or fewer beds, for the calendar | 60416 |
| year preceding the fiscal year in which the rate will be paid, | 60417 |
| adjusted by the inflation rate estimated under division (C)(1) of | 60418 |
| this section. | 60419 |
| (b) For fiscal years that end in odd-numbered calendar years, | 60420 |
| the maximum rate for each peer group is the group's maximum rate | 60421 |
| for the previous fiscal year, adjusted for the inflation rate | 60422 |
| estimated under division (C)(2) of this section. | 60423 |
| (3) The department shall not recalculate a maximum rate for | 60424 |
| indirect care costs under division (B)(1) or (2) of this section | 60425 |
| based on additional information that it receives after the maximum | 60426 |
| rate is set. The department shall recalculate the maximum rate for | 60427 |
| indirect care costs only if it made an error in computing the | 60428 |
| maximum rate based on the information available at the time of the | 60429 |
| original calculation. | 60430 |
| (C)(1) When adjusting rates for inflation under divisions | 60431 |
| (A)(1), (B)(1)(a), and (B)(2)(a) of this section, the department | 60432 |
| shall estimate the rate of inflation for the eighteen-month period | 60433 |
| beginning on the first day of July of the calendar year preceding | 60434 |
| the fiscal year in which the rate will be paid and ending on the | 60435 |
| thirty-first day of December of the fiscal year in which the rate | 60436 |
| will be paid, using the consumer price index for all items for all | 60437 |
| urban consumers for the north central region, published by the | 60438 |
| United States bureau of labor statistics. | 60439 |
| (2) When adjusting rates for inflation under divisions | 60440 |
| (B)(1)(b) and (B)(2)(b) of this section, the department shall | 60441 |
| estimate the rate of inflation for the twelve-month period | 60442 |
| beginning on the first day of January of the fiscal year preceding | 60443 |
| the fiscal year in which the rate will be paid and ending on the | 60444 |
| thirty-first day of December of the fiscal year in which the rate | 60445 |
| will be paid, using the consumer price index for all items for all | 60446 |
| urban consumers for the north central region, published by the | 60447 |
| United States bureau of labor statistics. | 60448 |
| (3) If an inflation rate estimated under division (C)(1) or | 60449 |
| (2) of this section is different from the actual inflation rate | 60450 |
| for the relevant time period, as measured using the same index, | 60451 |
| the difference shall be added to or subtracted from the inflation | 60452 |
| rate estimated pursuant to this division for the following fiscal | 60453 |
| year. | 60454 |
| (D) The director of job and family services shall adopt rules | 60455 |
| 60456 | |
| Revised Code that specify peer groups of intermediate care | 60457 |
| facilities for the mentally retarded with more than eight beds, | 60458 |
| and peer groups of intermediate care facilities for the mentally | 60459 |
| retarded with eight or fewer beds, based on findings of | 60460 |
| significant per diem indirect care cost differences due to | 60461 |
| geography and facility bed-size. The rules also may specify peer | 60462 |
| groups based on findings of significant per diem indirect care | 60463 |
| cost differences due to other factors, including case-mix. | 60464 |
| Sec. 5111.242. (A) As used in this section: | 60465 |
| (1) "Applicable calendar year" means the following: | 60466 |
| (a) For the purpose of the department of job and family | 60467 |
| services' initial determination under this section of nursing | 60468 |
| facilities' rate for tax costs, calendar year 2003; | 60469 |
| (b) For the purpose of the department's subsequent | 60470 |
| determinations under division (D) of this section of nursing | 60471 |
| facilities' rate for tax costs, the calendar year the department | 60472 |
| selects. | 60473 |
| (2) "Tax costs" means the costs of taxes imposed under | 60474 |
| Chapter 5751. of the Revised Code, real estate taxes, personal | 60475 |
| property taxes, and corporate franchise taxes. | 60476 |
| (B) The department of job and family services shall pay a | 60477 |
| provider for each of the provider's eligible nursing facilities a | 60478 |
| per resident per day rate for tax costs determined under division | 60479 |
| (C) of this section. | 60480 |
| (C) At least once every ten years, the department shall | 60481 |
| determine the rate for tax costs for each nursing facility. The | 60482 |
| rate for tax costs determined under this division for a nursing | 60483 |
| facility shall be used for subsequent years until the department | 60484 |
| redetermines it. To determine a nursing facility's rate for tax | 60485 |
| costs, the department shall divide the nursing facility's | 60486 |
| desk-reviewed, actual, allowable tax costs paid for the applicable | 60487 |
| calendar year by the number of inpatient days the nursing facility | 60488 |
| would have had if its occupancy rate had been one hundred per cent | 60489 |
| during the applicable calendar year. | 60490 |
| Sec. 5111.243. The department of job and family services | 60491 |
| shall pay a provider for each of the provider's eligible nursing | 60492 |
| facilities a per resident per day rate for the franchise permit | 60493 |
| fees paid for the nursing facility. The rate shall be equal to the | 60494 |
| franchise permit fee for the fiscal year for which the rate is | 60495 |
| paid. | 60496 |
| Sec. 5111.244. (A) As used in this section, "deficiency" and | 60497 |
| "standard survey" have the same meanings as in section 5111.35 of | 60498 |
| the Revised Code. | 60499 |
| (B) Each year, the department of job and family services | 60500 |
| shall pay each nursing facility placed in the first, second, and | 60501 |
| third quality tier groups established under division (C) of this | 60502 |
| section a quality incentive payment. Nursing facilities placed in | 60503 |
| the first group shall receive the highest payment. Nursing | 60504 |
| facilities placed in the second group shall receive the second | 60505 |
| highest payment. Nursing facilities placed in the third group | 60506 |
| shall receive the third highest payment. Nursing facilities placed | 60507 |
| in the fourth group shall receive no payment. The mean payment, | 60508 |
| weighted by medicaid days, shall be two per cent of the average | 60509 |
| rate for all nursing facilities calculated under sections 5111.20 | 60510 |
| to 5111.33 of the Revised Code, excluding this section. Nursing | 60511 |
| facilities placed in the fourth group shall be included for the | 60512 |
| purpose of determining the mean payment. | 60513 |
| (C) Each year, the department shall establish four quality | 60514 |
| tier groups. Each group shall consist of one quarter of all | 60515 |
| nursing facilities participating in the medicaid program. The | 60516 |
| first group shall consist of the quarter of nursing facilities | 60517 |
| individually awarded the most number of points under division (D) | 60518 |
| of this section. The second group shall consist of the quarter of | 60519 |
| nursing facilities individually awarded the second most number of | 60520 |
| points under division (D) of this section. The third group shall | 60521 |
| consist of the quarter of nursing facilities individually awarded | 60522 |
| the third most number of points under division (D) of this | 60523 |
| section. The fourth group shall consist of the quarter of nursing | 60524 |
| facilities individually awarded the least number of points under | 60525 |
| division (D) of this section. | 60526 |
| (D) Each year, the department shall award each nursing | 60527 |
| facility participating in the medicaid program one point for each | 60528 |
| of the following accountability measures the facility meets: | 60529 |
| (1) The facility had no health deficiencies on the facility's | 60530 |
| most recent standard survey. | 60531 |
| (2) The facility had no health deficiencies with a scope and | 60532 |
| severity level greater than E, as determined under nursing | 60533 |
| facility certification standards established under Title XIX, on | 60534 |
| the facility's most recent standard survey. | 60535 |
| (3) The facility's resident satisfaction is above the | 60536 |
| statewide average. | 60537 |
| (4) The facility's family satisfaction is above the statewide | 60538 |
| average. | 60539 |
| (5) The number of hours the facility employs nurses is above | 60540 |
| the statewide average. | 60541 |
| (6) The facility's employee retention rate is above the | 60542 |
| average for the facility's peer group established in division (C) | 60543 |
| of section 5111.231 of the Revised Code. | 60544 |
| (7) The facility's occupancy rate is above the statewide | 60545 |
| average. | 60546 |
| (8) The facility's medicaid utilization rate is above the | 60547 |
| statewide average. | 60548 |
| (9) The facility's case-mix score is above the statewide | 60549 |
| average. | 60550 |
| (E) The director of job and family services shall adopt rules | 60551 |
| under section 5111.02 of the Revised Code as necessary to | 60552 |
| implement this section. The rules shall include rules establishing | 60553 |
| the system for awarding points under division (D) of this section. | 60554 |
| Sec. 5111.25. (A) As used in this section, "applicable | 60555 |
| calendar year" means the following: | 60556 |
| (1) For the purpose of the department of job and family | 60557 |
| services' initial determination under division (D) of this section | 60558 |
| of each peer group's median rate for capital costs, calendar year | 60559 |
| 2003; | 60560 |
| (2) For the purpose of the department's subsequent | 60561 |
| determinations under division (D) of this section of each peer | 60562 |
| group's median rate for capital costs, the calendar year the | 60563 |
| department selects. | 60564 |
| (B) The department of job and family services shall pay a | 60565 |
| provider for each of the provider's eligible nursing | 60566 |
| facilities a per resident
per day
rate
for | 60567 |
| costs | 60568 |
| 60569 | |
| 60570 | |
| capital costs shall
be | 60571 |
| capital
costs for
the | 60572 |
| 60573 | |
| facility's peer group as determined under division (D) of this | 60574 |
| section. | 60575 |
| 60576 |
| | 60577 |
| | 60578 |
| 60579 | |
| 60580 | |
| 60581 | |
| 60582 |
| | 60583 |
| 60584 |
| | 60585 |
| 60586 |
| | 60587 |
| 60588 | |
| 60589 | |
| 60590 | |
| 60591 | |
| 60592 |
| | 60593 |
| 60594 | |
| 60595 | |
| 60596 | |
| 60597 | |
| 60598 | |
| 60599 | |
| 60600 |
| | 60601 |
| 60602 |
| | 60603 |
| 60604 | |
| nursing facilities' rate for capital costs, the department shall | 60605 |
| establish six peer groups. | 60606 |
| Each nursing facility located in any of the following | 60607 |
| counties shall be placed in peer group one or two: Brown, Butler, | 60608 |
| Clermont, Clinton, Hamilton, and Warren. Each nursing facility | 60609 |
| located in any of those counties that has fewer than one hundred | 60610 |
| beds shall be placed in peer group one. Each nursing facility | 60611 |
| located in any of those counties that has one hundred or more beds | 60612 |
| shall be placed in peer group two. | 60613 |
| Each nursing facility located in any of the following | 60614 |
| counties shall be placed in peer group three or four: Ashtabula, | 60615 |
| Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, | 60616 |
| Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, | 60617 |
| Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, | 60618 |
| Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, | 60619 |
| Union, and Wood. Each nursing facility located in any of those | 60620 |
| counties that has fewer than one hundred beds shall be placed in | 60621 |
| peer group three. Each nursing facility located in any of those | 60622 |
| counties that has one hundred or more beds shall be placed in peer | 60623 |
| group four. | 60624 |
| Each nursing facility located in any of the following | 60625 |
| counties shall be placed in peer group five or six: Adams, Allen, | 60626 |
| Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 60627 |
| Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 60628 |
| Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 60629 |
| Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 60630 |
| Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 60631 |
| Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 60632 |
| Washington, Wayne, Williams, and Wyandot. Each nursing facility | 60633 |
| located in any of those counties that has fewer than one hundred | 60634 |
| beds shall be placed in peer group five. Each nursing facility | 60635 |
| located in any of those counties that has one hundred or more beds | 60636 |
| shall be placed in peer group six. | 60637 |
| (D)(1) At least once every ten years, the department shall | 60638 |
| determine the median rate for capital costs for each peer group | 60639 |
| established under division (C) of this section. The median rate | 60640 |
| for capital costs determined under this division for a peer group | 60641 |
| shall be used for subsequent years until the department | 60642 |
| redetermines it. To determine a peer group's median rate for | 60643 |
| capital costs, the department shall do both of the following: | 60644 |
| (a) Subject to division (D)(2) of this section, use the | 60645 |
| greater of each nursing facility's actual inpatient days for the | 60646 |
| applicable calendar year or the inpatient days the nursing | 60647 |
| facility would have had for the applicable calendar year if its | 60648 |
| occupancy rate had been one hundred per cent. | 60649 |
| (b) Exclude both of the following: | 60650 |
| (i) Nursing facilities that participated in the medicaid | 60651 |
| program under the same provider for less than twelve months in the | 60652 |
| applicable calendar year; | 60653 |
| (ii) Nursing facilities whose capital costs are more than one | 60654 |
| standard deviation from the mean desk-reviewed, actual, allowable, | 60655 |
| per diem capital cost for all nursing facilities in the nursing | 60656 |
| facility's peer group for the applicable calendar year. | 60657 |
| (2) For the purpose of determining a nursing facility's | 60658 |
| occupancy rate under division (D)(1)(a) of this section, the | 60659 |
| department shall include any beds that the nursing facility | 60660 |
| removes from its medicaid-certified capacity after June 30, 2005, | 60661 |
| unless the nursing facility also removes the beds from its | 60662 |
| licensed bed capacity. | 60663 |
| (E) Buildings shall be depreciated using the straight line | 60664 |
| method over forty years or over a different period approved by the | 60665 |
| department. Components and equipment shall be depreciated using | 60666 |
| the straight-line method over a period designated in rules adopted | 60667 |
| 60668 | |
| 60669 | |
| with the guidelines of the American hospital association, or over | 60670 |
| a different period
approved by the
department. Any rules | 60671 |
| 60672 | |
| buildings, components, or equipment apply only to assets acquired | 60673 |
| on or after July 1, 1993. Depreciation for costs paid or | 60674 |
| reimbursed by any government agency
shall not be included
in | 60675 |
| 60676 | |
|
payment under sections 5111.20 to | 60677 |
| Code is used to reimburse the government agency. | 60678 |
| | 60679 |
| shall be determined in the following manner: | 60680 |
| (1) | 60681 |
| 60682 | |
| 60683 | |
| 60684 |
| | 60685 |
| 60686 | |
| 60687 | |
| 60688 | |
| 60689 | |
| 60690 | |
| 60691 | |
| 60692 | |
| 60693 |
| | 60694 |
| 60695 | |
| 60696 | |
| 60697 | |
| 60698 |
| | 60699 |
| 60700 | |
| 60701 | |
| 60702 |
| | 60703 |
| 60704 | |
| 60705 | |
| 60706 | |
| 60707 | |
| 60708 | |
| 60709 | |
| 60710 | |
| 60711 | |
| 60712 | |
| 60713 | |
| 60714 |
| | 60715 |
| section, for purposes of calculating the rates to be paid for | 60716 |
| 60717 | |
| dates of licensure on or before June 30, 1993, the capital cost | 60718 |
| basis of each asset shall be equal to the desk-reviewed, actual, | 60719 |
| allowable, capital cost basis that is listed on the facility's | 60720 |
| cost report for the calendar year preceding the fiscal year during | 60721 |
| which the rate will be paid. | 60722 |
| | 60723 |
| 1993, the capital cost basis shall be determined in accordance | 60724 |
| with the principles of the medicare program established under | 60725 |
|
Title XVIII | 60726 |
| 60727 | |
|
5111.20 to | 60728 |
| | 60729 |
| section, if a provider transfers an interest in a facility to | 60730 |
| another provider after June 30, 1993, there shall be no increase | 60731 |
| in the capital cost basis of the asset if the providers are | 60732 |
| related parties or the provider to which the interest is | 60733 |
| transferred authorizes the provider that transferred the interest | 60734 |
| to continue to operate the facility under a lease, management | 60735 |
| agreement, or other arrangement. If
the | 60736 |
| 60737 | |
| 60738 | |
| adjustment of the capital cost basis under this division, the | 60739 |
| basis of the asset shall be adjusted by the lesser of the | 60740 |
| following: | 60741 |
| (a) One-half of the change in construction costs during the | 60742 |
| time that the transferor held the asset, as calculated by the | 60743 |
| department of job and family services using the "Dodge building | 60744 |
| cost indexes, northeastern and north central states," published by | 60745 |
| Marshall and Swift; | 60746 |
| (b) One-half of the change in the consumer price index for | 60747 |
| all items for all urban consumers, as published by the United | 60748 |
| States bureau of labor statistics, during the time that the | 60749 |
| transferor held the asset. | 60750 |
| | 60751 |
| another provider who is a related party, the capital cost basis of | 60752 |
|
the asset
shall be adjusted as specified in division
| 60753 |
| of
this section | 60754 |
| 60755 |
| (a) The related party is a relative of owner; | 60756 |
| (b) Except as provided in division
| 60757 |
| this section, the provider making the transfer retains no | 60758 |
| ownership interest in the facility; | 60759 |
| (c) The department of job and family services determines that | 60760 |
| the transfer is an arm's length
transaction
pursuant to
rules
| 60761 |
| 60762 | |
| under section 5111.02
of the
Revised Code | 60763 |
| 60764 | |
| length transaction if all of the following apply: | 60765 |
| (i) Once the transfer goes into effect, the provider that | 60766 |
| made the transfer has no direct or indirect interest in the | 60767 |
| provider that acquires the facility or the facility itself, | 60768 |
| including interest as an owner, officer, director, employee, | 60769 |
| independent contractor, or consultant, but excluding interest as a | 60770 |
| creditor. | 60771 |
| (ii) The provider that made the transfer does not reacquire | 60772 |
| an interest in the facility except through the exercise of a | 60773 |
| creditor's rights in the event of a default. If the provider | 60774 |
| reacquires an interest in the facility in this manner, the | 60775 |
| department shall treat the facility as if the transfer never | 60776 |
| occurred when the department calculates its reimbursement rates | 60777 |
| for capital costs. | 60778 |
| (iii) The transfer satisfies any other criteria specified in | 60779 |
| the rules. | 60780 |
| (d) Except in the case of hardship caused by a catastrophic | 60781 |
| event, as determined by the department, or in the case of a | 60782 |
| provider making the transfer who is at least sixty-five years of | 60783 |
| age, not less than twenty years have elapsed since, for the same | 60784 |
| facility, the capital cost basis was adjusted most recently under | 60785 |
|
division
| 60786 |
|
ownership was determined most recently under
division | 60787 |
| this section. | 60788 |
| | 60789 |
| "Imputed interest" means the lesser of the prime rate plus | 60790 |
| two per cent or ten per cent. | 60791 |
| "Lease expense" means lease payments in the case of an | 60792 |
| operating lease and depreciation expense and interest expense in | 60793 |
| the case of a capital lease. | 60794 |
| "New lease" means a lease, to a different lessee, of a | 60795 |
| nursing facility that previously was operated under a lease. | 60796 |
| (1) Subject to | 60797 |
| of this section, for a lease of a facility that was effective on | 60798 |
| May 27, 1992, the entire lease expense is an actual, allowable | 60799 |
| capital
cost | 60800 |
| The entire lease expense also is an actual, allowable capital cost | 60801 |
| 60802 | |
| under either of the following circumstances: | 60803 |
| (a) The renewal is pursuant to a renewal option that was in | 60804 |
| existence on May 27, 1992; | 60805 |
| (b) The renewal is for the same lease payment amount and | 60806 |
| between the same parties as the lease in existence on May 27, | 60807 |
| 1992. | 60808 |
| (2) Subject to | 60809 |
| of this section, for a lease of a facility that was in existence | 60810 |
| but not operated under a lease on May 27, 1992, actual, allowable | 60811 |
| 60812 | |
| annual lease expense or the annual depreciation expense and | 60813 |
| imputed interest expense that would be calculated at the inception | 60814 |
| of the lease using the lessor's entire historical capital asset | 60815 |
| cost basis, adjusted by the lesser of the following amounts: | 60816 |
| (a) One-half of the change in construction costs during the | 60817 |
| time the lessor held each asset until the beginning of the lease, | 60818 |
| as calculated by the department using the "Dodge building cost | 60819 |
| indexes, northeastern and north central states," published by | 60820 |
| Marshall and Swift; | 60821 |
| (b) One-half of the change in the consumer price index for | 60822 |
| all items for all urban consumers, as published by the United | 60823 |
| States bureau of labor statistics, during the time the lessor held | 60824 |
| each asset until the beginning of the lease. | 60825 |
| (3) Subject to | 60826 |
| of this section, for a lease of a facility with a date of | 60827 |
| licensure on or after May 27, 1992, that is initially operated | 60828 |
|
under a lease, actual, allowable | 60829 |
| shall include the annual lease expense if there was a substantial | 60830 |
| commitment of money for construction of the facility after | 60831 |
| December 22, 1992, and before July 1, 1993. If there was not a | 60832 |
| substantial commitment of money after December 22, 1992, and | 60833 |
| before July 1,
1993, actual, allowable | 60834 |
| costs shall include the lesser of the annual lease expense or the | 60835 |
| sum of the following: | 60836 |
| (a) The annual depreciation expense that would be calculated | 60837 |
| at the inception of the lease using the lessor's entire historical | 60838 |
| capital asset cost basis; | 60839 |
| (b) The greater of the lessor's actual annual amortization of | 60840 |
| financing costs and interest expense at the inception of the lease | 60841 |
| or the imputed interest expense calculated at the inception of the | 60842 |
| lease using seventy per cent of the lessor's historical capital | 60843 |
| asset cost basis. | 60844 |
| (4) Subject to | 60845 |
| of this section, for a lease of a facility with a date of | 60846 |
| licensure on or after May 27, 1992, that was not initially | 60847 |
| operated under a lease and has been in existence for ten years, | 60848 |
|
actual, allowable | 60849 |
| the lesser of the annual lease expense or the annual depreciation | 60850 |
| expense and imputed interest expense that would be calculated at | 60851 |
| the inception of the lease using the entire historical capital | 60852 |
| asset cost basis of the lessor, adjusted by the lesser of the | 60853 |
| following: | 60854 |
| (a) One-half of the change in construction costs during the | 60855 |
| time the lessor held each asset until the beginning of the lease, | 60856 |
| as calculated by the department using the "Dodge building cost | 60857 |
| indexes, northeastern and north central states," published by | 60858 |
| Marshall and Swift; | 60859 |
| (b) One-half of the change in the consumer price index for | 60860 |
| all items for all urban consumers, as published by the United | 60861 |
| States bureau of labor statistics, during the time the lessor held | 60862 |
| each asset until the beginning of the lease. | 60863 |
| (5) Subject to | 60864 |
| of this section, for a new lease of a facility that was operated | 60865 |
|
under a lease on May 27, 1992, actual, allowable | 60866 |
| capital costs shall include the lesser of the annual new lease | 60867 |
| expense or the annual old lease payment. If the old lease was in | 60868 |
| effect for ten years or longer, the old lease payment from the | 60869 |
| beginning of the old lease shall be adjusted by the lesser of the | 60870 |
| following: | 60871 |
| (a) One-half of the change in construction costs from the | 60872 |
| beginning of the old lease to the beginning of the new lease, as | 60873 |
| calculated by the department using the "Dodge building cost | 60874 |
| indexes, northeastern and north central states," published by | 60875 |
| Marshall and Swift; | 60876 |
| (b) One-half of the change in the consumer price index for | 60877 |
| all items for all urban consumers, as published by the United | 60878 |
| States bureau of labor statistics, from the beginning of the old | 60879 |
| lease to the beginning of the new lease. | 60880 |
| (6) Subject to | 60881 |
| of this section, for a new lease of a facility that was not in | 60882 |
| existence or that was in existence but not operated under a lease | 60883 |
|
on May 27, 1992, actual, allowable | 60884 |
| shall include the lesser of annual new lease expense or the annual | 60885 |
|
amount
calculated for the old lease under division | 60886 |
| (4), or (6) of this section, as applicable. If the old lease was | 60887 |
| in effect for ten years or longer, the lessor's historical capital | 60888 |
| asset cost basis shall be adjusted by the lesser of the following | 60889 |
| for purposes of calculating the annual amount under division | 60890 |
| 60891 |
| (a) One-half of the change in construction costs from the | 60892 |
| beginning of the old lease to the beginning of the new lease, as | 60893 |
| calculated by the department using the "Dodge building cost | 60894 |
| indexes, northeastern and north central states," published by | 60895 |
| Marshall and Swift; | 60896 |
| (b) One-half of the change in the consumer price index for | 60897 |
| all items for all urban consumers, as published by the United | 60898 |
| States bureau of labor statistics, from the beginning of the old | 60899 |
| lease to the beginning of the new lease. | 60900 |
| In the case of a lease under division | 60901 |
| section of a facility for which a substantial commitment of money | 60902 |
| was made after December 22, 1992, and before July 1, 1993, the old | 60903 |
| lease payment shall be adjusted for the purpose of determining the | 60904 |
| annual amount. | 60905 |
| (7) For any revision of a lease described in division | 60906 |
| 60907 | |
| subsequent lease of a facility operated under such a lease, other | 60908 |
| than execution of a new lease, the portion of actual, allowable | 60909 |
| 60910 | |
| the same as before the revision or subsequent lease. | 60911 |
| (8) Except as provided in division
| 60912 |
| if a provider leases an interest in a facility to another provider | 60913 |
| who is a related party or previously operated the facility, the | 60914 |
| related party's or previous operator's actual, allowable | 60915 |
| 60916 | |
| lease expense or the reasonable cost to the lessor. | 60917 |
| (9) If a provider leases an interest in a facility to another | 60918 |
| provider who is a related party, regardless of the date of the | 60919 |
| lease, the related
party's actual, allowable | 60920 |
| capital costs shall include the annual lease expense, subject to | 60921 |
| the limitations
specified in divisions
| 60922 |
| section, if all of the following conditions are met: | 60923 |
| (a) The related party is a relative of owner; | 60924 |
| (b) If the lessor retains an ownership interest, it is, | 60925 |
|
except as provided in division
| 60926 |
| in only the real property and any improvements on the real | 60927 |
| property; | 60928 |
| (c) The department of job and family services determines that | 60929 |
| the lease is an arm's length transaction
pursuant to
rules
| 60930 |
| 60931 | |
| under section 5111.02
of the
Revised Code | 60932 |
| 60933 | |
| transaction if all of the following apply: | 60934 |
| (i) Once the lease goes into effect, the lessor has no direct | 60935 |
| or indirect interest in the lessee or, except as provided in | 60936 |
| division
| 60937 |
| including interest as an owner, officer, director, employee, | 60938 |
| independent contractor, or consultant, but excluding interest as a | 60939 |
| lessor. | 60940 |
| (ii) The lessor does not reacquire an interest in the | 60941 |
| facility except through the exercise of a lessor's rights in the | 60942 |
| event of a default. If the lessor reacquires an interest in the | 60943 |
| facility in this manner, the department shall treat the facility | 60944 |
| as if the lease never occurred when the department calculates its | 60945 |
| reimbursement rates for capital costs. | 60946 |
| (iii) The lease satisfies any other criteria specified in the | 60947 |
| rules. | 60948 |
| (d) Except in the case of hardship caused by a catastrophic | 60949 |
| event, as determined by the department, or in the case of a lessor | 60950 |
| who is at least sixty-five years of age, not less than twenty | 60951 |
| years have elapsed since, for the same facility, the capital cost | 60952 |
|
basis was adjusted most recently under division
| 60953 |
| this
section or
actual, allowable | 60954 |
| costs were determined most
recently under
division | 60955 |
| this section. | 60956 |
| (10) This division does not apply to leases of specific items | 60957 |
| of equipment. | 60958 |
| | 60959 |
| 60960 | |
| 60961 | |
| 60962 |
| | 60963 |
| 60964 | |
| 60965 |
| | 60966 |
| 60967 |
| | 60968 |
| 60969 |
| | 60970 |
| 60971 |
| | 60972 |
| 60973 | |
| 60974 | |
| 60975 | |
| 60976 | |
| 60977 | |
| 60978 | |
| 60979 | |
| 60980 |
| | 60981 |
| 60982 | |
| 60983 | |
| 60984 | |
| 60985 |
| | 60986 |
| 60987 |
| | 60988 |
| 60989 |
| | 60990 |
| 60991 |
| | 60992 |
| 60993 | |
| 60994 |
| | 60995 |
| 60996 | |
| 60997 |
| | 60998 |
| 60999 |
| | 61000 |
| 61001 | |
| 61002 |
| | 61003 |
| 61004 | |
| 61005 | |
| 61006 |
| | 61007 |
| 61008 | |
| 61009 |
| | 61010 |
| 61011 |
| | 61012 |
| 61013 | |
| 61014 |
| | 61015 |
| 61016 | |
| 61017 | |
| 61018 |
| | 61019 |
| 61020 | |
| 61021 | |
| 61022 |
| | 61023 |
| 61024 | |
| 61025 |
| | 61026 |
| 61027 |
| | 61028 |
| 61029 | |
| 61030 |
| | 61031 |
| 61032 | |
| 61033 | |
| 61034 |
| | 61035 |
| 61036 | |
| 61037 | |
| 61038 |
| | 61039 |
| 61040 | |
| 61041 |
| | 61042 |
| 61043 | |
| 61044 |
| | 61045 |
| 61046 |
| | 61047 |
| 61048 | |
| 61049 | |
| 61050 |
| | 61051 |
| 61052 | |
| 61053 | |
| 61054 | |
| 61055 |
| | 61056 |
| 61057 | |
| 61058 | |
| 61059 |
| | 61060 |
| 61061 | |
| 61062 |
| | 61063 |
| 61064 | |
| 61065 | |
| 61066 | |
| 61067 | |
| 61068 | |
| 61069 |
| | 61070 |
| 61071 | |
| 61072 | |
| 61073 | |
| 61074 | |
| 61075 | |
| 61076 | |
| 61077 | |
| 61078 | |
| 61079 | |
| 61080 | |
| 61081 | |
| 61082 |
| | 61083 |
| 61084 | |
| 61085 | |
| 61086 | |
| 61087 | |
| 61088 | |
| 61089 | |
| 61090 |
| | 61091 |
| 61092 | |
| 61093 | |
| 61094 | |
| 61095 | |
| 61096 | |
| 61097 | |
| 61098 | |
| 61099 | |
| 61100 |
| | 61101 |
| 61102 | |
| 61103 |
| | 61104 |
| 61105 | |
| 61106 | |
| 61107 | |
| 61108 |
| | 61109 |
| 61110 | |
| 61111 | |
| 61112 | |
| 61113 | |
| 61114 | |
| 61115 | |
| 61116 | |
| 61117 | |
| 61118 | |
| 61119 | |
| 61120 | |
| 61121 | |
| 61122 | |
| 61123 | |
| 61124 | |
| 61125 |
| | 61126 |
| 61127 | |
| 61128 | |
| 61129 | |
| 61130 | |
| 61131 |
| | 61132 |
| 61133 | |
| 61134 | |
| 61135 | |
| 61136 | |
|
After
the date
on which a transaction of sale is closed, the | 61137 |
| provider shall refund to the department the amount of excess | 61138 |
| depreciation paid to the provider for the facility by the | 61139 |
|
department for each year the | 61140 |
| facility under a provider agreement and prorated according to the | 61141 |
| number of medicaid patient days for
which the
| 61142 |
| has received payment for the facility. | 61143 |
| 61144 | |
| 61145 | |
| 61146 | |
| 61147 | |
| 61148 | |
| 61149 | |
| 61150 | |
| 61151 | |
| 61152 | |
| 61153 | |
| 61154 | |
| The
| 61155 |
| terminates participation
in the | 61156 |
| program also shall refund any other amount that the department | 61157 |
| properly finds to be due after the audit conducted under this | 61158 |
| division. For the purposes of this division, "depreciation paid to | 61159 |
| the provider for the facility" means the amount paid to the | 61160 |
| provider for the nursing facility
for | 61161 |
| costs pursuant to this section less any amount paid for interest | 61162 |
| costs, amortization of financing costs, and lease expenses. For | 61163 |
| the purposes of this division, "excess depreciation" is the | 61164 |
| nursing facility's
depreciated
basis, which is the | 61165 |
| provider's cost less accumulated depreciation, subtracted from the | 61166 |
| purchase price net of selling costs but not exceeding the amount | 61167 |
| of depreciation paid to the provider for the facility. | 61168 |
| | 61169 |
| 61170 | |
| 61171 | |
| 61172 | |
| 61173 | |
| 61174 | |
| 61175 | |
| 61176 | |
| 61177 | |
| 61178 | |
| 61179 | |
| 61180 | |
| 61181 | |
| 61182 | |
| 61183 | |
| 61184 | |
| 61185 | |
| 61186 | |
| 61187 | |
| 61188 |
| | 61189 |
| 61190 | |
| 61191 | |
| 61192 |
| | 61193 |
| 61194 | |
| 61195 | |
| 61196 | |
| 61197 | |
| 61198 | |
| 61199 |
| | 61200 |
| 61201 | |
| 61202 | |
| 61203 | |
| 61204 | |
| 61205 | |
| 61206 | |
| 61207 | |
| 61208 | |
| 61209 | |
| 61210 | |
| 61211 | |
| 61212 | |
| 61213 | |
| 61214 | |
| 61215 | |
| 61216 | |
| 61217 | |
| 61218 | |
| 61219 |
| | 61220 |
| 61221 | |
| 61222 | |
| 61223 | |
| 61224 | |
| 61225 | |
| 61226 | |
| 61227 | |
| 61228 | |
| 61229 |
| | 61230 |
| 61231 | |
| 61232 | |
| 61233 | |
| 61234 | |
| 61235 | |
| 61236 |
| | 61237 |
| 61238 | |
| 61239 | |
| 61240 | |
| 61241 |
| | 61242 |
| 61243 | |
| 61244 | |
| 61245 | |
| 61246 | |
| 61247 | |
| 61248 | |
| 61249 | |
| 61250 | |
| 61251 | |
| 61252 | |
| 61253 | |
| 61254 | |
| 61255 |
| Sec. 5111.251. (A) The department of job and family services | 61256 |
| shall pay a provider for each of the provider's eligible | 61257 |
| intermediate care | 61258 |
| for its reasonable capital costs, a per resident per day rate | 61259 |
| established prospectively each fiscal year for each intermediate | 61260 |
| care facility for the mentally retarded. Except as otherwise | 61261 |
| provided in sections 5111.20 to | 61262 |
| Code, the rate shall be based on the facility's capital costs for | 61263 |
| the calendar year preceding the fiscal year in which the rate will | 61264 |
| be paid. The rate shall equal the sum of the following: | 61265 |
| (1) The facility's desk-reviewed, actual, allowable, per diem | 61266 |
| cost of ownership for the preceding cost reporting period, limited | 61267 |
| as provided in divisions (C) and (F) of this section; | 61268 |
| (2) Any efficiency incentive determined under division (B) of | 61269 |
| this section; | 61270 |
| (3) Any amounts for renovations determined under division (D) | 61271 |
| of this section; | 61272 |
| (4) Any amounts for return on equity determined under | 61273 |
| division (I) of this section. | 61274 |
| Buildings shall be depreciated using the straight line method | 61275 |
| over forty years or over a different period approved by the | 61276 |
| department. Components and equipment shall be depreciated using | 61277 |
| the straight line method over a period designated by the director | 61278 |
|
of job and family services in rules adopted
| 61279 |
| 61280 | |
| with the guidelines of the American hospital association, or over | 61281 |
| a different period approved by the department of job and family | 61282 |
| services. Any rules
| 61283 |
| specify useful lives of buildings, components, or equipment apply | 61284 |
| only to assets acquired on or after July 1, 1993. Depreciation for | 61285 |
| costs paid or reimbursed by any government agency shall not be | 61286 |
| included in costs of ownership or renovation unless that part of | 61287 |
| the
payment under
sections 5111.20 to | 61288 |
| Revised Code is used to reimburse the government agency. | 61289 |
| (B) The department of job and family services shall pay to a | 61290 |
| provider for each of the provider's eligible intermediate care | 61291 |
| 61292 | |
| incentive equal to fifty per cent of the difference between any | 61293 |
| desk-reviewed, actual, allowable cost of ownership and the | 61294 |
| applicable limit on cost of ownership payments under division (C) | 61295 |
| of this section. For purposes of computing the efficiency | 61296 |
| incentive, depreciation for costs paid or reimbursed by any | 61297 |
| government agency shall be considered as a cost of ownership, and | 61298 |
| the applicable limit under division (C) of this section shall | 61299 |
| apply both to facilities with more than eight beds and facilities | 61300 |
| with eight or fewer beds. The efficiency incentive paid to a | 61301 |
| provider for a facility with eight or fewer beds shall not exceed | 61302 |
| three dollars per patient day, adjusted annually for the inflation | 61303 |
| rate for the twelve-month period beginning on the first day of | 61304 |
| July of the calendar year preceding the calendar year that | 61305 |
| precedes the fiscal year for which the efficiency incentive is | 61306 |
| determined and ending on the thirtieth day of the following June, | 61307 |
| using the consumer price index for shelter costs for all urban | 61308 |
| consumers for the north central region, as published by the United | 61309 |
| States bureau of labor statistics. | 61310 |
| (C) Cost of ownership payments | 61311 |
| facilities for the mentally retarded with more than eight beds | 61312 |
| shall not exceed the following limits: | 61313 |
| (1) For facilities with dates of licensure prior to January | 61314 |
| 1, l958, not exceeding two dollars and fifty cents per patient | 61315 |
| day; | 61316 |
| (2) For facilities with dates of licensure after December 31, | 61317 |
| l957, but prior to January 1, l968, not exceeding: | 61318 |
| (a) Three dollars and fifty cents per patient day if the cost | 61319 |
| of construction was three thousand five hundred dollars or more | 61320 |
| per bed; | 61321 |
| (b) Two dollars and fifty cents per patient day if the cost | 61322 |
| of construction was less than three thousand five hundred dollars | 61323 |
| per bed. | 61324 |
| (3) For facilities with dates of licensure after December 31, | 61325 |
| l967, but prior to January 1, l976, not exceeding: | 61326 |
| (a) Four dollars and fifty cents per patient day if the cost | 61327 |
| of construction was five thousand one hundred fifty dollars or | 61328 |
| more per bed; | 61329 |
| (b) Three dollars and fifty cents per patient day if the cost | 61330 |
| of construction was less than five thousand one hundred fifty | 61331 |
| dollars per bed, but exceeds three thousand five hundred dollars | 61332 |
| per bed; | 61333 |
| (c) Two dollars and fifty cents per patient day if the cost | 61334 |
| of construction was three thousand five hundred dollars or less | 61335 |
| per bed. | 61336 |
| (4) For facilities with dates of licensure after December 31, | 61337 |
| l975, but prior to January 1, l979, not exceeding: | 61338 |
| (a) Five dollars and fifty cents per patient day if the cost | 61339 |
| of construction was six thousand eight hundred dollars or more per | 61340 |
| bed; | 61341 |
| (b) Four dollars and fifty cents per patient day if the cost | 61342 |
| of construction was less than six thousand eight hundred dollars | 61343 |
| per bed but exceeds five thousand one hundred fifty dollars per | 61344 |
| bed; | 61345 |
| (c) Three dollars and fifty cents per patient day if the cost | 61346 |
| of construction was five thousand one hundred fifty dollars or | 61347 |
| less per bed, but exceeds three thousand five hundred dollars per | 61348 |
| bed; | 61349 |
| (d) Two dollars and fifty cents per patient day if the cost | 61350 |
| of construction was three thousand five hundred dollars or less | 61351 |
| per bed. | 61352 |
| (5) For facilities with dates of licensure after December 31, | 61353 |
| l978, but prior to January 1, l980, not exceeding: | 61354 |
| (a) Six dollars per patient day if the cost of construction | 61355 |
| was seven thousand six hundred twenty-five dollars or more per | 61356 |
| bed; | 61357 |
| (b) Five dollars and fifty cents per patient day if the cost | 61358 |
| of construction was less than seven thousand six hundred | 61359 |
| twenty-five dollars per bed but exceeds six thousand eight hundred | 61360 |
| dollars per bed; | 61361 |
| (c) Four dollars and fifty cents per patient day if the cost | 61362 |
| of construction was six thousand eight hundred dollars or less per | 61363 |
| bed but exceeds five thousand one hundred fifty dollars per bed; | 61364 |
| (d) Three dollars and fifty cents per patient day if the cost | 61365 |
| of construction was five thousand one hundred fifty dollars or | 61366 |
| less but exceeds three thousand five hundred dollars per bed; | 61367 |
| (e) Two dollars and fifty cents per patient day if the cost | 61368 |
| of construction was three thousand five hundred dollars or less | 61369 |
| per bed. | 61370 |
| (6) For facilities with dates of licensure after December 31, | 61371 |
| 1979, but prior to January 1, 1981, not exceeding: | 61372 |
| (a) Twelve dollars per patient day if the beds were | 61373 |
| originally licensed as residential facility beds by the department | 61374 |
| of mental retardation and developmental disabilities; | 61375 |
| (b) Six dollars per patient day if the beds were originally | 61376 |
| licensed as nursing home beds by the department of health. | 61377 |
| (7) For facilities with dates of licensure after December 31, | 61378 |
| 1980, but prior to January 1, 1982, not exceeding: | 61379 |
| (a) Twelve dollars per patient day if the beds were | 61380 |
| originally licensed as residential facility beds by the department | 61381 |
| of mental retardation and developmental disabilities; | 61382 |
| (b) Six dollars and forty-five cents per patient day if the | 61383 |
| beds were originally licensed as nursing home beds by the | 61384 |
| department of health. | 61385 |
| (8) For facilities with dates of licensure after December 31, | 61386 |
| 1981, but prior to January 1, 1983, not exceeding: | 61387 |
| (a) Twelve dollars per patient day if the beds were | 61388 |
| originally licensed as residential facility beds by the department | 61389 |
| of mental retardation and developmental disabilities; | 61390 |
| (b) Six dollars and seventy-nine cents per patient day if the | 61391 |
| beds were originally licensed as nursing home beds by the | 61392 |
| department of health. | 61393 |
| (9) For facilities with dates of licensure after December 31, | 61394 |
| 1982, but prior to January 1, 1984, not exceeding: | 61395 |
| (a) Twelve dollars per patient day if the beds were | 61396 |
| originally licensed as residential facility beds by the department | 61397 |
| of mental retardation and developmental disabilities; | 61398 |
| (b) Seven dollars and nine cents per patient day if the beds | 61399 |
| were originally licensed as nursing home beds by the department of | 61400 |
| health. | 61401 |
| (10) For facilities with dates of licensure after December | 61402 |
| 31, 1983, but prior to January 1, 1985, not exceeding: | 61403 |
| (a) Twelve dollars and twenty-four cents per patient day if | 61404 |
| the beds were originally licensed as residential facility beds by | 61405 |
| the department of mental retardation and developmental | 61406 |
| disabilities; | 61407 |
| (b) Seven dollars and twenty-three cents per patient day if | 61408 |
| the beds were originally licensed as nursing home beds by the | 61409 |
| department of health. | 61410 |
| (11) For facilities with dates of licensure after December | 61411 |
| 31, 1984, but prior to January 1, 1986, not exceeding: | 61412 |
| (a) Twelve dollars and fifty-three cents per patient day if | 61413 |
| the beds were originally licensed as residential facility beds by | 61414 |
| the department of mental retardation and developmental | 61415 |
| disabilities; | 61416 |
| (b) Seven dollars and forty cents per patient day if the beds | 61417 |
| were originally licensed as nursing home beds by the department of | 61418 |
| health. | 61419 |
| (12) For facilities with dates of licensure after December | 61420 |
| 31, 1985, but prior to January 1, 1987, not exceeding: | 61421 |
| (a) Twelve dollars and seventy cents per patient day if the | 61422 |
| beds were originally licensed as residential facility beds by the | 61423 |
| department of mental retardation and developmental disabilities; | 61424 |
| (b) Seven dollars and fifty cents per patient day if the beds | 61425 |
| were originally licensed as nursing home beds by the department of | 61426 |
| health. | 61427 |
| (13) For facilities with dates of licensure after December | 61428 |
| 31, 1986, but prior to January 1, 1988, not exceeding: | 61429 |
| (a) Twelve dollars and ninety-nine cents per patient day if | 61430 |
| the beds were originally licensed as residential facility beds by | 61431 |
| the department of mental retardation and developmental | 61432 |
| disabilities; | 61433 |
| (b) Seven dollars and sixty-seven cents per patient day if | 61434 |
| the beds were originally licensed as nursing home beds by the | 61435 |
| department of health. | 61436 |
| (14) For facilities with dates of licensure after December | 61437 |
| 31, 1987, but prior to January 1, 1989, not exceeding thirteen | 61438 |
| dollars and twenty-six cents per patient day; | 61439 |
| (15) For facilities with dates of licensure after December | 61440 |
| 31, 1988, but prior to January 1, 1990, not exceeding thirteen | 61441 |
| dollars and forty-six cents per patient day; | 61442 |
| (16) For facilities with dates of licensure after December | 61443 |
| 31, 1989, but prior to January 1, 1991, not exceeding thirteen | 61444 |
| dollars and sixty cents per patient day; | 61445 |
| (17) For facilities with dates of licensure after December | 61446 |
| 31, 1990, but prior to January 1, 1992, not exceeding thirteen | 61447 |
| dollars and forty-nine cents per patient day; | 61448 |
| (18) For facilities with dates of licensure after December | 61449 |
| 31, 1991, but prior to January 1, 1993, not exceeding thirteen | 61450 |
| dollars and sixty-seven cents per patient day; | 61451 |
| (19) For facilities with dates of licensure after December | 61452 |
| 31, 1992, not exceeding fourteen dollars and twenty-eight cents | 61453 |
| per patient day. | 61454 |
| (D) Beginning January 1, 1981, regardless of the original | 61455 |
| date of licensure, the department of job and family services shall | 61456 |
| pay a rate for the per diem capitalized costs of renovations to | 61457 |
| intermediate care facilities for the mentally retarded made after | 61458 |
| January 1, l981, not exceeding six dollars per patient day using | 61459 |
| 1980 as the base year and adjusting the amount annually until June | 61460 |
| 30, 1993, for fluctuations in construction costs calculated by the | 61461 |
| department using the "Dodge building cost indexes, northeastern | 61462 |
| and north central states," published by Marshall and Swift. The | 61463 |
| payment provided for in this division is the only payment that | 61464 |
| shall be made for the capitalized costs of a nonextensive | 61465 |
| renovation of an intermediate care facility for the mentally | 61466 |
| retarded. Nonextensive renovation costs shall not be included in | 61467 |
| cost of ownership, and a nonextensive renovation shall not affect | 61468 |
| the date of licensure for purposes of division (C) of this | 61469 |
| section. This division applies to nonextensive renovations | 61470 |
| regardless of whether they are made by an owner or a lessee. If | 61471 |
| the tenancy of a lessee that has made renovations ends before the | 61472 |
| depreciation expense for the renovation costs has been fully | 61473 |
| reported, the former lessee shall not report the undepreciated | 61474 |
| balance as an expense. | 61475 |
| For a nonextensive renovation to qualify for payment under | 61476 |
| this division, both of the following conditions must be met: | 61477 |
| (1) At least five years have elapsed since the date of | 61478 |
| licensure or date of an extensive renovation of the portion of the | 61479 |
| facility that is proposed to be renovated, except that this | 61480 |
| condition does not apply if the renovation is necessary to meet | 61481 |
| the requirements of federal, state, or local statutes, ordinances, | 61482 |
| rules, or policies. | 61483 |
| (2) The provider has obtained prior approval from the | 61484 |
| department of job and family services. The provider shall submit a | 61485 |
| plan that describes in detail the changes in capital assets to be | 61486 |
| accomplished by means of the renovation and the timetable for | 61487 |
| completing the project. The time for completion of the project | 61488 |
| shall be no more than eighteen months after the renovation begins. | 61489 |
|
The
director of
job and family services shall adopt rules | 61490 |
| 61491 | |
| Code that specify criteria and procedures for prior approval of | 61492 |
| renovation projects. No provider shall separate a project with the | 61493 |
| intent to evade the characterization of the project as a | 61494 |
| renovation or as an extensive renovation. No provider shall | 61495 |
| increase the scope of a project after it is approved by the | 61496 |
| department of job and family services unless the increase in scope | 61497 |
| is approved by the department. | 61498 |
| (E) The amounts specified in divisions (C) and (D) of this | 61499 |
| section shall be adjusted beginning July 1, 1993, for the | 61500 |
| estimated inflation for the twelve-month period beginning on the | 61501 |
| first day of July of the calendar year preceding the calendar year | 61502 |
| that precedes the fiscal year for which rate will be paid and | 61503 |
| ending on the thirtieth day of the following June, using the | 61504 |
| consumer price index for shelter costs for all urban consumers for | 61505 |
| the north central region, as published by the United States bureau | 61506 |
| of labor statistics. | 61507 |
| (F)(1) For facilities of eight or fewer beds that have dates | 61508 |
| of licensure or have been granted project authorization by the | 61509 |
| department of mental retardation and developmental disabilities | 61510 |
| before July 1, 1993, and for facilities of eight or fewer beds | 61511 |
| that have dates of licensure or have been granted project | 61512 |
| authorization after that date if the providers of the facilities | 61513 |
| demonstrate that they made substantial commitments of funds on or | 61514 |
| before that date, cost of ownership shall not exceed eighteen | 61515 |
| dollars and thirty cents per resident per day. The eighteen-dollar | 61516 |
| and thirty-cent amount shall be increased by the change in the | 61517 |
| "Dodge building cost indexes, northeastern and north central | 61518 |
| states," published by Marshall and Swift, during the period | 61519 |
| beginning June 30, 1990, and ending July 1, 1993, and by the | 61520 |
| change in the consumer price index for shelter costs for all urban | 61521 |
| consumers for the north central region, as published by the United | 61522 |
| States bureau of labor statistics, annually thereafter. | 61523 |
| (2) For facilities with eight or fewer beds that have dates | 61524 |
| of licensure or have been granted project authorization by the | 61525 |
| department of mental retardation and developmental disabilities on | 61526 |
| or after July 1, 1993, for which substantial commitments of funds | 61527 |
| were not made before that date, cost of ownership payments shall | 61528 |
| not exceed the applicable amount calculated under division (F)(1) | 61529 |
| of this section, if the department of job and family services | 61530 |
| gives prior approval for construction of the facility. If the | 61531 |
| department does not give prior approval, cost of ownership | 61532 |
| payments shall not exceed the amount specified in division (C) of | 61533 |
| this section. | 61534 |
| (3) Notwithstanding divisions (D) and (F)(1) and (2) of this | 61535 |
| section, the total payment for cost of ownership, cost of | 61536 |
| ownership efficiency incentive, and capitalized costs of | 61537 |
| renovations for an intermediate care facility for the mentally | 61538 |
| retarded with eight or fewer beds shall not exceed the sum of the | 61539 |
| limitations specified in divisions (C) and (D) of this section. | 61540 |
| (G) Notwithstanding any provision of this section or section | 61541 |
| 61542 | |
| family
services may adopt
rules | 61543 |
| under section 5111.02 of the Revised Code that provide for a | 61544 |
| calculation of a combined maximum payment limit for indirect care | 61545 |
| costs and cost of ownership for intermediate care facilities for | 61546 |
| the mentally retarded with eight or fewer beds. | 61547 |
| (H) | 61548 |
| 61549 | |
| 61550 | |
| 61551 | |
| 61552 | |
| 61553 | |
|
the date
on which a transaction of sale is closed, the | 61554 |
| provider shall refund to the department the amount of excess | 61555 |
| depreciation paid to the provider for the facility by the | 61556 |
| department for each year the | 61557 |
| facility under a provider agreement and prorated according to the | 61558 |
| number of medicaid patient days for which the
| 61559 |
| has
received payment for the facility. | 61560 |
| 61561 | |
| 61562 | |
| 61563 | |
| 61564 | |
| 61565 | |
| 61566 | |
| 61567 | |
| 61568 | |
| 61569 | |
| 61570 | |
| 61571 | |
| 61572 | |
| 61573 | |
| "depreciation paid to the provider for the facility" means the | 61574 |
| amount paid to the provider for the intermediate care facility for | 61575 |
| the mentally retarded for cost of ownership pursuant to this | 61576 |
| section less any amount paid for interest costs. For the purposes | 61577 |
| of this division, "excess depreciation" is the intermediate care | 61578 |
| facility for the mentally retarded's depreciated basis, which is | 61579 |
|
the | 61580 |
| subtracted from the purchase price but not exceeding the amount of | 61581 |
| depreciation paid to the provider for the facility. | 61582 |
| | 61583 |
| 61584 | |
| 61585 | |
| 61586 | |
| 61587 | |
| 61588 | |
| 61589 | |
| 61590 | |
| 61591 | |
| 61592 | |
| 61593 | |
| 61594 | |
| 61595 | |
| 61596 | |
| 61597 | |
| 61598 | |
| 61599 | |
| 61600 | |
| 61601 | |
| 61602 | |
| 61603 | |
| 61604 |
| | 61605 |
| 61606 | |
| 61607 | |
| 61608 |
| | 61609 |
| 61610 | |
| 61611 | |
| 61612 | |
| 61613 | |
| 61614 | |
| 61615 | |
| 61616 |
| | 61617 |
| 61618 | |
| 61619 | |
| 61620 | |
| 61621 | |
| 61622 | |
| 61623 | |
| 61624 | |
| 61625 | |
| 61626 | |
| 61627 | |
| 61628 | |
| 61629 | |
| 61630 | |
| 61631 | |
| 61632 | |
| 61633 | |
| 61634 | |
| 61635 | |
| 61636 |
| | 61637 |
| 61638 | |
| 61639 | |
| 61640 | |
| 61641 | |
| 61642 | |
| 61643 | |
| 61644 | |
| 61645 | |
| 61646 | |
| 61647 |
| (I) The department of job and family services shall pay a | 61648 |
| provider for each of the provider's eligible proprietary | 61649 |
| intermediate care | 61650 |
| return on the facility's net equity computed at the rate of one | 61651 |
| and one-half times the average of interest rates on special issues | 61652 |
| of public debt obligations issued to the federal hospital | 61653 |
| insurance trust fund for the cost reporting period. No facility's | 61654 |
| return on net equity paid under this division shall exceed one | 61655 |
| dollar per patient day. | 61656 |
| In calculating the rate for return on net equity, the | 61657 |
| department shall use the greater of the facility's inpatient days | 61658 |
| during the applicable cost reporting period or the number of | 61659 |
| inpatient days the facility would have had during that period if | 61660 |
| its occupancy rate had been ninety-five per cent. | 61661 |
| (J)(1) Except as provided in division (J)(2) of this section, | 61662 |
| if a provider leases or transfers an interest in a facility to | 61663 |
| another provider who is a related party, the related party's | 61664 |
| allowable cost of ownership shall include the lesser of the | 61665 |
| following: | 61666 |
| (a) The annual lease expense or actual cost of ownership, | 61667 |
| whichever is applicable; | 61668 |
| (b) The reasonable cost to the lessor or provider making the | 61669 |
| transfer. | 61670 |
| (2) If a provider leases or transfers an interest in a | 61671 |
| facility to another provider who is a related party, regardless of | 61672 |
| the date of the lease or transfer, the related party's allowable | 61673 |
| cost of ownership shall include the annual lease expense or actual | 61674 |
| cost of ownership, whichever is applicable, subject to the | 61675 |
| limitations specified in divisions (B) to (I) of this section, if | 61676 |
| all of the following conditions are met: | 61677 |
| (a) The related party is a relative of owner; | 61678 |
| (b) In the case of a lease, if the lessor retains any | 61679 |
| ownership interest, it is, except as provided in division | 61680 |
| (J)(2)(d)(ii) of this section, in only the real property and any | 61681 |
| improvements on the real property; | 61682 |
| (c) In the case of a transfer, the provider making the | 61683 |
| transfer retains, except as provided in division (J)(2)(d)(iv) of | 61684 |
| this section, no ownership interest in the facility; | 61685 |
| (d) The department of job and family services determines that | 61686 |
| the lease or transfer is an arm's length transaction pursuant to | 61687 |
| rules | 61688 |
| adopted under section 5111.02 of the Revised Code | 61689 |
| 61690 | |
| transfer is an arm's length transaction if all of the following, | 61691 |
| as applicable, apply: | 61692 |
| (i) In the case of a lease, once the lease goes into effect, | 61693 |
| the lessor has no direct or indirect interest in the lessee or, | 61694 |
| except as provided in division (J)(2)(b) of this section, the | 61695 |
| facility itself, including interest as an owner, officer, | 61696 |
| director, employee, independent contractor, or consultant, but | 61697 |
| excluding interest as a lessor. | 61698 |
| (ii) In the case of a lease, the lessor does not reacquire an | 61699 |
| interest in the facility except through the exercise of a lessor's | 61700 |
| rights in the event of a default. If the lessor reacquires an | 61701 |
| interest in the facility in this manner, the department shall | 61702 |
| treat the facility as if the lease never occurred when the | 61703 |
| department calculates its reimbursement rates for capital costs. | 61704 |
| (iii) In the case of a transfer, once the transfer goes into | 61705 |
| effect, the provider that made the transfer has no direct or | 61706 |
| indirect interest in the provider that acquires the facility or | 61707 |
| the facility itself, including interest as an owner, officer, | 61708 |
| director, employee, independent contractor, or consultant, but | 61709 |
| excluding interest as a creditor. | 61710 |
| (iv) In the case of a transfer, the provider that made the | 61711 |
| transfer does not reacquire an interest in the facility except | 61712 |
| through the exercise of a creditor's rights in the event of a | 61713 |
| default. If the provider reacquires an interest in the facility in | 61714 |
| this manner, the department shall treat the facility as if the | 61715 |
| transfer never occurred when the department calculates its | 61716 |
| reimbursement rates for capital costs. | 61717 |
| (v) The lease or transfer satisfies any other criteria | 61718 |
| specified in the rules. | 61719 |
| (e) Except in the case of hardship caused by a catastrophic | 61720 |
| event, as determined by the department, or in the case of a lessor | 61721 |
| or provider making the transfer who is at least sixty-five years | 61722 |
| of age, not less than twenty years have elapsed since, for the | 61723 |
| same facility, allowable cost of ownership was determined most | 61724 |
| recently under this division. | 61725 |
| Sec. 5111.254. (A) The department of job and family services | 61726 |
| shall establish initial rates for a nursing facility with a first | 61727 |
| date of licensure that is on or after July 1, 2006, including a | 61728 |
| facility that replaces one or more existing facilities, or for a | 61729 |
| nursing facility with a first date of licensure before that date | 61730 |
| that was initially certified for the medicaid program on or after | 61731 |
| that date, in the following manner: | 61732 |
| (1) The rate for direct care costs shall be the product of | 61733 |
| the cost per case-mix unit determined under division (D) of | 61734 |
| section 5111.231 of the Revised Code for the facility's peer group | 61735 |
| and the nursing facility's case-mix score. For the purpose of | 61736 |
| division (A)(1) of this section, the nursing facility's case-mix | 61737 |
| score shall be the following: | 61738 |
| (a) Unless the nursing facility replaces an existing nursing | 61739 |
| facility that participated in the medicaid program immediately | 61740 |
| before the replacement nursing facility begins participating in | 61741 |
| the medicaid program, the median annual average case-mix score for | 61742 |
| the nursing facility's peer group; | 61743 |
| (b) If the nursing facility replaces an existing nursing | 61744 |
| facility that participated in the medicaid program immediately | 61745 |
| before the replacement nursing facility begins participating in | 61746 |
| the medicaid program, the semiannual case-mix score most recently | 61747 |
| determined under section 5111.232 of the Revised Code for the | 61748 |
| replaced nursing facility as adjusted, if necessary, to reflect | 61749 |
| any difference in the number of beds in the replaced and | 61750 |
| replacement nursing facilities. | 61751 |
| (2) The rate for ancillary and support costs shall be the | 61752 |
| rate for the facility's peer group determined under division (D) | 61753 |
| of section 5111.24 of the Revised Code. | 61754 |
| (3) The rate for capital costs shall be the median rate for | 61755 |
| the facility's peer group determined under division (D) of section | 61756 |
| 5111.25 of the Revised Code. | 61757 |
| (4) The rate for tax costs as defined in section 5111.242 of | 61758 |
| the Revised Code shall be the median rate for tax costs for the | 61759 |
| facility's peer group in which the facility is placed under | 61760 |
| division (C) of section 5111.24 of the Revised Code. | 61761 |
| (5) The quality incentive payment shall be the mean payment | 61762 |
| specified in division (B) of section 5111.244 of the Revised Code. | 61763 |
| (B) Subject to division (C) of this section, the department | 61764 |
| shall adjust the rates established under division (A) of this | 61765 |
| section effective the first day of July, to reflect new rate | 61766 |
| calculations for all nursing facilities under sections 5111.20 to | 61767 |
| 5111.33 of the Revised Code. | 61768 |
| (C) If a rate for direct care costs is determined under this | 61769 |
| section for a nursing facility using the median annual average | 61770 |
| case-mix score for the nursing facility's peer group, the rate | 61771 |
| shall be redetermined to reflect the replacement nursing | 61772 |
| facility's actual semiannual case-mix score determined under | 61773 |
| section 5111.232 of the Revised Code after the nursing facility | 61774 |
| submits its first two quarterly assessment data that qualify for | 61775 |
| use in calculating a case-mix score in accordance with rules | 61776 |
| authorized by division (E) of section 5111.232 of the Revised | 61777 |
| Code. If the nursing facility's quarterly submissions do not | 61778 |
| qualify for use in calculating a case-mix score, the department | 61779 |
| shall continue to use the median annual average case-mix score for | 61780 |
| the nursing facility's peer group in lieu of the nursing | 61781 |
| facility's semiannual case-mix score until the nursing facility | 61782 |
| submits two consecutive quarterly assessment data that qualify for | 61783 |
| use in calculating a case-mix score. | 61784 |
| Sec. 5111.255. (A) The department of job and family services | 61785 |
| shall
establish initial rates for | 61786 |
| intermediate care facility for the mentally retarded with a first | 61787 |
| date of licensure that is on or after January 1, 1993, including a | 61788 |
|
facility that replaces one or more existing facilities, or for | 61789 |
| 61790 | |
| retarded with a first date of licensure before that date that was | 61791 |
|
initially certified for the | 61792 |
| or after that date, in the following manner: | 61793 |
| (1) The rate for direct care costs shall be determined as | 61794 |
| follows: | 61795 |
| (a) If there are no cost or resident assessment data as | 61796 |
| necessary to calculate a rate under section 5111.23 of the Revised | 61797 |
| Code, the rate shall be the median cost per case-mix unit | 61798 |
| calculated under division (B)(1) of that section for the relevant | 61799 |
| peer group for the calendar year preceding the fiscal year in | 61800 |
| which the rate will be paid, multiplied by the median annual | 61801 |
| average case-mix score for the peer group for that period and by | 61802 |
| the rate
of inflation estimated under division (B) | 61803 |
| section. This rate shall be recalculated to reflect the facility's | 61804 |
| actual quarterly average case-mix score, in accordance with that | 61805 |
| section, after it submits its first quarterly assessment | 61806 |
| 61807 | |
| score in accordance with rules
| 61808 |
| division | 61809 |
| If the facility's first two quarterly submissions do not contain | 61810 |
| assessment | 61811 |
| a case-mix score, the department shall continue to calculate the | 61812 |
| rate using the median annual case-mix score for the peer group in | 61813 |
| lieu of an assigned quarterly case-mix score. The department shall | 61814 |
| assign a case-mix score or, if necessary, a cost per case-mix unit | 61815 |
| under division | 61816 |
| Code for any subsequent submissions that do not contain assessment | 61817 |
| 61818 | |
| score. | 61819 |
| (b) If the facility is a replacement facility and the | 61820 |
| facility or facilities that are being replaced are in operation | 61821 |
| immediately before the replacement facility opens, the rate shall | 61822 |
| be the same as the rate for the replaced facility or facilities, | 61823 |
| proportionate to the number of beds in each replaced facility. If | 61824 |
| one or more of the replaced facilities is not in operation | 61825 |
| immediately before the replacement facility opens, its proportion | 61826 |
| shall be determined under division (A)(1)(a) of this section. | 61827 |
| (2) The rate for other protected costs shall be one hundred | 61828 |
| fifteen per cent of the median rate for | 61829 |
| 61830 | |
| calculated for the fiscal year under section 5111.235 of the | 61831 |
| Revised Code. | 61832 |
| (3) The rate for indirect care costs shall be the applicable | 61833 |
| maximum rate for the facility's peer group as specified in | 61834 |
| division (B) of section | 61835 |
| 5111.241 of the Revised Code. | 61836 |
| (4) The rate for capital costs shall be determined under | 61837 |
|
section | 61838 |
| of actual inpatient days or an imputed occupancy rate of eighty | 61839 |
| per cent. | 61840 |
| (B) The department shall adjust the rates established under | 61841 |
| division (A) of this section at both of the following times: | 61842 |
| (1) Effective the first day of July, to reflect new rate | 61843 |
|
calculations for all facilities under sections | 61844 |
| 61845 |
| (2) Following the | 61846 |
| facility's cost report under division (A)(1)(b) of section 5111.26 | 61847 |
| of the Revised Code. | 61848 |
| The department shall pay the rate adjusted based on the cost | 61849 |
| report beginning the first day of the calendar quarter that begins | 61850 |
| more than ninety days after the department receives the cost | 61851 |
| report. | 61852 |
| Sec. 5111.257. If a provider of a nursing facility adds or | 61853 |
| replaces one or more medicaid certified beds to or at the nursing | 61854 |
| facility, or renovates one or more of the nursing facility's beds, | 61855 |
| the rate for the added, replaced, or renovated beds shall be the | 61856 |
| same as the rate for the nursing facility's existing beds. | 61857 |
| | 61858 |
| 61859 | |
| 61860 | |
| of
job and family services
shall adopt rules | 61861 |
| 61862 | |
| establish a methodology for calculating the prospective
rates | 61863 |
| 61864 | |
| 61865 | |
| each of the provider's eligible nursing facilities and | 61866 |
| intermediate care facilities for the mentally retarded, and | 61867 |
| discrete units of the provider's nursing facilities or | 61868 |
| intermediate care facilities for the mentally retarded, that serve | 61869 |
| residents who have diagnoses or special care needs that require | 61870 |
| direct care resources that are not measured adequately by the | 61871 |
| applicable assessment instrument specified in rules | 61872 |
| authorized by section | 61873 |
| who have diagnoses or special care needs specified in the rules as | 61874 |
| otherwise qualifying for consideration under this section. The | 61875 |
| facilities and units of facilities whose rates are established | 61876 |
| under this division may include, but shall not be limited to, any | 61877 |
| of the following: | 61878 |
| (1) In the case of nursing facilities, facilities and units | 61879 |
| of facilities that serve medically fragile pediatric residents, | 61880 |
| residents who are dependent on ventilators, or residents who have | 61881 |
| severe traumatic brain injury, end-stage Alzheimer's disease, or | 61882 |
| end-stage acquired immunodeficiency syndrome; | 61883 |
| (2) In the case of intermediate care facilities for the | 61884 |
| mentally retarded, facilities and units of facilities that serve | 61885 |
| residents who have complex medical conditions or severe behavioral | 61886 |
| problems. | 61887 |
| The department shall use the methodology established under | 61888 |
| this division to pay for services rendered by such facilities and | 61889 |
| units after June 30, 1993. | 61890 |
| The rules | 61891 |
| specify the criteria and procedures the department will apply when | 61892 |
| designating facilities and units that qualify for calculation of | 61893 |
| rates under this division. The criteria shall include | 61894 |
| consideration of whether all of the allowable costs of the | 61895 |
| facility or unit would be paid by rates established under sections | 61896 |
| 61897 | |
| 61898 | |
| establish a minimum bed size for a facility or unit to qualify to | 61899 |
| have its rates established under this division. The criteria shall | 61900 |
| not be designed to require that residents be served only in | 61901 |
| facilities located in large cities. The methodology established by | 61902 |
| the rules shall consider the historical costs of providing care to | 61903 |
| the residents of the facilities or units. | 61904 |
| The rules may require that a facility designated under this | 61905 |
| division or containing a unit designated under this division | 61906 |
| receive authorization from the department to admit or retain a | 61907 |
| resident to the facility or unit and shall specify the criteria | 61908 |
| and procedures the department will apply when granting that | 61909 |
| authorization. | 61910 |
| Notwithstanding any other provision of sections 5111.20 to | 61911 |
| 61912 | |
| facilities or units whose rates are established under this | 61913 |
| division shall not be considered in establishing payment rates for | 61914 |
| other facilities or units. | 61915 |
| (B) The director may adopt rules | 61916 |
| 61917 | |
| department, notwithstanding any other provision of sections | 61918 |
| 5111.20 to
| 61919 |
| rates determined
under sections | 61920 |
| 5111.33 of the Revised Code for a facility that serves a resident | 61921 |
| who has a diagnosis or special care need that, in the rules | 61922 |
| 61923 | |
| qualify a facility or unit of a facility to have its rate | 61924 |
| determined under that division, but who is not in such a unit. The | 61925 |
| rules may require that a facility that qualifies for a rate | 61926 |
| adjustment under this division receive authorization from the | 61927 |
| department to admit or retain a resident who qualifies the | 61928 |
| facility for the rate adjustment and shall specify the criteria | 61929 |
| and procedures the department will apply when granting that | 61930 |
| authorization. | 61931 |
| Sec. 5111.26. (A)(1)(a) Except as provided in division | 61932 |
|
(A)(1)(b) of this section, each | 61933 |
| 61934 | |
| the department of job and family services an annual cost report | 61935 |
| 61936 | |
| intermediate care facilities for the mentally retarded that | 61937 |
| participate in the medicaid program. A provider shall prepare the | 61938 |
| reports in accordance with guidelines established by the | 61939 |
| department. | 61940 |
| portion of a calendar year during which the facility participated | 61941 |
| in the | 61942 |
| provider shall file the reports within ninety days after the end | 61943 |
| of the calendar year. The department, for good cause, may grant a | 61944 |
| fourteen-day extension of the time for filing cost reports upon | 61945 |
| written request from a
| 61946 |
| family services
shall prescribe, in rules adopted | 61947 |
| 61948 | |
| cost reporting form and a uniform chart of accounts for the | 61949 |
| purpose of cost reporting, and shall distribute cost reporting | 61950 |
| forms or computer software for electronic submission of the cost | 61951 |
| report to
each | 61952 |
| 61953 | |
| 61954 |
| (b) | 61955 |
| nursing facility or intermediate care facility for the mentally | 61956 |
| retarded were most recently established under section 5111.254 or | 61957 |
| 5111.255 of the Revised Code, the provider shall submit a cost | 61958 |
| report for that facility no later than ninety days after the end | 61959 |
| of the facility's first
three full calendar months of operation. | 61960 |
| If a nursing facility or intermediate care facility for the | 61961 |
| mentally retarded undergoes a change of provider that the | 61962 |
| department determines, in accordance with rules adopted under | 61963 |
| section 5111.02 of the Revised Code, is an arm's length | 61964 |
| transaction, the new provider shall submit a cost report for that | 61965 |
| facility not later than ninety days after the end of the | 61966 |
| facility's first three full calendar months of operation under the | 61967 |
| new provider. The provider of a facility that opens or undergoes a | 61968 |
| change of provider that is an arm's length transaction after the | 61969 |
| first day of October in any calendar year is not required to file | 61970 |
| a cost report for that calendar year. | 61971 |
| (c) If a nursing facility undergoes a change of provider that | 61972 |
| the department determines, in accordance with rules adopted under | 61973 |
| section 5111.02 of the Revised Code, is not an arms length | 61974 |
| transaction, the new provider shall file a cost report under | 61975 |
| division (A)(1)(a) of this section for the facility. The cost | 61976 |
| report shall cover the portion of the calendar year during which | 61977 |
| the new provider operated the nursing facility and the portion of | 61978 |
| the calendar year during which the previous provider operated the | 61979 |
| nursing facility. | 61980 |
| (2) If a | 61981 |
| 61982 | |
| report for a nursing facility or intermediate care facility for | 61983 |
| the mentally retarded does
not file the | 61984 |
| required time | 61985 |
| an extension is granted under division (A)(1)(a) of this section, | 61986 |
| or files an incomplete or inadequate report for the facility, the | 61987 |
| department shall provide immediate written
notice to the | 61988 |
| provider that | 61989 |
|
terminated in thirty days unless the | 61990 |
| complete and adequate cost report for the facility within thirty | 61991 |
| days. During the thirty-day termination period or any additional | 61992 |
| time allowed for an appeal of the proposed termination of a | 61993 |
| provider agreement,
the | 61994 |
| facility's then current per resident per day rate, minus two | 61995 |
| dollars. On July 1, 1994, the department shall adjust the | 61996 |
| two-dollar reduction to reflect the rate of inflation during the | 61997 |
| preceding twelve months, as shown in the consumer price index for | 61998 |
| all items for all urban consumers for the north central region, | 61999 |
| published by the United States bureau of labor statistics. On July | 62000 |
| 1, 1995, and the first day of July of each year thereafter, the | 62001 |
| department shall adjust the amount of the reduction in effect | 62002 |
| during the previous twelve months to reflect the rate of inflation | 62003 |
| during the preceding twelve months, as shown in the same index. | 62004 |
| (B) No | 62005 |
| 62006 | |
| 5111.35 to 5111.62 or section 5111.99 of the Revised Code in any | 62007 |
| cost report filed under this section. | 62008 |
| (C) The department shall develop an addendum to the cost | 62009 |
|
report form that a | 62010 |
| 62011 | |
| the
| 62012 |
| Any costs
reported by the | 62013 |
| considered by the department in setting the facility's rate. If | 62014 |
| the department does not consider the costs listed on the addendum | 62015 |
| in setting the
facility's rate, the | 62016 |
| reconsideration of that determination under section 5111.29 of the | 62017 |
| Revised Code. If the department subsequently includes the costs | 62018 |
| listed in the addendum in the facility's rate, the department | 62019 |
| shall pay the | 62020 |
| established in rules adopted | 62021 |
| section 5111.02 of the Revised Code for the time that the rate | 62022 |
| paid excluded the costs. | 62023 |
| Sec. 5111.261. Except as otherwise provided in | 62024 |
| 62025 | |
| of job and family services, in determining whether an intermediate | 62026 |
| care facility for the mentally retarded's direct care costs and | 62027 |
| indirect care costs are allowable, shall place no limit on | 62028 |
| specific categories of reasonable costs other than compensation of | 62029 |
| owners, compensation of relatives of owners, compensation of | 62030 |
| administrators and costs for resident meals that are prepared and | 62031 |
| consumed outside the facility. | 62032 |
| Compensation cost limits for owners and relatives of owners | 62033 |
| shall be based on compensation costs for individuals who hold | 62034 |
| comparable positions but who are not owners or relatives of | 62035 |
| owners, as reported on facility cost reports. As used in this | 62036 |
| section, "comparable position" means the position that is held by | 62037 |
| the owner or the owner's relative, if that position is listed | 62038 |
| separately on the cost report form, or if the position is not | 62039 |
| listed separately, the group of positions that is listed on the | 62040 |
| cost report form and that includes the position held by the owner | 62041 |
| or the owner's relative. In the case of an owner or owner's | 62042 |
| relative who serves the facility in a capacity such as corporate | 62043 |
| officer, proprietor, or partner for which no comparable position | 62044 |
| or group of positions is listed on the cost report form, the | 62045 |
| compensation cost limit shall be based on civil service | 62046 |
|
equivalents and shall be specified in rules adopted | 62047 |
| 62048 | |
| 62049 |
| Compensation cost limits for administrators shall be based on | 62050 |
| compensation costs for administrators who are not owners or | 62051 |
| relatives of owners, as reported on facility cost reports. | 62052 |
| Compensation cost limits for administrators of four or more | 62053 |
| intermediate care facilities for the mentally retarded shall be | 62054 |
|
the same as the limits for administrators of | 62055 |
| intermediate care facilities for the mentally retarded with one | 62056 |
| hundred fifty or more beds. | 62057 |
| | 62058 |
| 62059 | |
| 62060 | |
| 62061 | |
| 62062 | |
| 62063 | |
| 62064 | |
| 62065 | |
| 62066 | |
| 62067 |
| Sec. 5111.263. (A) As used in this section, "covered therapy | 62068 |
| services" means physical therapy, occupational therapy, audiology, | 62069 |
| and speech therapy services that are provided by appropriately | 62070 |
| licensed therapists or therapy assistants and that are covered for | 62071 |
| nursing facility residents either by the medicare program | 62072 |
| established under Title XVIII | 62073 |
| 62074 | |
| 62075 | |
|
director of job and family
services | 62076 |
| 62077 |
| (B) Except as provided in division (G) of this section, the | 62078 |
| costs of therapy are not allowable costs for nursing facilities | 62079 |
| for the purpose of determining rates under sections
| 62080 |
| 62081 | |
| 62082 |
| (C) The department of job and family services shall process | 62083 |
| no
claims for payment under the | 62084 |
| program for covered therapy services rendered to a resident of a | 62085 |
| nursing facility other than such claims submitted, in accordance | 62086 |
| with this section, by a nursing facility that has a valid provider | 62087 |
| agreement with the department. | 62088 |
| (D) | 62089 |
| 62090 | |
| family services for covered
therapy services | 62091 |
| nursing facilities provide to residents of any nursing facility | 62092 |
|
who are medicaid recipients | 62093 |
| not eligible for the medicare program. | 62094 |
| (E) The department shall not process any claim for a covered | 62095 |
| therapy service provided to a nursing facility resident who is | 62096 |
| eligible for the medicare program unless the claim is for a | 62097 |
| copayment or deductible or the conditions in division (E)(1) or | 62098 |
| (2) of this section apply: | 62099 |
| (1) The covered therapy service provided is, under the | 62100 |
| federal statutes, regulations, or policies governing the medicare | 62101 |
| program, not covered by the medicare program and the service is, | 62102 |
| under the provisions of this chapter or the rules adopted under | 62103 |
|
this chapter, covered by the | 62104 |
| (2) All of the following apply: | 62105 |
| (a) The individual or entity who provided the covered therapy | 62106 |
| service was eligible to bill the medicare program for the service. | 62107 |
| (b) A complete, accurate, and timely claim was submitted to | 62108 |
| the medicare program and the program denied payment for the | 62109 |
| service as not medically necessary for the resident. For the | 62110 |
| purposes of division (E)(2)(b) of this section, a claim is not | 62111 |
| considered to have been denied by the medicare program until | 62112 |
| either a denial has been issued following a medicare fair hearing | 62113 |
| or six months have elapsed since the request for a fair hearing | 62114 |
| was filed. | 62115 |
| (c) The facility is required to provide or arrange for the | 62116 |
| provision of the service by a licensed therapist or therapy | 62117 |
| assistant to be in compliance with federal or state nursing | 62118 |
|
facility certification requirements for the | 62119 |
| medicaid program. | 62120 |
| (d) The claim for payment for the services under the
| 62121 |
| 62122 | |
| divisions (E)(2)(b) and (c) of this section apply to the service. | 62123 |
| (F) The reimbursement allowed by the department for covered | 62124 |
| therapy services provided to nursing facility residents and billed | 62125 |
| under division (D) or (E) of this section shall be fifteen per | 62126 |
| cent less than the fees it pays for the same services rendered to | 62127 |
| hospital outpatients. The director may
adopt rules
| 62128 |
| 62129 | |
| establishing comparable fees for covered therapy services that are | 62130 |
| not included in its schedule of fees paid for services rendered to | 62131 |
| hospital outpatients. | 62132 |
| (G) A nursing facility's reasonable costs for rehabilitative, | 62133 |
| restorative, or maintenance therapy services rendered to facility | 62134 |
| residents by nurses or nurse aides, and the facility's overhead | 62135 |
| costs to support provision of therapy services provided to nursing | 62136 |
| facility residents, are allowable costs for the purposes of | 62137 |
| establishing rates under sections
| 62138 |
| 62139 | |
| 5111.20 to 5111.33 of the Revised Code. | 62140 |
| Sec. 5111.264. Except as provided in section 5111.25 or | 62141 |
| 62142 | |
| services, and facilities, furnished to a provider by a related | 62143 |
| party are includable in the allowable costs of the provider at the | 62144 |
| reasonable cost to the related party. | 62145 |
| Sec. 5111.265. If one or more medicaid-certified beds are | 62146 |
| relocated from one nursing facility to another nursing facility | 62147 |
| owned by a different person or government entity and the | 62148 |
| application for the certificate of need authorizing the relocation | 62149 |
| is filed with the director of health on or after the effective | 62150 |
| date of this section, amortization of the cost of acquiring | 62151 |
| operating rights for the relocated beds is not an allowable cost | 62152 |
| for the purpose of determining the nursing facility's medicaid | 62153 |
| reimbursement rate. | 62154 |
| Sec. 5111.266. A provider of a nursing facility filing the | 62155 |
| facility's cost report with the department of job and family | 62156 |
| services under section 5111.26 of the Revised Code shall report as | 62157 |
| a nonreimbursable expense the cost of the nursing facility's | 62158 |
| franchise permit fee. | 62159 |
| Sec. 5111.27. (A) The department of job and family services | 62160 |
| shall conduct a desk review of each cost report it receives under | 62161 |
| section 5111.26 of the Revised Code. Based on the desk review, the | 62162 |
| department shall make a preliminary determination of whether the | 62163 |
| reported costs are allowable costs. The department shall notify | 62164 |
| each | 62165 |
| 62166 | |
| costs are preliminarily determined not to be allowable, the rate | 62167 |
|
calculation under sections | 62168 |
| the Revised Code that results from that determination, and the | 62169 |
| reasons for the determination and resulting rate. The department | 62170 |
| shall allow
the | 62171 |
| submit additional information. | 62172 |
| (B) The department may conduct an audit, as defined by rule | 62173 |
| adopted | 62174 |
| 62175 | |
| any cost report and shall notify the | 62176 |
| 62177 | |
| its findings. | 62178 |
| Audits shall be conducted by auditors under contract with or | 62179 |
| employed by the department. The decision whether to conduct an | 62180 |
| audit and the scope of the audit, which may be a desk or field | 62181 |
| audit, shall be determined based on prior performance of the | 62182 |
| provider and may be based on a risk analysis or other evidence | 62183 |
| that gives the department reason to believe that the provider has | 62184 |
| reported costs improperly. A desk or field audit may be performed | 62185 |
| annually, but is required whenever a provider does not pass the | 62186 |
| risk analysis tolerance factors. The department shall issue the | 62187 |
| audit report no later than three years after the cost report is | 62188 |
| filed, or upon the completion of a desk or field audit on the | 62189 |
| report or a report for a subsequent cost reporting period, | 62190 |
| whichever is earlier. During the time within which the department | 62191 |
| may issue an audit report, the provider may amend the cost report | 62192 |
| upon discovery of a material error or material additional | 62193 |
| information. The department shall review the amended cost report | 62194 |
| for accuracy and notify the provider of its determination. | 62195 |
| The department may establish a contract for the auditing of | 62196 |
| facilities by outside firms. Each contract entered into by bidding | 62197 |
| shall be effective for one to two years. The department shall | 62198 |
| establish an audit manual and program which shall require that all | 62199 |
| field audits, conducted either pursuant to a contract or by | 62200 |
| department employees: | 62201 |
| (1) Comply with the applicable rules prescribed pursuant to | 62202 |
| Titles XVIII and XIX | 62203 |
| 62204 |
| (2) Consider generally accepted auditing standards prescribed | 62205 |
| by the American institute of certified public accountants; | 62206 |
| (3) Include a written summary as to whether the costs | 62207 |
| included in the report examined during the audit are allowable and | 62208 |
| are presented fairly in accordance with generally accepted | 62209 |
| accounting principles and department rules, and whether, in all | 62210 |
| material respects, allowable costs are documented, reasonable, and | 62211 |
| related to patient care; | 62212 |
| (4) Are conducted by accounting firms or auditors who, during | 62213 |
| the period of the auditors' professional engagement or employment | 62214 |
| and during the period covered by the cost reports, do not have nor | 62215 |
| are committed to acquire any direct or indirect financial interest | 62216 |
| in the ownership, financing, or operation of a nursing facility or | 62217 |
| intermediate care facility for the mentally retarded in this | 62218 |
| state; | 62219 |
| (5) Are conducted by accounting firms or auditors who, as a | 62220 |
| condition of the contract or employment, shall not audit any | 62221 |
| facility that has been a client of the firm or auditor; | 62222 |
| (6) Are conducted by auditors who are otherwise independent | 62223 |
| as determined by the standards of independence established by the | 62224 |
| American institute of certified public accountants; | 62225 |
| (7) Are completed within the time period specified by the | 62226 |
| department; | 62227 |
| (8) Provide to the | 62228 |
| 62229 | |
| interpretations that explain in detail the application of all | 62230 |
| relevant contract provisions, regulations, auditing standards, | 62231 |
| rate formulae, and departmental policies, with explanations and | 62232 |
|
examples, that are sufficient to permit the | 62233 |
| calculate with reasonable certainty those costs that are allowable | 62234 |
| and the rate to which the provider's facility is entitled. | 62235 |
| For the purposes of division (B)(4) of this section, | 62236 |
| employment of a member of an auditor's family by a nursing | 62237 |
| facility or intermediate care facility for the mentally retarded | 62238 |
| that the auditor does not review does not constitute a direct or | 62239 |
| indirect financial interest in the ownership, financing, or | 62240 |
| operation of the facility. | 62241 |
| (C) The department, pursuant to rules adopted | 62242 |
| 62243 | |
| conduct an
exception review of assessment | 62244 |
| submitted under
section | 62245 |
| department may conduct an exception review based on the findings | 62246 |
| of a certification survey conducted by the department of health, a | 62247 |
| risk analysis, or prior performance of the provider. | 62248 |
| Exception reviews shall be conducted at the facility by | 62249 |
| appropriate health professionals under contract with or employed | 62250 |
| by the department of job and family services. The professionals | 62251 |
| may review resident assessment forms and supporting documentation, | 62252 |
| conduct interviews, and observe residents to identify any patterns | 62253 |
| or trends of inaccurate assessments and resulting inaccurate | 62254 |
| case-mix scores. | 62255 |
| The rules shall establish an exception review program that | 62256 |
| requires that exception reviews do all of the following: | 62257 |
| (1) Comply with Titles XVIII and XIX | 62258 |
| 62259 |
| (2) Provide a written summary that states whether the | 62260 |
| resident assessment forms have been completed accurately; | 62261 |
| (3) Are conducted by health professionals who, during the | 62262 |
| period of their professional engagement or employment with the | 62263 |
| department, neither have nor are committed to acquire any direct | 62264 |
| or indirect financial interest in the ownership, financing, or | 62265 |
| operation of a nursing facility or intermediate care facility for | 62266 |
| the mentally retarded in this state; | 62267 |
| (4) Are conducted by health professionals who, as a condition | 62268 |
| of their engagement or employment with the department, shall not | 62269 |
|
review any
| 62270 |
| professional. | 62271 |
| For the purposes of division (C)(3) of this section, | 62272 |
| employment of a member of a health professional's family by a | 62273 |
| nursing facility or intermediate care facility for the mentally | 62274 |
| retarded that the professional does not review does not constitute | 62275 |
| a direct or indirect financial interest in the ownership, | 62276 |
| financing, or operation of the facility. | 62277 |
| If an exception review is conducted before the effective date | 62278 |
| of the rate that is based on the case-mix | 62279 |
| to the review and the review results in findings that exceed | 62280 |
| tolerance levels specified in the rules adopted under this | 62281 |
| division, the department, in accordance with those rules, may use | 62282 |
| the findings to recalculate individual resident case-mix scores, | 62283 |
| quarterly average facility case-mix scores, and annual average | 62284 |
| facility case-mix scores. The department may use the recalculated | 62285 |
| quarterly and annual facility average case-mix scores to calculate | 62286 |
| the facility's rate for direct care costs for the appropriate | 62287 |
| calendar quarter or quarters. | 62288 |
| (D) The department shall prepare a written summary of any | 62289 |
| audit disallowance or exception review finding that is made after | 62290 |
| the effective date of the rate that is based on the cost or | 62291 |
|
case-mix | 62292 |
| judicial or administrative remedies in good faith regarding the | 62293 |
| disallowance or finding, the department shall not withhold from | 62294 |
| the | 62295 |
| department claims to be due from
the | 62296 |
| section 5111.28 of the Revised Code. | 62297 |
| (E) The department shall not reduce rates calculated under | 62298 |
|
sections | 62299 |
| the basis that
the | 62300 |
| resident who is not
eligible for the | 62301 |
| program. | 62302 |
| (F) The department shall adjust the rates calculated under | 62303 |
|
sections | 62304 |
| account for reasonable additional costs that must be incurred by | 62305 |
| nursing facilities and intermediate care facilities for the | 62306 |
| mentally retarded to comply with requirements of federal or state | 62307 |
| statutes, rules, or policies enacted or amended after January 1, | 62308 |
| 1992, or with orders issued by state or local fire authorities. | 62309 |
| Sec. 5111.28. (A) If a provider properly amends its cost | 62310 |
| report under section 5111.27 of the Revised Code and the amended | 62311 |
| report shows that the provider received a lower rate under the | 62312 |
| original cost report than it was entitled to receive, the | 62313 |
| department of job and family services shall adjust the provider's | 62314 |
| rate prospectively to reflect the corrected information. The | 62315 |
| department shall pay the adjusted rate beginning two months after | 62316 |
| the first day of the month after the provider files the amended | 62317 |
| cost report. If the department finds, from an exception review of | 62318 |
| resident assessment information conducted after the effective date | 62319 |
| of the rate for direct care costs that is based on the assessment | 62320 |
| information, that inaccurate assessment information resulted in | 62321 |
| the provider receiving a lower rate than it was entitled to | 62322 |
| receive, the department prospectively shall adjust the provider's | 62323 |
| rate accordingly and shall make payments using the adjusted rate | 62324 |
| for the remainder of the calendar quarter for which the assessment | 62325 |
| information is used to determine the rate, beginning one month | 62326 |
| after the first day of the month after the exception review is | 62327 |
| completed. | 62328 |
| (B) If the provider properly amends its cost report under | 62329 |
| section 5111.27 of the Revised Code, the department makes a | 62330 |
| finding based on an audit under that section, or the department | 62331 |
| makes a finding based on an exception review of resident | 62332 |
| assessment information conducted under that section after the | 62333 |
| effective date of the rate for direct care costs that is based on | 62334 |
| the assessment information, any of which results in a | 62335 |
| determination that the provider has received a higher rate than it | 62336 |
| was entitled to receive, the department shall recalculate the | 62337 |
| provider's rate using the revised information. The department | 62338 |
| shall apply the recalculated rate to the periods when the provider | 62339 |
| received the incorrect rate to determine the amount of the | 62340 |
| overpayment. The provider shall refund the amount of the | 62341 |
| overpayment. | 62342 |
| In addition to requiring a refund under this division, the | 62343 |
| department may charge the provider interest at the applicable rate | 62344 |
| specified in this division from the time the overpayment was made. | 62345 |
| (1) If the overpayment resulted from costs reported for | 62346 |
| calendar year 1993, the interest shall be no greater than one and | 62347 |
| one-half times the average bank prime rate. | 62348 |
| (2) If the overpayment resulted from costs reported for | 62349 |
| subsequent calendar years: | 62350 |
| (a) The interest shall be no greater than two times the | 62351 |
| average bank prime rate if the overpayment was equal to or less | 62352 |
| than one per cent of the total medicaid payments to the provider | 62353 |
| for the fiscal year for which the incorrect information was used | 62354 |
| to establish a rate. | 62355 |
| (b) The interest shall be no greater than two and one-half | 62356 |
| times the current average bank prime rate if the overpayment was | 62357 |
| greater than one per cent of the total medicaid payments to the | 62358 |
| provider for the fiscal year for which the incorrect information | 62359 |
| was used to establish a rate. | 62360 |
| (C) The department also may impose the following penalties: | 62361 |
| (1) If a provider does not furnish invoices or other | 62362 |
| documentation that the department requests during an audit within | 62363 |
| sixty days after the request, no more than the greater of one | 62364 |
| thousand dollars per audit or twenty-five per cent of the | 62365 |
| cumulative amount by which the costs for which documentation was | 62366 |
| not furnished increased the total medicaid payments to the | 62367 |
| provider during the fiscal year for which the costs were used to | 62368 |
| establish a rate; | 62369 |
| (2) If an exiting operator or owner fails to provide notice | 62370 |
| of
| 62371 |
| voluntary withdrawal of participation in the
| 62372 |
| medicaid program | 62373 |
| 5111.66 of the Revised Code, or an exiting operator or owner and | 62374 |
| entering operator fail to provide notice of a change of operator | 62375 |
| as required by section 5111.67 of the Revised Code, no more than | 62376 |
| the current average bank prime rate plus four per cent of the last | 62377 |
| two monthly payments. | 62378 |
| (D) If the provider continues to participate in the | 62379 |
| 62380 | |
| amount that the provider is required to refund under this section, | 62381 |
| and the amount of any interest charged or penalty imposed under | 62382 |
| this section, from the next available payment from the department | 62383 |
| to the provider. The department and the provider may enter into an | 62384 |
| agreement under which the amount, together with interest, is | 62385 |
| deducted in installments from payments from the department to the | 62386 |
| provider. | 62387 |
| (E) The department shall transmit refunds and penalties to | 62388 |
| the treasurer of state for deposit in the general revenue fund. | 62389 |
| (F) For the purpose of this section, the department shall | 62390 |
| determine the average bank prime rate using statistical release | 62391 |
| H.15, "selected interest rates," a weekly publication of the | 62392 |
| federal reserve board, or any successor publication. If | 62393 |
| statistical release H.15, or its successor, ceases to contain the | 62394 |
| bank prime rate information or ceases to be published, the | 62395 |
| department shall request a written statement of the average bank | 62396 |
| prime rate from the federal reserve bank of Cleveland or the | 62397 |
| federal reserve board. | 62398 |
| Sec. 5111.29. (A) The director of job and family services | 62399 |
|
shall
adopt rules | 62400 |
| 5111.02 of the Revised Code that establish a process under which a | 62401 |
| 62402 | |
| 62403 | |
| providers, may seek reconsideration of rates established under | 62404 |
| sections | 62405 |
| including a rate for direct care costs recalculated before the | 62406 |
| effective date of the rate as a result of an exception review of | 62407 |
| resident assessment information conducted under section 5111.27 of | 62408 |
| the Revised Code. | 62409 |
| (1) Except as provided in divisions (A)(2) to (4) of this | 62410 |
|
section, the only issue that a | 62411 |
| association may raise in the rate reconsideration shall be whether | 62412 |
| the rate
was
calculated in accordance with sections | 62413 |
| 5111.20 to | 62414 |
| adopted under | 62415 |
| The
rules shall permit a | 62416 |
| to submit written arguments or other materials that support its | 62417 |
| position. The rules shall specify time frames within which the | 62418 |
| 62419 | |
| act. If the department determines, as a result of the rate | 62420 |
| reconsideration, that the rate established for one or more | 62421 |
| facilities of a provider is less than
the rate to which | 62422 |
| facility is entitled, the department shall increase the rate. If | 62423 |
| the department has paid the incorrect rate for a period of time, | 62424 |
| the department shall pay the | 62425 |
| between the amount | 62426 |
| the facility and the
amount | 62427 |
| for the facility. | 62428 |
| (2) The rules shall provide that during a fiscal year, the | 62429 |
| department, by means of the rate reconsideration process, may | 62430 |
|
increase | 62431 |
| facility for the mentally retarded as calculated under sections | 62432 |
| 62433 | |
| provider of the facility demonstrates that
| 62434 |
| actual, allowable costs have increased because of extreme | 62435 |
| circumstances. A facility may qualify for a rate increase only if | 62436 |
| 62437 | |
| increased to a
level
that exceeds its total rate | 62438 |
| 62439 | |
| specify the circumstances that would justify a rate increase under | 62440 |
|
division
(A)(2) of this section.
| 62441 |
| 62442 | |
| circumstances include
| 62443 |
| 62444 | |
| 62445 | |
| 62446 | |
| 62447 | |
| 62448 | |
| 62449 | |
| 62450 | |
| 62451 | |
| 62452 | |
| (D) of section 5111.251 of the Revised Code, an increase in | 62453 |
| workers' compensation experience rating of greater than five per | 62454 |
| cent for a facility that has an appropriate claims management | 62455 |
| program, increased security costs for an inner-city facility, and | 62456 |
| a change of ownership that results from bankruptcy, foreclosure, | 62457 |
| or findings of violations of certification requirements by the | 62458 |
| department of health. An increase under division (A)(2) of this | 62459 |
| section is subject to any rate limitations or maximum rates | 62460 |
|
established by
sections | 62461 |
| Revised Code for specific cost centers. Any rate increase granted | 62462 |
| under division (A)(2) of this section shall take effect on the | 62463 |
| first day of the first month after the department receives the | 62464 |
| request. | 62465 |
| (3) The rules shall provide that the department, through the | 62466 |
|
rate reconsideration process, may increase | 62467 |
| intermediate care facility for the mentally retarded's rate as | 62468 |
|
calculated under sections | 62469 |
| the Revised
Code
if the department, in | 62470 |
| discretion, determines that the rate as calculated under those | 62471 |
| sections works an extreme hardship on the facility. | 62472 |
| (4) The rules shall provide that when beds certified for the | 62473 |
| 62474 | |
| intermediate care facility | 62475 |
| at the same site, | 62476 |
| the department, through the rate reconsideration process, shall | 62477 |
| increase the | 62478 |
| mentally retarded's rate for capital costs proportionately, as | 62479 |
| limited by any applicable limitation under
section | 62480 |
| 5111.251 of the Revised Code, to account for the costs of the beds | 62481 |
| that are added | 62482 |
| 62483 | |
| the first day of the month after the department receives | 62484 |
| sufficient documentation of the costs. Any rate increase granted | 62485 |
| under division (A)(4) of this section after June 30, 1993, shall | 62486 |
| remain in effect until the effective date of a rate calculated | 62487 |
| under section
| 62488 |
| includes costs incurred for a full calendar year for the bed | 62489 |
| addition | 62490 |
| facility shall report double accumulated depreciation in an amount | 62491 |
| equal to the depreciation included in the rate adjustment on its | 62492 |
| cost report for the first year of operation. During the term of | 62493 |
| any loan used to finance a project for which a rate adjustment is | 62494 |
| granted under division (A)(4) of this section, if the facility is | 62495 |
| operated by the same provider,
the | 62496 |
| subtract from the interest costs it reports on its cost report an | 62497 |
| amount equal to the difference between the following: | 62498 |
| (a) The actual, allowable interest costs for the loan during | 62499 |
| the calendar year for which the costs are being reported; | 62500 |
| (b) The actual, allowable interest costs attributable to the | 62501 |
| loan that were used to calculate the rates paid to the provider | 62502 |
| for the facility during the same calendar year. | 62503 |
| (5) The department's decision at the conclusion of the | 62504 |
| reconsideration process shall not be subject to any administrative | 62505 |
| proceedings under Chapter 119. or any other provision of the | 62506 |
| Revised Code. | 62507 |
| (B) | 62508 |
| conducted in accordance with Chapter 119. of the Revised Code: | 62509 |
| (1) Any audit disallowance that the department makes as the | 62510 |
|
result of an audit under section 5111.27 of the Revised Code | 62511 |
| (2) Any adverse finding that results from an exception review | 62512 |
| of
resident
assessment information conducted under | 62513 |
| 5111.27 of the Revised Code after the effective date of the | 62514 |
| facility's rate that is based on
the
assessment information | 62515 |
| 62516 |
| (3) Any medicaid payment deemed an overpayment under section | 62517 |
| 5111.683 of the Revised Code; | 62518 |
| (4) Any penalty the department imposes under division (C) of | 62519 |
| section 5111.28 of the Revised Code
| 62520 |
| 62521 | |
| 5111.683 of the Revised Code. | 62522 |
| Sec. 5111.291. Notwithstanding sections 5111.20 to | 62523 |
| 5111.33 of the Revised Code, the department of job and family | 62524 |
| services may compute the rate for intermediate care facilities for | 62525 |
| the mentally retarded operated by the department of mental | 62526 |
| retardation and developmental disabilities or the department of | 62527 |
| mental health according to the reasonable cost principles of Title | 62528 |
| XVIII | 62529 |
| 62530 |
| Sec. 5111.30. The department of job and family services | 62531 |
| shall terminate
the provider
agreement with a | 62532 |
| 62533 | |
| does not comply with the requirements of section 3721.071 of the | 62534 |
| Revised Code for the installation of fire extinguishing and fire | 62535 |
| alarm systems. | 62536 |
| Sec. 5111.31. (A) Every provider agreement with the provider | 62537 |
| of a nursing facility or intermediate care facility for the | 62538 |
| mentally retarded shall: | 62539 |
| (1) Prohibit the | 62540 |
| to retain as a patient any person because the person is, becomes, | 62541 |
| or may, as a patient in the facility, become a medicaid recipient | 62542 |
| 62543 | |
| purposes of this
division, a medicaid recipient | 62544 |
| 62545 | |
| patient in the facility during any hospital stays totaling less | 62546 |
| than twenty-five days during any twelve-month period. Recipients | 62547 |
| who have been identified by the department of job and family | 62548 |
| services or its designee as requiring the level of care of an | 62549 |
| intermediate care facility for the mentally retarded shall not be | 62550 |
| subject to a maximum period of absences during which they are | 62551 |
| considered patients if prior authorization of the department for | 62552 |
| visits with relatives and friends and participation in therapeutic | 62553 |
| programs is obtained under rules adopted under section 5111.02 of | 62554 |
| the Revised Code. | 62555 |
| (2) | 62556 |
| section, include any part of the facility that meets standards for | 62557 |
| certification of compliance with federal and state laws and rules | 62558 |
| for participation in the | 62559 |
| 62560 | |
| 62561 | |
| 62562 | |
| 62563 | |
| 62564 | |
| 62565 | |
| 62566 | |
| 62567 |
| (3) Prohibit the | 62568 |
| against any patient on the basis of race, color, sex, creed, or | 62569 |
| national origin. | 62570 |
| (4) Except as otherwise prohibited under section 5111.55 of | 62571 |
| the Revised Code, prohibit the | 62572 |
| refusing to accept a patient because the patient is, becomes, or | 62573 |
| may, as a patient in the facility, become a medicaid recipient | 62574 |
| 62575 | |
| eighty per cent of the patients in the facility are medicaid | 62576 |
| recipients | 62577 |
| (B)(1) Except as provided by division (B)(2) of this section, | 62578 |
| the following are not required to be included in a provider | 62579 |
| agreement unless otherwise required by federal law: | 62580 |
| (a) Beds added during the period beginning July 1, 1987, and | 62581 |
| ending July 1, 1993, to a nursing home licensed under Chapter | 62582 |
| 3721. of the Revised Code; | 62583 |
| (b) Beds in an intermediate care facility for the mentally | 62584 |
| retarded that are designated for respite care under a medicaid | 62585 |
| waiver component operated pursuant to a waiver sought under | 62586 |
| section 5111.87 of the Revised Code. | 62587 |
| (2) If a provider chooses to include a bed specified in | 62588 |
| division (B)(1) of this section in a provider agreement, the bed | 62589 |
| may not be removed from the provider agreement unless the provider | 62590 |
| withdraws the facility in which the bed is located from the | 62591 |
| medicaid program. | 62592 |
| (C) Nothing in this section shall bar | 62593 |
| a religious organization operating a religious or denominational | 62594 |
| nursing facility or intermediate care facility for the mentally | 62595 |
| retarded | 62596 |
| 62597 | |
| same religion or denomination. Nothing in this section shall bar | 62598 |
| any | 62599 |
| 62600 |
| | 62601 |
| a county home organized under Chapter 5155. of the Revised Code | 62602 |
| from admitting residents exclusively from the county in which the | 62603 |
| county home is located. | 62604 |
| | 62605 |
| facility for
the mentally retarded | 62606 |
| agreement is in effect shall violate the provider contract | 62607 |
| obligations imposed under this section. | 62608 |
| | 62609 |
| shall
bar | 62610 |
| 62611 | |
| resided in the provider's facility for not less than one year as | 62612 |
| private pay patients and who subsequently become medicaid | 62613 |
| recipients | 62614 |
| to accept as a patient any person who is or may, as a patient in | 62615 |
| the facility, become a medicaid recipient
| 62616 |
| 62617 |
| (1) The | 62618 |
| patient who has resided in the provider's facility for not less | 62619 |
| than one year as a private pay patient because the patient becomes | 62620 |
| a medicaid recipient
| 62621 |
| except as necessary to comply with
division | 62622 |
| section; | 62623 |
| (2) The number of medicaid recipients retained under this | 62624 |
| division does not at any time exceed ten per cent of all the | 62625 |
| patients in the facility; | 62626 |
| (3) On July 1, 1980, all the patients in the facility were | 62627 |
| private pay patients. | 62628 |
| Sec. 5111.32. Any patient has a cause of action against the | 62629 |
| provider of a nursing facility or intermediate care facility for | 62630 |
| the mentally retarded for breach of the provider agreement | 62631 |
| obligations or other duties imposed by section 5111.31 of the | 62632 |
| Revised Code. The action may be commenced by the patient, or on | 62633 |
| 62634 | |
| residents' rights advocate, as either is defined under section | 62635 |
| 3721.10 of the Revised Code, by the filing of a civil action in | 62636 |
| the court of common pleas of the county in which the facility is | 62637 |
| located, or in the court of common pleas of Franklin county. | 62638 |
| If the court finds that a breach of the provider agreement | 62639 |
| obligations imposed by section 5111.31 of the Revised Code has | 62640 |
| occurred, the court
may enjoin the
| 62641 |
| in the practice, order such affirmative relief as may be | 62642 |
| necessary, and award to the patient and a person or public agency | 62643 |
| that brings an action on behalf of a patient actual damages, | 62644 |
| costs, and reasonable attorney's fees. | 62645 |
| Sec. 5111.33. Reimbursement to | 62646 |
| 62647 | |
| under sections 5111.20 to 5111.32 of the Revised Code shall | 62648 |
| include
payments to | 62649 |
| the percentage of the per resident per day rates that the | 62650 |
| department of job and family services has established for the | 62651 |
| provider's nursing facility or intermediate care facility for the | 62652 |
| mentally retarded under sections | 62653 |
| 5111.33 of the Revised Code for the fiscal year for which the cost | 62654 |
| of services is reimbursed, to reserve a bed for a recipient during | 62655 |
| a temporary absence under conditions prescribed by the department, | 62656 |
| to include hospitalization for an acute condition, visits with | 62657 |
| relatives and friends, and participation in therapeutic programs | 62658 |
| outside the facility, when the resident's plan of care provides | 62659 |
| for such absence and federal participation in the payments is | 62660 |
| available. The maximum period during which payments may be made to | 62661 |
| reserve a bed shall not exceed the maximum period specified under | 62662 |
| federal regulations, and shall not be more than thirty days during | 62663 |
| any calendar year for hospital stays, visits with relatives and | 62664 |
| friends, and participation in therapeutic programs. Recipients who | 62665 |
| have been identified by the department as requiring the level of | 62666 |
| care of an intermediate care facility for the mentally retarded | 62667 |
| shall not be subject to a maximum period during which payments may | 62668 |
| be made to reserve a bed if prior authorization of the department | 62669 |
| is obtained for hospital stays, visits with relatives and friends, | 62670 |
| and participation in therapeutic programs. The director of job and | 62671 |
| family
services shall adopt rules under
| 62672 |
| 5111.02 of the Revised Code establishing conditions under which | 62673 |
| prior authorization may be obtained. | 62674 |
| Sec. 5111.34. The director of job and family services shall | 62675 |
| prepare an annual report containing recommendations on the | 62676 |
| methodology that should be used to transition paying providers of | 62677 |
| nursing facilities the rate determined for nursing facilities for | 62678 |
| one fiscal year to the immediately succeeding fiscal year. The | 62679 |
| director shall submit a copy of the annual report to the governor, | 62680 |
| the president and minority leader of the senate, and the speaker | 62681 |
| and minority leader of the house of representatives not later than | 62682 |
| the first day of each October. | 62683 |
| Sec. 5111.62. The proceeds of all fines, including interest, | 62684 |
| collected under sections 5111.35 to 5111.62 of the Revised Code | 62685 |
| shall be deposited in the state treasury to the credit of the | 62686 |
| residents protection fund, which is hereby created.
| 62687 |
| proceeds of all fines, including interest, collected under section | 62688 |
| 173.42 of the Revised Code shall be deposited in the state | 62689 |
| treasury to the credit of the residents protection fund. | 62690 |
| Moneys in the fund shall be used for the protection of the | 62691 |
| health or property of residents of nursing facilities in which the | 62692 |
| department of health finds deficiencies, including payment for the | 62693 |
| costs of relocation of residents to other facilities, maintenance | 62694 |
| of operation of a facility pending correction of deficiencies or | 62695 |
| closure, and reimbursement of residents for the loss of money | 62696 |
| managed by the facility under section 3721.15 of the Revised Code. | 62697 |
| 62698 |
| The fund shall be maintained and administered by the | 62699 |
| department of job and family services under rules developed in | 62700 |
| consultation with the departments of health and aging and adopted | 62701 |
| by the director of job and family services under Chapter 119. of | 62702 |
| the Revised Code. | 62703 |
| Sec. 5111.65. As used in sections 5111.65 to 5111.688 of the | 62704 |
| Revised Code: | 62705 |
| (A) "Change of operator" means an entering operator becoming | 62706 |
| the operator of a nursing facility or intermediate care facility | 62707 |
| for the mentally retarded in the place of the exiting operator. | 62708 |
| (1) Actions that constitute a change of operator include the | 62709 |
| following: | 62710 |
| (a) A change in an exiting operator's form of legal | 62711 |
| organization, including the formation of a partnership or | 62712 |
| corporation from a sole proprietorship; | 62713 |
| (b) A transfer of all the exiting operator's ownership | 62714 |
| interest in the operation of the facility to the entering | 62715 |
| operator, regardless of whether ownership of any or all of the | 62716 |
| real property or personal property associated with the facility is | 62717 |
| also transferred; | 62718 |
| (c) A lease of the facility to the entering operator or the | 62719 |
| exiting operator's termination of the exiting operator's lease; | 62720 |
| (d) If the exiting operator is a partnership, dissolution of | 62721 |
| the partnership; | 62722 |
| (e) If the exiting operator is a partnership, a change in | 62723 |
| composition of the partnership unless both of the following apply: | 62724 |
| (i) The change in composition does not cause the | 62725 |
| partnership's dissolution under state law. | 62726 |
| (ii) The partners agree that the change in composition does | 62727 |
| not constitute a change in operator. | 62728 |
| (f) If the operator is a corporation, dissolution of the | 62729 |
| corporation, a merger of the corporation into another corporation | 62730 |
| that is the survivor of the merger, or a consolidation of one or | 62731 |
| more other corporations to form a new corporation. | 62732 |
| (2) The following, alone, do not constitute a change of | 62733 |
| operator: | 62734 |
| (a) A contract for an entity to manage a nursing facility or | 62735 |
| intermediate care facility for the mentally retarded as the | 62736 |
| operator's agent, subject to the operator's approval of daily | 62737 |
| operating and management decisions; | 62738 |
| (b) A change of ownership, lease, or termination of a lease | 62739 |
| of real property or personal property associated with a nursing | 62740 |
| facility or intermediate care facility for the mentally retarded | 62741 |
| if an entering operator does not become the operator in place of | 62742 |
| an exiting operator; | 62743 |
| (c) If the operator is a corporation, a change of one or more | 62744 |
| members of the corporation's governing body or transfer of | 62745 |
| ownership of one or more shares of the corporation's stock, if the | 62746 |
| same corporation continues to be the operator. | 62747 |
| (B) "Effective date of a change of operator" means the day | 62748 |
| the entering operator becomes the operator of the nursing facility | 62749 |
| or intermediate care facility for the mentally retarded. | 62750 |
| (C) "Effective date of a facility closure" means the last day | 62751 |
| that the last of the residents of the nursing facility or | 62752 |
| intermediate care facility for the mentally retarded resides in | 62753 |
| the facility. | 62754 |
| (D) "Effective date of a voluntary termination" means the day | 62755 |
| the intermediate care facility for the mentally retarded ceases to | 62756 |
| accept medicaid patients. | 62757 |
| (E) "Effective date of a voluntary withdrawal of | 62758 |
| participation" means the day the nursing facility ceases to accept | 62759 |
| new medicaid patients other than the individuals who reside in the | 62760 |
| nursing facility on the day before the effective date of the | 62761 |
| voluntary withdrawal of participation. | 62762 |
| (F) "Entering operator" means the person or government entity | 62763 |
| that will become the operator of a nursing facility or | 62764 |
| intermediate care facility for the mentally retarded when a change | 62765 |
| of operator occurs. | 62766 |
| (G) "Exiting operator" means any of the following: | 62767 |
| (1) An operator that will cease to be the operator of a | 62768 |
| nursing facility or intermediate care facility for the mentally | 62769 |
| retarded on the effective date of a change of operator; | 62770 |
| (2) An operator that will cease to be the operator of a | 62771 |
| nursing facility or intermediate care facility for the mentally | 62772 |
| retarded on the effective date of a facility closure; | 62773 |
| (3) An operator of an intermediate care facility for the | 62774 |
| mentally retarded that is undergoing or has undergone a voluntary | 62775 |
| termination; | 62776 |
| (4) An operator of a nursing facility that is undergoing or | 62777 |
| has undergone a voluntary withdrawal of participation. | 62778 |
| (H)(1) "Facility closure" means discontinuance of the use of | 62779 |
| the building, or part of the building, that houses the facility as | 62780 |
| a nursing facility or intermediate care facility for the mentally | 62781 |
| retarded that results in the relocation of all of the facility's | 62782 |
| residents. A facility closure occurs regardless of any of the | 62783 |
| following: | 62784 |
| (a) The operator completely or partially replacing the | 62785 |
| facility by constructing a new facility or transferring the | 62786 |
| facility's license to another facility; | 62787 |
| (b) The facility's residents relocating to another of the | 62788 |
| operator's facilities; | 62789 |
| (c) Any action the department of health takes regarding the | 62790 |
| facility's certification under Title XIX of the "Social Security | 62791 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, that may | 62792 |
| result in the transfer of part of the facility's survey findings | 62793 |
| to another of the operator's facilities; | 62794 |
| (d) Any action the department of health takes regarding the | 62795 |
| facility's license under Chapter 3721. of the Revised Code; | 62796 |
| (e) Any action the department of mental retardation and | 62797 |
| developmental disabilities takes regarding the facility's license | 62798 |
| under section 5123.19 of the Revised Code. | 62799 |
| (2) A facility closure does not occur if all of the | 62800 |
| facility's residents are relocated due to an emergency evacuation | 62801 |
| and one or more of the residents return to a medicaid-certified | 62802 |
| bed in the facility not later than thirty days after the | 62803 |
| evacuation occurs. | 62804 |
| (I) "Fiscal year," "intermediate care facility for the | 62805 |
| mentally retarded," "nursing facility," "operator," "owner," and | 62806 |
| "provider agreement" have the same meanings as in section 5111.20 | 62807 |
| of the Revised Code. | 62808 |
| (J) "Voluntary termination" means an operator's voluntary | 62809 |
| election to terminate the participation of an intermediate care | 62810 |
| facility for the mentally retarded in the medicaid program but to | 62811 |
| continue to provide service of the type provided by a residential | 62812 |
| facility as defined in section 5123.19 of the Revised Code. | 62813 |
| (K) "Voluntary withdrawal of participation" means an | 62814 |
| operator's voluntary election to terminate the participation of a | 62815 |
| nursing facility in the medicaid program but to continue to | 62816 |
| provide service of the type provided by a nursing facility. | 62817 |
| Sec. 5111.651. Sections 5111.65 to 5111.688 of the Revised | 62818 |
| Code do not apply to a nursing facility or intermediate care | 62819 |
| facility for the mentally retarded that undergoes a facility | 62820 |
| closure, voluntary termination, voluntary withdrawal of | 62821 |
| participation, or change of operator on or before September 30, | 62822 |
| 2005, if the exiting operator provided written notice of the | 62823 |
| facility closure, voluntary termination, voluntary withdrawal of | 62824 |
| participation, or change of operator to the department of job and | 62825 |
| family services on or before June 30, 2005. | 62826 |
| Sec. 5111.66. An exiting operator or owner of a nursing | 62827 |
| facility or intermediate care facility for the mentally retarded | 62828 |
| participating in the medicaid program shall provide the department | 62829 |
| of job and family services written notice of a facility closure, | 62830 |
| voluntary termination, or voluntary withdrawal of participation | 62831 |
| not less than ninety days before the effective date of the | 62832 |
| facility closure, voluntary termination, or voluntary withdrawal | 62833 |
| of participation. The written notice shall include all of the | 62834 |
| following: | 62835 |
| (A) The name of the exiting operator and, if any, the exiting | 62836 |
| operator's authorized agent; | 62837 |
| (B) The name of the nursing facility or intermediate care | 62838 |
| facility for the mentally retarded that is the subject of the | 62839 |
| written notice; | 62840 |
| (C) The exiting operator's medicaid provider agreement number | 62841 |
| for the facility that is the subject of the written notice; | 62842 |
| (D) The effective date of the facility closure, voluntary | 62843 |
| termination, or voluntary withdrawal of participation; | 62844 |
| (E) The signature of the exiting operator's or owner's | 62845 |
| representative. | 62846 |
| Sec. 5111.661. An operator shall comply with section | 62847 |
| 1919(c)(2)(F) of the "Social Security Act," 79 Stat. 286 (1965), | 62848 |
| 42 U.S.C. 1396r(c)(2)(F) if the operator's nursing facility | 62849 |
| undergoes a voluntary withdrawal of participation. | 62850 |
| Sec. 5111.67. (A) An exiting operator or owner and entering | 62851 |
| operator shall provide the department of job and family services | 62852 |
| written notice of a change of operator if the nursing facility or | 62853 |
| intermediate care facility for the mentally retarded participates | 62854 |
| in the medicaid program and the entering operator seeks to | 62855 |
| continue the facility's participation. The written notice shall be | 62856 |
| provided to the department not later than forty-five days before | 62857 |
| the effective date of the change of operator if the change of | 62858 |
| operator does not entail the relocation of residents. The written | 62859 |
| notice shall be provided to the department not later than ninety | 62860 |
| days before the effective date of the change of operator if the | 62861 |
| change of operator entails the relocation of residents. The | 62862 |
| written notice shall include all of the following: | 62863 |
| (1) The name of the exiting operator and, if any, the exiting | 62864 |
| operator's authorized agent; | 62865 |
| (2) The name of the nursing facility or intermediate care | 62866 |
| facility for the mentally retarded that is the subject of the | 62867 |
| change of operator; | 62868 |
| (3) The exiting operator's medicaid provider agreement number | 62869 |
| for the facility that is the subject of the change of operator; | 62870 |
| (4) The name of the entering operator; | 62871 |
| (5) The effective date of the change of operator; | 62872 |
| (6) The manner in which the entering operator becomes the | 62873 |
| facility's operator, including through sale, lease, merger, or | 62874 |
| other action; | 62875 |
| (7) If the manner in which the entering operator becomes the | 62876 |
| facility's operator involves more than one step, a description of | 62877 |
| each step; | 62878 |
| (8) Written authorization from the exiting operator or owner | 62879 |
| and entering operator for the department to process a provider | 62880 |
| agreement for the entering operator; | 62881 |
| (9) The signature of the exiting operator's or owner's | 62882 |
| representative. | 62883 |
| (B) The entering operator shall include a completed | 62884 |
| application for a provider agreement with the written notice to | 62885 |
| the department. The entering operator shall attach to the | 62886 |
| application the following: | 62887 |
| (1) If the written notice is provided to the department | 62888 |
| before the date the exiting operator or owner and entering | 62889 |
| operator complete the transaction for the change of operator, all | 62890 |
| the proposed leases, management agreements, merger agreements and | 62891 |
| supporting documents, and sales contracts and supporting documents | 62892 |
| relating to the facility's change of operator; | 62893 |
| (2) If the written notice is provided to the department on or | 62894 |
| after the date the exiting operator or owner and entering operator | 62895 |
| complete the transaction for the change of operator, copies of all | 62896 |
| the executed leases, management agreements, merger agreements and | 62897 |
| supporting documents, and sales contracts and supporting documents | 62898 |
| relating to the facility's change of operator. | 62899 |
| Sec. 5111.671. The department of job and family services may | 62900 |
| enter into a provider agreement with an entering operator that | 62901 |
| goes into effect at 12:01 a.m. on the effective date of the change | 62902 |
| of operator if all of the following requirements are met: | 62903 |
| (A) The department receives a properly completed written | 62904 |
| notice required by section 5111.67 of the Revised Code on or | 62905 |
| before the date required by that section. | 62906 |
| (B) The entering operator furnishes to the department copies | 62907 |
| of all the fully executed leases, management agreements, merger | 62908 |
| agreements and supporting documents, and sales contracts and | 62909 |
| supporting documents relating to the change of operator not later | 62910 |
| than ten days after the effective date of the change of operator. | 62911 |
| (C) The entering operator is eligible for medicaid payments | 62912 |
| as provided in section 5111.21 of the Revised Code. | 62913 |
| Sec. 5111.672. (A) The department of job and family services | 62914 |
| may enter into a provider agreement with an entering operator that | 62915 |
| goes into effect at 12:01 a.m. on the date determined under | 62916 |
| division (B) of this section if all of the following are the case: | 62917 |
| (1) The department receives a properly completed written | 62918 |
| notice required by section 5111.67 of the Revised Code. | 62919 |
| (2) The entering operator furnishes to the department copies | 62920 |
| of all the fully executed leases, management agreements, merger | 62921 |
| agreements and supporting documents, and sales contracts and | 62922 |
| supporting documents relating to the change of operator. | 62923 |
| (3) The requirement of division (A)(1) of this section is met | 62924 |
| after the time required by section 5111.67 of the Revised Code, | 62925 |
| the requirement of division (A)(2) of this section is met more | 62926 |
| than ten days after the effective date of the change of operator, | 62927 |
| or both. | 62928 |
| (4) The entering operator is eligible for medicaid payments | 62929 |
| as provided in section 5111.21 of the Revised Code. | 62930 |
| (B) The department shall determine the date a provider | 62931 |
| agreement entered into under this section is to go into effect as | 62932 |
| follows: | 62933 |
| (1) The effective date shall give the department sufficient | 62934 |
| time to process the change of operator, assure no duplicate | 62935 |
| payments are made, make the withholding required by section | 62936 |
| 5111.681 of the Revised Code, and withhold the final payment to | 62937 |
| the exiting operator until one hundred eighty days after either of | 62938 |
| the following: | 62939 |
| (a) The date that the exiting operator submits to the | 62940 |
| department a properly completed cost report under section 5111.682 | 62941 |
| of the Revised Code; | 62942 |
| (b) The date that the department waives the cost report | 62943 |
| requirement of section 5111.682 of the Revised Code. | 62944 |
| (2) The effective date shall be not earlier than the later of | 62945 |
| the effective date of the change of operator or the date that the | 62946 |
| exiting operator or owner and entering operator comply with | 62947 |
| section 5111.67 of the Revised Code. | 62948 |
| (3) The effective date shall be not later than the following | 62949 |
| after the later of the dates specified in division (B)(2) of this | 62950 |
| section: | 62951 |
| (a) Forty-five days if the change of operator does not entail | 62952 |
| the relocation of residents; | 62953 |
| (b) Ninety days if the change of operator entails the | 62954 |
| relocation of residents. | 62955 |
| Sec. 5111.673. A provider that enters into a provider | 62956 |
| agreement with the department of job and family services under | 62957 |
| section 5111.671 or 5111.672 of the Revised Code shall do all of | 62958 |
| the following: | 62959 |
| (A) Comply with all applicable federal statutes and | 62960 |
| regulations; | 62961 |
| (B) Comply with section 5111.22 of the Revised Code and all | 62962 |
| other applicable state statutes and rules; | 62963 |
| (C) Comply with all the terms and conditions of the exiting | 62964 |
| operator's provider agreement, including, but not limited to, all | 62965 |
| of the following: | 62966 |
| (1) Any plan of correction; | 62967 |
| (2) Compliance with health and safety standards; | 62968 |
| (3) Compliance with the ownership and financial interest | 62969 |
| disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3; | 62970 |
| (4) Compliance with the civil rights requirements of 45 | 62971 |
| C.F.R. parts 80, 84, and 90; | 62972 |
| (5) Compliance with additional requirements imposed by the | 62973 |
| department; | 62974 |
| (6) Any sanctions relating to remedies for violation of the | 62975 |
| provider agreement, including deficiencies, compliance periods, | 62976 |
| accountability periods, monetary penalties, notification for | 62977 |
| correction of contract violations, and history of deficiencies. | 62978 |
| Sec. 5111.674. In the case of a change of operator, the | 62979 |
| exiting operator shall be considered to be the operator of the | 62980 |
| nursing facility or intermediate care facility for the mentally | 62981 |
| retarded for purposes of the medicaid program, including medicaid | 62982 |
| payments, until the effective date of the entering operator's | 62983 |
| provider agreement if the provider agreement is entered into under | 62984 |
| section 5111.671 or 5111.672 of the Revised Code. | 62985 |
| Sec. 5111.675. The department of job and family services may | 62986 |
| enter into a provider agreement as provided in section 5111.22 of | 62987 |
| the Revised Code, rather than section 5111.671 or 5111.672 of the | 62988 |
| Revised Code, with an entering operator if the entering operator | 62989 |
| does not agree to a provider agreement that satisfies the | 62990 |
| requirements of division (C) of section 5111.673 of the Revised | 62991 |
| Code. The department may not enter into the provider agreement | 62992 |
| unless the department of health certifies the nursing facility or | 62993 |
| intermediate care facility for the mentally retarded under Title | 62994 |
| XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. | 62995 |
| 1396, as amended. The effective date of the provider agreement | 62996 |
| shall not precede any of the following: | 62997 |
| (A) The date that the department of health certifies the | 62998 |
| facility; | 62999 |
| (B) The effective date of the change of operator; | 63000 |
| (C) The date the requirement of section 5111.67 of the | 63001 |
| Revised Code is satisfied. | 63002 |
| Sec. 5111.676. The director of job and family services may | 63003 |
| adopt rules in accordance with Chapter 119. of the Revised Code | 63004 |
| governing adjustments to the medicaid reimbursement rate for a | 63005 |
| nursing facility or intermediate care facility for the mentally | 63006 |
| retarded that undergoes a change of operator. No rate adjustment | 63007 |
| resulting from a change of operator shall be effective before the | 63008 |
| effective date of the entering operator's provider agreement. This | 63009 |
| is the case regardless of whether the provider agreement is | 63010 |
| entered into under section 5111.671, section 5111.672, or, | 63011 |
| pursuant to section 5111.675, section 5111.22 of the Revised Code. | 63012 |
| Sec. 5111.677. Neither of the following shall affect the | 63013 |
| department of job and family services' determination of whether or | 63014 |
| when a change of operator occurs or the effective date of an | 63015 |
| entering operator's provider agreement under section 5111.671, | 63016 |
| section 5111.672, or, pursuant to section 5111.675, section | 63017 |
| 5111.22 of the Revised Code: | 63018 |
| (A) The department of health's determination that a change of | 63019 |
| operator has or has not occurred for purposes of licensure under | 63020 |
| Chapter 3721. of the Revised Code; | 63021 |
| (B) The department of mental retardation and developmental | 63022 |
| disabilities' determination that a change of operator has or has | 63023 |
| not occurred for purposes of licensure under section 5123.19 of | 63024 |
| the Revised Code. | 63025 |
| Sec. 5111.68. (A) On receipt of a written notice under | 63026 |
| section 5111.66 of the Revised Code of a facility closure, | 63027 |
| voluntary termination, or voluntary withdrawal of participation or | 63028 |
| a written notice under section 5111.67 of the Revised Code of a | 63029 |
| change of operator, the department of job and family services | 63030 |
| shall determine the amount of any overpayments made under the | 63031 |
| medicaid program to the exiting operator, including overpayments | 63032 |
| the exiting operator disputes, and other actual and potential | 63033 |
| debts the exiting operator owes or may owe to the department and | 63034 |
| United States centers for medicare and medicaid services under the | 63035 |
| medicaid program. In determining the exiting operator's other | 63036 |
| actual and potential debts to the department under the medicaid | 63037 |
| program, the department shall include all of the following that | 63038 |
| the department determines is applicable: | 63039 |
| (1) Refunds due the department under section 5111.27 of the | 63040 |
| Revised Code; | 63041 |
| (2) Interest owed to the department and United States centers | 63042 |
| for medicare and medicaid services; | 63043 |
| (3) Final civil monetary and other penalties for which all | 63044 |
| right of appeal has been exhausted; | 63045 |
| (4) Money owed the department and United States centers for | 63046 |
| medicare and medicaid services from any outstanding final fiscal | 63047 |
| audit, including a final fiscal audit for the last fiscal year or | 63048 |
| portion thereof in which the exiting operator participated in the | 63049 |
| medicaid program. | 63050 |
| (B) If the department is unable to determine the amount of | 63051 |
| the overpayments and other debts for any period before the | 63052 |
| effective date of the entering operator's provider agreement or | 63053 |
| the effective date of the facility closure, voluntary termination, | 63054 |
| or voluntary withdrawal of participation, the department shall | 63055 |
| make a reasonable estimate of the overpayments and other debts for | 63056 |
| the period. The department shall make the estimate using | 63057 |
| information available to the department, including prior | 63058 |
| determinations of overpayments and other debts. | 63059 |
| Sec. 5111.681. (A) Except as provided in division (B) of this | 63060 |
| section, the department of job and family services shall withhold | 63061 |
| the greater of the following from payment due an exiting operator | 63062 |
| under the medicaid program: | 63063 |
| (1) The total amount of any overpayments made under the | 63064 |
| medicaid program to the exiting operator, including overpayments | 63065 |
| the exiting operator disputes, and other actual and potential | 63066 |
| debts, including any unpaid penalties, the exiting operator owes | 63067 |
| or may owe to the department and United States centers for | 63068 |
| medicare and medicaid services under the medicaid program; | 63069 |
| (2) An amount equal to the average amount of monthly payments | 63070 |
| to the exiting operator under the medicaid program for the | 63071 |
| twelve-month period immediately preceding the month that includes | 63072 |
| the last day the exiting operator's provider agreement is in | 63073 |
| effect or, in the case of a voluntary withdrawal of participation, | 63074 |
| the effective date of the voluntary withdrawal of participation. | 63075 |
| (B) The department may choose not to make the withholding | 63076 |
| under division (A) of this section if an entering operator does | 63077 |
| both of the following: | 63078 |
| (1) Enters into a nontransferable, unconditional, written | 63079 |
| agreement with the department to pay the department any debt the | 63080 |
| exiting operator owes the department under the medicaid program; | 63081 |
| (2) Provides the department a copy of the entering operator's | 63082 |
| balance sheet that assists the department in determining whether | 63083 |
| to make the withholding under division (A) of this section. | 63084 |
| Sec. 5111.682. (A) Except as provided in division (B) of this | 63085 |
| section, an exiting operator shall file with the department of job | 63086 |
| and family services a cost report not later than ninety days after | 63087 |
| the last day the exiting operator's provider agreement is in | 63088 |
| effect or, in the case of a voluntary withdrawal of participation, | 63089 |
| the effective date of the voluntary withdrawal of participation. | 63090 |
| The cost report shall cover the period that begins with the day | 63091 |
| after the last day covered by the operator's most recent previous | 63092 |
| cost report required by section 5111.26 of the Revised Code and | 63093 |
| ends on the last day the exiting operator's provider agreement is | 63094 |
| in effect or, in the case of a voluntary withdrawal of | 63095 |
| participation, the effective date of the voluntary withdrawal of | 63096 |
| participation. The cost report shall include, as applicable, all | 63097 |
| of the following: | 63098 |
| (1) The sale price of the nursing facility or intermediate | 63099 |
| care facility for the mentally retarded; | 63100 |
| (2) A final depreciation schedule that shows which assets are | 63101 |
| transferred to the buyer and which assets are not transferred to | 63102 |
| the buyer; | 63103 |
| (3) Any other information the department requires. | 63104 |
| (B) The department, at its sole discretion, may waive the | 63105 |
| requirement that an exiting operator file a cost report in | 63106 |
| accordance with division (A) of this section. | 63107 |
| Sec. 5111.683. If an exiting operator required by section | 63108 |
| 5111.682 of the Revised Code to file a cost report with the | 63109 |
| department of job and family services fails to file the cost | 63110 |
| report in accordance with that section, all payments under the | 63111 |
| medicaid program for the period the cost report is required to | 63112 |
| cover are deemed overpayments until the date the department | 63113 |
| receives the properly completed cost report. The department may | 63114 |
| impose on the exiting operator a penalty of one hundred dollars | 63115 |
| for each calendar day the properly completed cost report is late. | 63116 |
| Sec. 5111.684. The department of job and family services may | 63117 |
| not provide an exiting operator final payment under the medicaid | 63118 |
| program until the department receives all properly completed cost | 63119 |
| reports the exiting operator is required to file under sections | 63120 |
| 5111.26 and 5111.682 of the Revised Code. | 63121 |
| Sec. 5111.685. The department of job and family services | 63122 |
| shall determine the actual amount of debt an exiting operator owes | 63123 |
| the department under the medicaid program by completing all final | 63124 |
| fiscal audits not already completed and performing all other | 63125 |
| appropriate actions the department determines to be necessary. The | 63126 |
| department shall issue a debt summary report on this matter not | 63127 |
| later than ninety days after the date the exiting operator files | 63128 |
| the properly completed cost report required by section 5111.682 of | 63129 |
| the Revised Code with the department or, if the department waives | 63130 |
| the cost report requirement for the exiting operator, ninety days | 63131 |
| after the date the department waives the cost report requirement. | 63132 |
| The report shall include the department's findings and the amount | 63133 |
| of debt the department determines the exiting operator owes the | 63134 |
| department and United States centers for medicare and medicaid | 63135 |
| services under the medicaid program. Only the parts of the report | 63136 |
| that are subject to an adjudication as specified in section | 63137 |
| 5111.30 of the Revised Code are subject to an adjudication | 63138 |
| conducted in accordance with Chapter 119. of the Revised Code. | 63139 |
| Sec. 5111.686. The department of job and family services | 63140 |
| shall release the actual amount withheld under division (A) of | 63141 |
| section 5111.681 of the Revised Code, less any amount the exiting | 63142 |
| operator owes the department and United States centers for | 63143 |
| medicare and medicaid services under the medicaid program, as | 63144 |
| follows: | 63145 |
| (A) Ninety-one days after the date the exiting operator files | 63146 |
| a properly completed cost report required by section 5111.682 of | 63147 |
| the Revised Code unless the department issues the report required | 63148 |
| by section 5111.685 of the Revised Code not later than ninety days | 63149 |
| after the date the exiting operator files the properly completed | 63150 |
| cost report; | 63151 |
| (B) Not later than thirty days after the exiting operator | 63152 |
| agrees to a final fiscal audit resulting from the report required | 63153 |
| by section 5111.685 of the Revised Code if the department issues | 63154 |
| the report not later than ninety days after the date the exiting | 63155 |
| operator files a properly completed cost report required by | 63156 |
| section 5111.682 of the Revised Code; | 63157 |
| (C) Ninety-one days after the date the department waives the | 63158 |
| cost report requirement of section 5111.682 of the Revised Code | 63159 |
| unless the department issues the report required by section | 63160 |
| 5111.685 of the Revised Code not later than ninety days after the | 63161 |
| date the department waives the cost report requirement; | 63162 |
| (D) Not later than thirty days after the exiting operator | 63163 |
| agrees to a final fiscal audit resulting from the report required | 63164 |
| by section 5111.685 of the Revised Code if the department issues | 63165 |
| the report not later than ninety days after the date the | 63166 |
| department waives the cost report requirement of section 5111.682 | 63167 |
| of the Revised Code. | 63168 |
| Sec. 5111.687. The department of job and family services, at | 63169 |
| its sole discretion, may release the amount withheld under | 63170 |
| division (A) of section 5111.681 of the Revised Code if the | 63171 |
| exiting operator submits to the department written notice of a | 63172 |
| postponement of a change of operator, facility closure, voluntary | 63173 |
| termination, or voluntary withdrawal of participation and the | 63174 |
| transactions leading to the change of operator, facility closure, | 63175 |
| voluntary termination, or voluntary withdrawal of participation | 63176 |
| are postponed for at least thirty days but less than ninety days | 63177 |
| after the date originally proposed for the change of operator, | 63178 |
| facility closure, voluntary termination, or voluntary withdrawal | 63179 |
| of participation as reported in the written notice required by | 63180 |
| section 5111.66 or 5111.67 of the Revised Code. The department | 63181 |
| shall release the amount withheld if the exiting operator submits | 63182 |
| to the department written notice of a cancellation or postponement | 63183 |
| of a change of operator, facility closure, voluntary termination, | 63184 |
| or voluntary withdrawal of participation and the transactions | 63185 |
| leading to the change of operator, facility closure, voluntary | 63186 |
| termination, or voluntary withdrawal of participation are canceled | 63187 |
| or postponed for more than ninety days after the date originally | 63188 |
| proposed for the change of operator, facility closure, voluntary | 63189 |
| termination, or voluntary withdrawal of participation as reported | 63190 |
| in the written notice required by section 5111.66 or 5111.67 of | 63191 |
| the Revised Code. | 63192 |
| After the department receives a written notice regarding a | 63193 |
| cancellation or postponement of a facility closure, voluntary | 63194 |
| termination, or voluntary withdrawal of participation, the exiting | 63195 |
| operator or owner shall provide new written notice to the | 63196 |
| department under section 5111.66 of the Revised Code regarding any | 63197 |
| transactions leading to a facility closure, voluntary termination, | 63198 |
| or voluntary withdrawal of participation at a future time. After | 63199 |
| the department receives a written notice regarding a cancellation | 63200 |
| or postponement of a change of operator, the exiting operator or | 63201 |
| owner and entering operator shall provide new written notice to | 63202 |
| the department under section 5111.67 of the Revised Code regarding | 63203 |
| any transactions leading to a change of operator at a future time. | 63204 |
| Sec. 5111.688. The director of job and family services may | 63205 |
| adopt rules under section 5111.02 of the Revised Code to implement | 63206 |
| sections 5111.65 to 5111.688 of the Revised Code, including rules | 63207 |
| applicable to an exiting operator that provides written | 63208 |
| notification under section 5111.66 of the Revised Code of a | 63209 |
| voluntary withdrawal of participation. Rules adopted under this | 63210 |
| section shall comply with section 1919(c)(2)(F) of the "Social | 63211 |
| Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396r(c)(2)(F), | 63212 |
| regarding restrictions on transfers or discharges of nursing | 63213 |
| facility residents in the case of a voluntary withdrawal of | 63214 |
| participation. The rules may prescribe a medicaid reimbursement | 63215 |
| methodology and other procedures that are applicable after the | 63216 |
| effective date of a voluntary withdrawal of participation that | 63217 |
| differ from the reimbursement methodology and other procedures | 63218 |
| that would otherwise apply. | 63219 |
| Sec. 5111.85. (A) As used in this section and sections | 63220 |
| 5111.851 to 5111.856 of the Revised Code, "medicaid waiver | 63221 |
| component" means a component of the medicaid program authorized by | 63222 |
| a waiver granted by the United States department of health and | 63223 |
| human services under section 1115 or 1915 of the "Social Security | 63224 |
| Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or 1396n. "Medicaid | 63225 |
| waiver component" does not include a care management system | 63226 |
| established under section 5111.16 of the Revised Code. | 63227 |
| (B) The director of job and family services may adopt rules | 63228 |
| under Chapter 119. of the Revised Code governing medicaid waiver | 63229 |
| components that establish all of the following: | 63230 |
| (1) Eligibility requirements for the medicaid waiver | 63231 |
| components; | 63232 |
| (2) The type, amount, duration, and scope of services the | 63233 |
| medicaid waiver components provide; | 63234 |
| (3) The conditions under which the medicaid waiver components | 63235 |
| cover services; | 63236 |
| (4) The amount the medicaid waiver components pay for | 63237 |
| services or the method by which the amount is determined; | 63238 |
| (5) The manner in which the medicaid waiver components pay | 63239 |
| for services; | 63240 |
| (6) Safeguards for the health and welfare of medicaid | 63241 |
| recipients receiving services under a medicaid waiver component; | 63242 |
| (7) Procedures for enforcing the rules, including | 63243 |
| establishing corrective action plans for, and imposing financial | 63244 |
| and administrative sanctions on, persons and government entities | 63245 |
| that violate the rules. Sanctions shall include terminating | 63246 |
| medicaid provider agreements. The procedures shall include due | 63247 |
| process protections. | 63248 |
| (8) Other policies necessary for the efficient administration | 63249 |
| of the medicaid waiver components. | 63250 |
| (C) The director of job and family services may adopt | 63251 |
| different rules for the different medicaid waiver components. The | 63252 |
| rules shall be consistent with the terms of the waiver authorizing | 63253 |
| the medicaid waiver component. | 63254 |
| | 63255 |
| 63256 | |
| 63257 | |
| 63258 | |
| 63259 | |
| 63260 | |
| 63261 | |
| 63262 | |
| 63263 | |
| 63264 | |
| 63265 |
| Sec. 5111.851. (A) As used in sections 5111.851 to 5111.855 | 63266 |
| of the Revised Code: | 63267 |
| "Administrative agency" means, with respect to a home and | 63268 |
| community-based services medicaid waiver component, the department | 63269 |
| of job and family services or, if a state agency or political | 63270 |
| subdivision contracts with the department under section 5111.91 of | 63271 |
| the Revised Code to administer the component, that state agency or | 63272 |
| political subdivision. | 63273 |
| "Home and community-based services medicaid waiver component" | 63274 |
| means a medicaid waiver component under which home and | 63275 |
| community-based services are provided as an alternative to | 63276 |
| hospital, nursing facility, or intermediate care facility for the | 63277 |
| mentally retarded services. | 63278 |
| "Hospital" has the same meaning as in section 3727.01 of the | 63279 |
| Revised Code. | 63280 |
| "Intermediate care facility for the mentally retarded" has | 63281 |
| the same meaning as in section 5111.20 of the Revised Code. | 63282 |
| "Level of care determination" means a determination of | 63283 |
| whether an individual needs the level of care provided by a | 63284 |
| hospital, nursing facility, or intermediate care facility for the | 63285 |
| mentally retarded and whether the individual, if determined to | 63286 |
| need that level of care, would receive hospital, nursing facility, | 63287 |
| or intermediate care facility for the mentally retarded services | 63288 |
| if not for a home and community-based services medicaid waiver | 63289 |
| component. | 63290 |
| "Nursing facility" has the same meaning as in section 5111.20 | 63291 |
| of the Revised Code. | 63292 |
| "Skilled nursing facility" means a facility certified as a | 63293 |
| skilled nursing facility under Title XVIII of the "Social Security | 63294 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 63295 |
| (B) The following requirements apply to each home and | 63296 |
| community-based services medicaid waiver component: | 63297 |
| (1) Only an individual who qualifies for a component shall | 63298 |
| receive that component's services. | 63299 |
| (2) A level of care determination shall be made as part of | 63300 |
| the process of determining whether an individual qualifies for a | 63301 |
| component and shall be made each year after the initial | 63302 |
| determination if, during such a subsequent year, the | 63303 |
| administrative agency determines there is a reasonable indication | 63304 |
| that the individual's needs have changed. | 63305 |
| (3) A written plan of care or individual service plan based | 63306 |
| on an individual assessment of the services that an individual | 63307 |
| needs to avoid needing admission to a hospital, nursing facility, | 63308 |
| or intermediate care facility for the mentally retarded shall be | 63309 |
| created for each individual determined eligible for a component. | 63310 |
| (4) Each individual determined eligible for a component shall | 63311 |
| receive that component's services in accordance with the | 63312 |
| individual's level of care determination and written plan of care | 63313 |
| or individual service plan. | 63314 |
| (5) No individual may receive services under a component | 63315 |
| while the individual is a hospital inpatient or resident of a | 63316 |
| skilled nursing facility, nursing facility, or intermediate care | 63317 |
| facility for the mentally retarded. | 63318 |
| (6) No individual may receive prevocational, educational, or | 63319 |
| supported employment services under a component if the individual | 63320 |
| is eligible for such services that are funded with federal funds | 63321 |
| provided under 29 U.S.C. 730 or the "Individuals with Disabilities | 63322 |
| Education Act," 111 Stat. 37 (1997), 20 U.S.C. 1400, as amended. | 63323 |
| (7) Safeguards shall be taken to protect the health and | 63324 |
| welfare of individuals receiving services under a component, | 63325 |
| including safeguards established in rules adopted under section | 63326 |
| 5111.85 of the Revised Code and safeguards established by | 63327 |
| licensing and certification requirements that are applicable to | 63328 |
| the providers of that component's services. | 63329 |
| (8) No services may be provided under a component by a | 63330 |
| provider that is subject to standards that 42 U.S.C. 1382e(e)(1) | 63331 |
| requires be established if the provider fails to comply with the | 63332 |
| standards applicable to the provider. | 63333 |
| (9) Individuals determined to be eligible for a component, or | 63334 |
| such individuals' representatives, shall be informed of that | 63335 |
| component's services, including any choices that the individual or | 63336 |
| representative may make regarding the component's services, and | 63337 |
| given the choice of either receiving services under that component | 63338 |
| or, as appropriate, hospital, nursing facility, or intermediate | 63339 |
| care facility for the mentally retarded services. | 63340 |
| Sec. 5111.852. The department of job and family services may | 63341 |
| review and approve, modify, or deny written plans of care and | 63342 |
| individual service plans that section 5111.851 of the Revised Code | 63343 |
| requires be created for individuals determined eligible for a home | 63344 |
| and community-based services medicaid waiver component. If a state | 63345 |
| agency or political subdivision contracts with the department | 63346 |
| under section 5111.91 of the Revised Code to administer a home and | 63347 |
| community-based services medicaid waiver component and approves, | 63348 |
| modifies, or denies a written plan of care or individual service | 63349 |
| plan pursuant to the agency's or subdivision's administration of | 63350 |
| the component, the department may review the agency's or | 63351 |
| subdivision's approval, modification, or denial and order the | 63352 |
| agency or subdivision to reverse or modify the approval, | 63353 |
| modification, or denial. The state agency or political subdivision | 63354 |
| shall comply with the department's order. | 63355 |
| The department of job and family services shall be granted | 63356 |
| full and immediate access to any records the department needs to | 63357 |
| implement its duties under this section. | 63358 |
| Sec. 5111.853. Each administrative agency shall maintain, | 63359 |
| for a period of time the department of job and family services | 63360 |
| shall specify, financial records documenting the costs of services | 63361 |
| provided under the home and community-based services medicaid | 63362 |
| waiver components that the agency administers, including records | 63363 |
| of independent audits. The administrative agency shall make the | 63364 |
| financial records available on request to the United States | 63365 |
| secretary of health and human services, United States comptroller | 63366 |
| general, and their designees. | 63367 |
| Sec. 5111.854. Each administrative agency is financially | 63368 |
| accountable for funds expended for services provided under the | 63369 |
| home and community-based services medicaid waiver components that | 63370 |
| the agency administers. | 63371 |
| Sec. 5111.855. Each state agency and political subdivision | 63372 |
| that enters into a contract with the department of job and family | 63373 |
| services under section 5111.91 of the Revised Code to administer a | 63374 |
| home and community-based services medicaid waiver component, or | 63375 |
| one or more aspects of such a component, shall provide the | 63376 |
| department a written assurance that the agency or subdivision will | 63377 |
| not violate any of the requirements of sections 5111.85 to | 63378 |
| 5111.854 of the Revised Code. | 63379 |
| Sec. 5111.856. To the extent necessary for the efficient and | 63380 |
| economical administration of medicaid waiver components, the | 63381 |
| department of job and family services may transfer an individual | 63382 |
| enrolled in a medicaid waiver component administered by the | 63383 |
| department to another medicaid waiver component the department | 63384 |
| administers if the individual is eligible for the medicaid waiver | 63385 |
| component and the transfer does not jeopardize the individual's | 63386 |
| health or safety. | 63387 |
| | 63388 |
| (1) "Hospital" has the same meaning as in section 3727.01 of | 63389 |
| the Revised Code. | 63390 |
| (2) "Medicaid waiver component" has the same meaning as in | 63391 |
| section 5111.85 of the Revised Code. | 63392 |
| (3) "Nursing facility" has the same meaning as in section | 63393 |
| 5111.20 of the Revised Code. | 63394 |
| (4) "Ohio home care program" means the program the department | 63395 |
| of job and family services administers that provides state plan | 63396 |
| services and medicaid waiver component services pursuant to rules | 63397 |
| adopted under sections 5111.01 and 5111.02 of the Revised Code and | 63398 |
| a medicaid waiver that went into effect July 1, 1998. | 63399 |
| (B) The director of job and family services may submit | 63400 |
| 63401 | |
| human services pursuant to section 1915 of the "Social Security | 63402 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended, to obtain | 63403 |
| waivers of federal medicaid requirements that would otherwise be | 63404 |
| violated in the creation and implementation of two or more | 63405 |
| medicaid waiver components under which home and community-based | 63406 |
| services | 63407 |
| 63408 | |
| 63409 | |
| 63410 | |
| individuals who need the level of care provided by a nursing | 63411 |
| facility or hospital. In the | 63412 |
| specify the following: | 63413 |
|
(1) | 63414 |
| 63415 | |
| 63416 | |
| 63417 |
| | 63418 |
| 63419 | |
| 63420 |
| | 63421 |
| who may be enrolled in | 63422 |
| 63423 | |
| 63424 | |
| requests; | 63425 |
| | 63426 |
| 63427 | |
| individual enrolled in the | 63428 |
| components; | 63429 |
| | 63430 |
| 63431 | |
| individuals enrolled in the | 63432 |
| components; | 63433 |
| | 63434 |
| selects for the | 63435 |
| | 63436 |
| requested under this section, the director may create and | 63437 |
| implement the | 63438 |
| accordance with the provisions of the approved waivers | 63439 |
| The department of job and family services shall administer the | 63440 |
| 63441 |
| | 63442 |
| 63443 | |
| 63444 | |
| 63445 | |
| 63446 | |
| 63447 | |
| 63448 | |
| 63449 |
| After the first of any medicaid waiver components created | 63450 |
| under this section begins to enroll eligible individuals, the | 63451 |
| director may submit to the United States secretary of health and | 63452 |
| human services an amendment to a medicaid waiver component of the | 63453 |
| Ohio home care program authorizing the department to cease | 63454 |
| enrolling additional individuals in that medicaid waiver component | 63455 |
| of the Ohio home care program. If the secretary approves the | 63456 |
| amendment, the director may cease to enroll additional individuals | 63457 |
| in that medicaid waiver component of the Ohio home care program. | 63458 |
| Sec. 5111.87. (A) As used in this section and section | 63459 |
| 5111.871
of
the Revised Code | 63460 |
| (1) "Intermediate care facility for the mentally retarded" | 63461 |
| has the same meaning as in section 5111.20 of the Revised Code. | 63462 |
| (2) "Medicaid waiver component" has the same meaning as in | 63463 |
| section 5111.85 of the Revised Code. | 63464 |
| (B) The director of job and family services may apply to the | 63465 |
| United States secretary of health and human services for both of | 63466 |
| the following: | 63467 |
| (1) One or
more medicaid | 63468 |
| which home and community-based services are provided to | 63469 |
| individuals with mental retardation or other developmental | 63470 |
| disability as an alternative to placement in an intermediate care | 63471 |
| facility for the mentally retarded; | 63472 |
|
(2) One or more medicaid | 63473 |
| which home and community-based services are provided in the form | 63474 |
| of | 63475 |
| (a) Early intervention and supportive services for children | 63476 |
| under three years of age | 63477 |
| 63478 | |
| disabilities the director determines are significant; | 63479 |
|
(b) Therapeutic services for children who have autism | 63480 |
| 63481 |
| (c) Specialized habilitative services for individuals who are | 63482 |
| eighteen years of age or older and have autism. | 63483 |
| (C) No medicaid waiver component authorized by division | 63484 |
| (B)(2)(b) or (c) of this section shall provide services that are | 63485 |
| available under another medicaid waiver component. No medicaid | 63486 |
| waiver component authorized by division (B)(2)(b) of this section | 63487 |
| shall provide services to an individual that the individual is | 63488 |
| eligible to receive through an individualized education program as | 63489 |
| defined in section 3323.01 of the Revised Code. | 63490 |
| (D) The director of mental retardation and developmental | 63491 |
| disabilities or director of health may request that the director | 63492 |
| of job and family services apply for one or more medicaid waivers | 63493 |
| under this section. | 63494 |
| | 63495 |
| director of job and family services shall seek, accept, and | 63496 |
| consider public comments. | 63497 |
| Sec. 5111.871. The department of job and family services | 63498 |
| shall enter into a contract with the department of mental | 63499 |
| retardation and developmental disabilities under section 5111.91 | 63500 |
| of the Revised Code with regard to one or more of the components | 63501 |
| of the medicaid program established by the department of job and | 63502 |
| family services under one or more of the medicaid waivers sought | 63503 |
| under section 5111.87 of the Revised Code. The contract shall | 63504 |
| provide for the department of mental retardation and developmental | 63505 |
| disabilities to administer the components in accordance with the | 63506 |
| terms of the waivers. The directors of job and family services and | 63507 |
| mental retardation and developmental disabilities shall adopt | 63508 |
| rules in accordance with Chapter 119. of the Revised Code | 63509 |
| governing the components. | 63510 |
| If the department of mental retardation and developmental | 63511 |
| disabilities or the department of job and family services denies | 63512 |
| an individual's application for home and community-based services | 63513 |
| provided under any of these medicaid components, the department | 63514 |
| that denied the services shall give timely notice to the | 63515 |
| individual that the individual may request a hearing under section | 63516 |
| 5101.35 of the Revised Code. | 63517 |
| The departments of mental retardation and developmental | 63518 |
| disabilities and job and family services may approve, reduce, | 63519 |
| deny, or terminate a service included in the individualized | 63520 |
| service plan developed for a medicaid recipient eligible for home | 63521 |
| and community-based services provided under any of these medicaid | 63522 |
| components. The departments shall consider the recommendations a | 63523 |
| county board of mental retardation and developmental disabilities | 63524 |
| makes under division (A)(1)(c) of section 5126.055 of the Revised | 63525 |
| Code. If either department approves, reduces, denies, or | 63526 |
| terminates a service, that department shall give timely notice to | 63527 |
| the medicaid recipient that the recipient may request a hearing | 63528 |
| under section 5101.35 of the Revised Code. | 63529 |
| If supported living or residential services, as defined in | 63530 |
| section 5126.01 of the Revised Code, are to be provided under any | 63531 |
| of these components, any person or government entity with a | 63532 |
| current, valid medicaid provider agreement and a current, valid | 63533 |
| license under section 5123.19 or certificate under section | 63534 |
| 63535 | |
| services. | 63536 |
| Sec. 5111.88. (A) As used in sections 5111.88 to 5111.8812 | 63537 |
| of the Revised Code: | 63538 |
| "Administrative agency" means the department of job and | 63539 |
| family services or, if the department assigns the day-to-day | 63540 |
| administration of the ICF/MR conversion pilot program to the | 63541 |
| department of mental retardation and developmental disabilities | 63542 |
| pursuant to section 5111.887 of the Revised Code, the department | 63543 |
| of mental retardation and developmental disabilities. | 63544 |
| "ICF/MR conversion pilot program" means the medicaid waiver | 63545 |
| component authorized by a waiver sought under division (B)(1) of | 63546 |
| this section. | 63547 |
| "ICF/MR services" means intermediate care facility for the | 63548 |
| mentally retarded services covered by the medicaid program that an | 63549 |
| intermediate care facility for the mentally retarded provides to a | 63550 |
| resident of the facility who is a medicaid recipient eligible for | 63551 |
| medicaid-covered intermediate care facility for the mentally | 63552 |
| retarded services. | 63553 |
| "Intermediate care facility for the mentally retarded" has | 63554 |
| the same meaning as in section 5111.20 of the Revised Code. | 63555 |
| "Medicaid waiver component" has the same meaning as in | 63556 |
| section 5111.85 of the Revised Code. | 63557 |
| (B) By July 1, 2006, or as soon thereafter as practical, but | 63558 |
| not later than January 1, 2007, the director of job and family | 63559 |
| services shall, after consulting with and receiving input from the | 63560 |
| ICF/MR conversion advisory council, submit both of the following | 63561 |
| to the United States secretary of health and human services: | 63562 |
| (1) An application for a waiver authorizing the ICF/MR | 63563 |
| conversion pilot program under which intermediate care facilities | 63564 |
| for the mentally retarded, other than such facilities operated by | 63565 |
| the department of mental retardation and developmental | 63566 |
| disabilities, may volunteer to convert from providing intermediate | 63567 |
| care facility for the mentally retarded services to providing home | 63568 |
| and community-based services and individuals with mental | 63569 |
| retardation or a developmental disability who are eligible for | 63570 |
| ICF/MR services may volunteer to receive instead home and | 63571 |
| community-based services; | 63572 |
| (2) An amendment to the state medicaid plan to authorize the | 63573 |
| director, beginning on the first day that the ICF/MR conversion | 63574 |
| pilot program begins implementation under section 5111.882 of the | 63575 |
| Revised Code and except as provided by section 5111.8811 of the | 63576 |
| Revised Code, to refuse to enter into or amend a medicaid provider | 63577 |
| agreement with the operator of an intermediate care facility for | 63578 |
| the mentally retarded if the provider agreement or amendment would | 63579 |
| authorize the operator to receive medicaid payments for more | 63580 |
| intermediate care facility for the mentally retarded beds than the | 63581 |
| operator receives on the day before that day. | 63582 |
| (C) The director shall notify the governor, speaker and | 63583 |
| minority leader of the house of representatives, and president and | 63584 |
| minority leader of the senate when the director submits the | 63585 |
| application for the ICF/MR conversion pilot program under division | 63586 |
| (B)(1) of this section and the amendment to the state medicaid | 63587 |
| plan under division (B)(2) of this section. The director is not | 63588 |
| required to submit the application and the amendment at the same | 63589 |
| time. | 63590 |
| Sec. 5111.881. (A) There is hereby created the ICF/MR | 63591 |
| conversion advisory council. The council shall consist of all of | 63592 |
| the following members: | 63593 |
| (1) Two members of the house of representatives appointed by | 63594 |
| the speaker of the house of representatives, each from a different | 63595 |
| political party; | 63596 |
| (2) Two members of the senate appointed by the president of | 63597 |
| the senate, each from a different political party; | 63598 |
| (3) The director of job and family services or the director's | 63599 |
| designee; | 63600 |
| (4) The director of mental retardation and developmental | 63601 |
| disabilities or the director's designee; | 63602 |
| (5) One representative of each of the following | 63603 |
| organizations, appointed by the organization: | 63604 |
| (a) Advocacy and protective services, incorporated; | 63605 |
| (b) The arc of Ohio; | 63606 |
| (c) The Ohio league for the mentally retarded; | 63607 |
| (d) People first of Ohio; | 63608 |
| (e) The Ohio association of county boards of mental | 63609 |
| retardation and developmental disabilities; | 63610 |
| (f) The Ohio provider resource association; | 63611 |
| (g) The Ohio health care association; | 63612 |
| (h) The Ohio legal rights service; | 63613 |
| (i) The Ohio developmental disabilities council; | 63614 |
| (j) The cerebral palsy association of Ohio. | 63615 |
| (B) At least four members appointed to the ICF/MR conversion | 63616 |
| advisory council, other than the members appointed under division | 63617 |
| (A)(1) or (2) of this section, shall be either of the following: | 63618 |
| (1) A family member of an individual who, at the time of the | 63619 |
| family member's appointment, is a resident of an intermediate care | 63620 |
| facility for the mentally retarded; | 63621 |
| (2) An individual with mental retardation or a developmental | 63622 |
| disability. | 63623 |
| (C) The speaker of the house of representatives and the | 63624 |
| president of the senate jointly shall appoint one of the members | 63625 |
| appointed under division (A)(1) or (2) of this section to serve as | 63626 |
| chair of the ICF/MR conversion advisory council. | 63627 |
| (D) Members of the ICF/MR conversion advisory council shall | 63628 |
| receive no compensation for serving on the council. | 63629 |
| (E) The ICF/MR conversion advisory council shall do all of | 63630 |
| the following: | 63631 |
| (1) Consult with the director of job and family services | 63632 |
| before the director submits the application for the ICF/MR | 63633 |
| conversion pilot program and the amendment to the state medicaid | 63634 |
| plan under division (B) of section 5111.88 of the Revised Code; | 63635 |
| (2) Consult with the administrative agency before the | 63636 |
| administrative agency makes adjustments to the program under | 63637 |
| division (F) of section 5111.882 of the Revised Code; | 63638 |
| (3) Consult with the director of job and family services when | 63639 |
| the director adopts the rules for the program; | 63640 |
| (4) Consult with the administrative agency when the | 63641 |
| administrative agency conducts the evaluation of the program and | 63642 |
| prepares the initial and final reports of the evaluation under | 63643 |
| section 5111.889 of the Revised Code. | 63644 |
| (F) The ICF/MR conversion advisory council shall cease to | 63645 |
| exist on the issuance of the final report of the evaluation | 63646 |
| conducted under section 5111.889 of the Revised Code. | 63647 |
| Sec. 5111.882. If the United States secretary of health and | 63648 |
| human services approves the waiver requested under division (B)(1) | 63649 |
| of section 5111.88 of the Revised Code, the administrative agency | 63650 |
| shall implement the ICF/MR conversion pilot program for not less | 63651 |
| than three years as follows: | 63652 |
| (A) Permit no more than two hundred individuals to | 63653 |
| participate in the program at one time; | 63654 |
| (B) Select, from among volunteers only, enough intermediate | 63655 |
| care facilities for the mentally retarded to convert from | 63656 |
| providing ICF/MR services to providing home and community-based | 63657 |
| services as necessary to accommodate each individual participating | 63658 |
| in the program and ensure that the facilities selected for | 63659 |
| conversion cease, except as provided by section 5111.8811 of the | 63660 |
| Revised Code, to provide any ICF/MR services once the conversion | 63661 |
| takes place; | 63662 |
| (C) Subject to division (A) of this section, permit | 63663 |
| individuals who reside in an intermediate care facility for the | 63664 |
| mentally retarded that converts to providing home and | 63665 |
| community-based services to choose whether to participate in the | 63666 |
| program or to transfer to another intermediate care facility for | 63667 |
| the mentally retarded that is not converting; | 63668 |
| (D) Ensure that no individual receiving ICF/MR services on | 63669 |
| the effective date of this section suffers an interruption in | 63670 |
| medicaid-covered services that the individual is eligible to | 63671 |
| receive; | 63672 |
| (E) Collect information as necessary for the evaluation | 63673 |
| required by section 5111.889 of the Revised Code; | 63674 |
| (F) After consulting with the ICF/MR conversion advisory | 63675 |
| council, make adjustments to the program that the administrative | 63676 |
| agency and, if the administrative agency is not the department of | 63677 |
| job and family services, the department agree are both necessary | 63678 |
| for the program to be implemented more effectively and consistent | 63679 |
| with the terms of the waiver authorizing the program. No | 63680 |
| adjustment may be made that expands the size or scope of the | 63681 |
| program. | 63682 |
| Sec. 5111.883. Each individual participating in the ICF/MR | 63683 |
| conversion pilot program shall receive home and community-based | 63684 |
| services pursuant to a written individual service plan that shall | 63685 |
| be created for the individual. The individual service plan shall | 63686 |
| provide for the individual to receive home and community-based | 63687 |
| services as necessary to meet the individual's health and welfare | 63688 |
| needs. | 63689 |
| Sec. 5111.884. Each individual participating in the ICF/MR | 63690 |
| conversion pilot program has the right to choose the qualified and | 63691 |
| willing provider from which the individual will receive home and | 63692 |
| community-based services provided under the program. | 63693 |
| Sec. 5111.885. The administrative agency shall inform each | 63694 |
| individual participating in the ICF/MR conversion pilot program of | 63695 |
| the individual's right to a state hearing under section 5101.35 of | 63696 |
| the Revised Code regarding a decision or order the administrative | 63697 |
| agency makes concerning the individual's participation in the | 63698 |
| program. | 63699 |
| Sec. 5111.886. The department of mental retardation and | 63700 |
| developmental disabilities may not convert any of the intermediate | 63701 |
| care facilities for the mentally retarded that the department | 63702 |
| operates to a provider of home and community-based services under | 63703 |
| the ICF/MR conversion pilot program. | 63704 |
| Sec. 5111.887. (A) If the United States secretary of health | 63705 |
| and human services approves the waiver requested under division | 63706 |
| (B)(1) of section 5111.88 of the Revised Code, the department of | 63707 |
| job and family services may do both of the following: | 63708 |
| (1) Contract with the department of mental retardation and | 63709 |
| developmental disabilities under section 5111.91 of the Revised | 63710 |
| Code to assign the day-to-day administration of the ICF/MR | 63711 |
| conversion pilot program to the department of mental retardation | 63712 |
| and developmental disabilities; | 63713 |
| (2) Transfer funds to pay for the nonfederal share of the | 63714 |
| costs of the ICF/MR conversion pilot program to the department of | 63715 |
| mental retardation and developmental disabilities. | 63716 |
| (B) If the department of job and family services takes both | 63717 |
| actions authorized by division (A) of this section, the department | 63718 |
| of mental retardation and developmental disabilities shall be | 63719 |
| responsible for paying the nonfederal share of the costs of the | 63720 |
| ICF/MR conversion pilot program. | 63721 |
| Sec. 5111.888. The director of job and family services, in | 63722 |
| consultation with the ICF/MR conversion advisory council, shall | 63723 |
| adopt rules under section 5111.85 of the Revised Code as necessary | 63724 |
| to implement the ICF/MR conversion pilot program, including rules | 63725 |
| establishing both of the following: | 63726 |
| (A) The type, amount, duration, and scope of home and | 63727 |
| community-based services provided under the program; | 63728 |
| (B) The amount the program pays for the home and | 63729 |
| community-based services or the method by which the amount is | 63730 |
| determined. | 63731 |
| Sec. 5111.889. (A) The administrative agency, in | 63732 |
| consultation with the ICF/MR conversion advisory council, shall | 63733 |
| conduct an evaluation of the ICF/MR conversion pilot program. All | 63734 |
| of the following shall be examined as part of the evaluation: | 63735 |
| (1) The effectiveness of the home and community-based | 63736 |
| services provided under the program in meeting the health and | 63737 |
| welfare needs of the individuals participating in the program as | 63738 |
| identified in the individuals' written individual service plans; | 63739 |
| (2) The satisfaction of the individuals participating in the | 63740 |
| program with the home and community-based services; | 63741 |
| (3) The impact that the conversion from providing ICF/MR | 63742 |
| services to providing home and community-based services has on the | 63743 |
| intermediate care facilities for the mentally retarded that | 63744 |
| convert; | 63745 |
| (4) The program's cost effectiveness, including | 63746 |
| administrative cost effectiveness; | 63747 |
| (5) Feedback about the program from the individuals | 63748 |
| participating in the program, such individuals' families and | 63749 |
| guardians, county boards of mental retardation and developmental | 63750 |
| disabilities, and providers of home and community-based services | 63751 |
| under the program; | 63752 |
| (6) Other matters the administrative agency considers | 63753 |
| appropriate for evaluation. | 63754 |
| (B) The administrative agency, in consultation with the | 63755 |
| ICF/MR conversion advisory council, shall prepare two reports of | 63756 |
| the evaluation conducted under this section. The initial report | 63757 |
| shall be finished not sooner than the last day of the ICF/MR | 63758 |
| conversion pilot program's first year of operation. The final | 63759 |
| report shall be finished not sooner than the last day of the | 63760 |
| program's second year of operation. The administrative agency | 63761 |
| shall provide a copy of each report to the governor, president and | 63762 |
| minority leader of the senate, and speaker and minority leader of | 63763 |
| the house of representatives. | 63764 |
| Sec. 5111.8810. The ICF/MR conversion pilot program shall | 63765 |
| not be implemented statewide unless the general assembly enacts | 63766 |
| law authorizing the statewide implementation. | 63767 |
| Sec. 5111.8811. An intermediate care facility for the | 63768 |
| mentally retarded that converts from providing ICF/MR services to | 63769 |
| providing home and community-based services under the ICF/MR | 63770 |
| conversion pilot program may reconvert to providing ICF/MR | 63771 |
| services after the program terminates unless either of the | 63772 |
| following is the case: | 63773 |
| (A) The program, following the general assembly's enactment | 63774 |
| of law authorizing the program's statewide implementation, is | 63775 |
| implemented statewide; | 63776 |
| (B) The facility no longer meets the requirements for | 63777 |
| certification as an intermediate care facility for the mentally | 63778 |
| retarded. | 63779 |
| Sec. 5111.8812. (A) Subject to division (B) of this section | 63780 |
| and beginning not later than two and one-half years after the date | 63781 |
| the ICF/MR conversion pilot program terminates, the department of | 63782 |
| mental retardation and developmental disabilities shall be | 63783 |
| responsible for a portion of the nonfederal share of medicaid | 63784 |
| expenditures for ICF/MR services provided by an intermediate care | 63785 |
| facility for the mentally retarded that reconverts to providing | 63786 |
| ICF/MR services under section 5111.8811 of the Revised Code. The | 63787 |
| portion for which the department shall be responsible shall be the | 63788 |
| portion that the department and department of job and family | 63789 |
| services specify in an agreement. | 63790 |
| (B) The department of mental retardation and developmental | 63791 |
| disabilities shall not be responsible for any portion of the | 63792 |
| nonfederal share of medicaid expenditures for ICF/MR services | 63793 |
| incurred for any beds of an intermediate care facility for the | 63794 |
| mentally retarded that are in excess of the number of beds the | 63795 |
| facility had while participating in the ICF/MR conversion pilot | 63796 |
| program. | 63797 |
| Sec. 5111.89. (A) As used in sections 5111.89 to 5111.893 of | 63798 |
| the Revised Code: | 63799 |
| "Assisted living program" means the medicaid waiver component | 63800 |
| for which the director of job and family services is authorized by | 63801 |
| this section to request a medicaid waiver. | 63802 |
| "Assisted living services" means the following home and | 63803 |
| community-based services: personal care, homemaker, chore, | 63804 |
| attendant care, companion, medication oversight, and therapeutic | 63805 |
| social and recreational programming. | 63806 |
| "County or district home" means a county or district home | 63807 |
| operated under Chapter 5155. of the Revised Code. | 63808 |
| "Medicaid waiver component" has the same meaning as in | 63809 |
| section 5111.85 of the Revised Code. | 63810 |
| "Nursing facility" has the same meaning as in section 5111.20 | 63811 |
| of the Revised Code. | 63812 |
| "Residential care facility" has the same meaning as in | 63813 |
| section 3721.01 of the Revised Code. | 63814 |
| (B) The director of job and family services may submit a | 63815 |
| request to the United States secretary of health and human | 63816 |
| services under 42 U.S.C. 1396n to obtain a waiver of federal | 63817 |
| medicaid requirements that would otherwise be violated in the | 63818 |
| creation and implementation of a program under which assisted | 63819 |
| living services are provided to not more than one thousand eight | 63820 |
| hundred individuals who meet the program's eligibility | 63821 |
| requirements established under section 5111.891 of the Revised | 63822 |
| Code. | 63823 |
| If the secretary approves the medicaid waiver requested under | 63824 |
| this section and the director of budget and management approves | 63825 |
| the contract, the department of job and family services shall | 63826 |
| enter into a contract with the department of aging under section | 63827 |
| 5111.91 of the Revised Code that provides for the department of | 63828 |
| aging to administer the assisted living program. The contract | 63829 |
| shall include an estimate of the program's costs. | 63830 |
| The director of job and family services may adopt rules under | 63831 |
| section 5111.85 of the Revised Code regarding the assisted living | 63832 |
| program. The director of aging may adopt rules under Chapter 119. | 63833 |
| of the Revised Code regarding the program that the rules adopted | 63834 |
| by the director of job and family services authorize the director | 63835 |
| of aging to adopt. | 63836 |
| Sec. 5111.891. To be eligible for the assisted living | 63837 |
| program, an individual must meet all of the following | 63838 |
| requirements: | 63839 |
| (A) Need an intermediate level of care as determined under | 63840 |
| rule 5101:3-3-06 of the Administrative Code; | 63841 |
| (B) At the time the individual applies for the assisted | 63842 |
| living program, be one of the following: | 63843 |
| (1) A nursing facility resident who is seeking to move to a | 63844 |
| residential care facility and would remain in a nursing facility | 63845 |
| for long term care if not for the assisted living program; | 63846 |
| (2) A participant of any of the following medicaid waiver | 63847 |
| components who would move to a nursing facility if not for the | 63848 |
| assisted living program: | 63849 |
| (a) The PASSPORT program created under section 173.40 of the | 63850 |
| Revised Code; | 63851 |
| (b) The medicaid waiver component called the choices program | 63852 |
| that the department of aging administers; | 63853 |
| (c) A medicaid waiver component that the department of job | 63854 |
| and family services administers. | 63855 |
| (C) At the time the individual receives assisted living | 63856 |
| services under the assisted living program, reside in a | 63857 |
| residential care facility, including both of the following: | 63858 |
| (1) A residential care facility that is owned or operated by | 63859 |
| a metropolitan housing authority that has a contract with the | 63860 |
| United States department of housing and urban development to | 63861 |
| receive an operating subsidy or rental assistance for the | 63862 |
| residents of the facility; | 63863 |
| (2) A county or district home licensed as a residential care | 63864 |
| facility. | 63865 |
| (D) Meet all other eligibility requirements for the assisted | 63866 |
| living program established in rules adopted under section 5111.85 | 63867 |
| of the Revised Code. | 63868 |
| Sec. 5111.892. A residential care facility providing | 63869 |
| services covered by the assisted living program to an individual | 63870 |
| enrolled in the program shall have staff on-site twenty-four hours | 63871 |
| each day who are able to do all of the following: | 63872 |
| (A) Meet the scheduled and unpredicted needs of the | 63873 |
| individuals enrolled in the assisted living program in a manner | 63874 |
| that promotes the individuals' dignity and independence; | 63875 |
| (B) Provide supervision services for those individuals; | 63876 |
| (C) Help keep the individuals safe and secure. | 63877 |
| Sec. 5111.893. If the United States secretary of health and | 63878 |
| human services approves a medicaid waiver authorizing the assisted | 63879 |
| living program, the director of aging shall contract with a person | 63880 |
| or government entity to evaluate the program's cost effectiveness. | 63881 |
| The director shall provide the results of the evaluation to the | 63882 |
| governor, president and minority leader of the senate, and speaker | 63883 |
| and minority leader of the house of representatives not later than | 63884 |
| June 30, 2007. | 63885 |
| Sec. 5111.914. (A) As used in this section, "provider" has | 63886 |
| the same meaning as in section 5111.06 of the Revised Code. | 63887 |
| (B) If a state agency that enters into a contract with the | 63888 |
| department of job and family services under section 5111.91 of the | 63889 |
| Revised Code identifies that a medicaid overpayment has been made | 63890 |
| to a provider, the state agency may commence actions to recover | 63891 |
| the overpayment on behalf of the department. | 63892 |
| (C) In recovering an overpayment pursuant to this section, a | 63893 |
| state agency shall comply with the following procedures: | 63894 |
| (1) The state agency shall attempt to recover the overpayment | 63895 |
| by notifying the provider of the overpayment and requesting | 63896 |
| voluntary repayment. Not later than five business days after | 63897 |
| notifying the provider, the state agency shall notify the | 63898 |
| department in writing of the overpayment. The state agency may | 63899 |
| negotiate a settlement of the overpayment and notify the | 63900 |
| department of the settlement. A settlement negotiated by the state | 63901 |
| agency is not valid and shall not be implemented until the | 63902 |
| department has given its written approval of the settlement. | 63903 |
| (2) If the state agency is unable to obtain voluntary | 63904 |
| repayment of an overpayment, the agency shall give the provider | 63905 |
| notice of an opportunity for a hearing in accordance with Chapter | 63906 |
| 119. of the Revised Code. If the provider timely requests a | 63907 |
| hearing in accordance with section 119.07 of the Revised Code, the | 63908 |
| state agency shall conduct the hearing to determine the legal and | 63909 |
| factual validity of the overpayment. On completion of the hearing, | 63910 |
| the state agency shall submit its hearing officer's report and | 63911 |
| recommendation and the complete record of proceedings, including | 63912 |
| all transcripts, to the director of job and family services for | 63913 |
| final adjudication. The director may issue a final adjudication | 63914 |
| order in accordance with Chapter 119. of the Revised Code. The | 63915 |
| state agency shall pay any attorney's fees imposed under section | 63916 |
| 119.092 of the Revised Code. The department of job and family | 63917 |
| services shall pay any attorney's fees imposed under section | 63918 |
| 2335.39 of the Revised Code. | 63919 |
| (D) In any action taken by a state agency under this section | 63920 |
| that requires the agency to give notice of an opportunity for a | 63921 |
| hearing in accordance with Chapter 119. of the Revised Code, if | 63922 |
| the agency gives notice of the opportunity for a hearing but the | 63923 |
| provider subject to the notice does not request a hearing or | 63924 |
| timely request a hearing in accordance with section 119.07 of the | 63925 |
| Revised Code, the agency is not required to hold a hearing. The | 63926 |
| agency may request that the director of job and family services | 63927 |
| issue a final adjudication order in accordance with Chapter 119. | 63928 |
| of the Revised Code. | 63929 |
| (E) This section does not preclude the department of job and | 63930 |
| family services from adjudicating a final fiscal audit under | 63931 |
| section 5111.06 of the Revised Code, recovering overpayments under | 63932 |
| section 5111.061 of the Revised Code, or making findings or taking | 63933 |
| other actions authorized by this chapter. | 63934 |
| Sec. 5111.915. (A) The department of job and family services | 63935 |
| shall enter into an agreement with the department of | 63936 |
| administrative services for the department of administrative | 63937 |
| services to contract through competitive selection pursuant to | 63938 |
| section 125.07 of the Revised Code with a vendor to perform an | 63939 |
| assessment of the data collection and data warehouse functions of | 63940 |
| the medicaid data warehouse system, including the ability to link | 63941 |
| the data sets of all agencies serving medicaid recipients. | 63942 |
| The assessment of the data system shall include functions | 63943 |
| related to fraud and abuse detection, program management and | 63944 |
| budgeting, and performance measurement capabilities of all | 63945 |
| agencies serving medicaid recipients, including the departments of | 63946 |
| aging, alcohol and drug addiction services, health, job and family | 63947 |
| services, mental health, and mental retardation and developmental | 63948 |
| disabilities. | 63949 |
| The department of administrative services shall enter into | 63950 |
| this contract within thirty days after the effective date of this | 63951 |
| section. The contract shall require the vendor to complete the | 63952 |
| assessment within ninety days after the effective date of this | 63953 |
| section. | 63954 |
| A qualified vendor with whom the department of administrative | 63955 |
| services contracts to assess the data system shall also assist the | 63956 |
| medicaid agencies in the definition of the requirements for an | 63957 |
| enhanced data system or a new data system and assist the | 63958 |
| department of administrative services in the preparation of a | 63959 |
| request for proposal to enhance or develop a data system. | 63960 |
| (B) Based on the assessment performed pursuant to division | 63961 |
| (A) of this section, the department of administrative services | 63962 |
| shall seek a qualified vendor through competitive selection | 63963 |
| pursuant to section 125.07 of the Revised Code to develop or | 63964 |
| enhance a data collection and data warehouse system for the | 63965 |
| department of job and family services and all agencies serving | 63966 |
| medicaid recipients. | 63967 |
| Within ninety days after the effective date of this section, | 63968 |
| the department of job and family services shall seek enhanced | 63969 |
| federal funding for ninety per cent of the funds required to | 63970 |
| establish or enhance the data system. The department of | 63971 |
| administrative services shall not award a contract for | 63972 |
| establishing or enhancing the data system until the department of | 63973 |
| job and family services receives approval from the secretary of | 63974 |
| the United States department of health and human services for the | 63975 |
| ninety per cent federal match. | 63976 |
| | 63977 |
| section 5111.971 of the Revised Code, "nursing facility" has the | 63978 |
| same meaning as in section 5111.20 of the Revised Code. | 63979 |
| (B) To the extent funds are available, the director of job | 63980 |
| and family services may establish the Ohio access success project | 63981 |
| to help medicaid recipients make the transition from residing in a | 63982 |
| nursing facility to residing in a community setting. The program | 63983 |
| may be established as a separate non-medicaid program or | 63984 |
| integrated into a new or existing program of medicaid-funded home | 63985 |
| and community-based services authorized by a waiver approved by | 63986 |
| the United States department of health and human services. | 63987 |
| 63988 | |
| medicaid-funded nursing facility services to apply for | 63989 |
| participation in the program, but may limit the number of program | 63990 |
| participants.If an application is received before the applicant | 63991 |
| has been a recipient of medicaid-funded nursing facility services | 63992 |
| for six months, the director shall ensure that an assessment is | 63993 |
| conducted as soon as practicable to determine whether the | 63994 |
| applicant is eligible for participation in the program. To the | 63995 |
| maximum extent possible, the assessment and eligibility | 63996 |
| determination shall be completed not later than the date that | 63997 |
| occurs six months after the applicant became a recipient of | 63998 |
| medicaid-funded nursing facility services. | 63999 |
| (C) To be eligible for benefits under the project, a medicaid | 64000 |
| recipient must satisfy all of the following requirements: | 64001 |
| (1) Be a recipient of medicaid-funded nursing facility | 64002 |
| services, at the time of applying for the benefits; | 64003 |
| (2) | 64004 |
| 64005 | |
| 64006 |
| | 64007 |
| | 64008 |
| services to remain in the community with a projected cost not | 64009 |
| exceeding eighty per cent of the average monthly medicaid cost of | 64010 |
| a medicaid recipient in a nursing facility; | 64011 |
| | 64012 |
| a medicaid-funded home and community-based services waiver | 64013 |
| program, meet waiver enrollment criteria. | 64014 |
| | 64015 |
| project, the benefits provided under the project may include | 64016 |
| payment of all of the following: | 64017 |
| (1) The first month's rent in a community setting; | 64018 |
| (2) Rental deposits; | 64019 |
| (3) Utility deposits; | 64020 |
| (4) Moving expenses; | 64021 |
| (5) Other expenses not covered by the medicaid program that | 64022 |
| facilitate a medicaid recipient's move from a nursing facility to | 64023 |
| a community setting. | 64024 |
| | 64025 |
| program, no participant may receive more than two thousand dollars | 64026 |
| worth of benefits under the project. | 64027 |
| | 64028 |
| States secretary of health and human services pursuant to section | 64029 |
| 1915 of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. | 64030 |
| 1396n, as amended, to create a medicaid home and community-based | 64031 |
| services waiver program to serve individuals who meet the criteria | 64032 |
| for participation in the Ohio access success project. The director | 64033 |
| may adopt rules under Chapter 119. of the Revised Code for the | 64034 |
| administration and operation of the program. | 64035 |
| Sec. 5111.971. (A) As used in this section, "long-term | 64036 |
| medicaid waiver component" means any of the following: | 64037 |
| (1) The PASSPORT program created under section 173.40 of the | 64038 |
| Revised Code; | 64039 |
| (2) The medicaid waiver component called the choices program | 64040 |
| that the department of aging administers; | 64041 |
| (3) A medicaid waiver component that the department of job | 64042 |
| and family services administers. | 64043 |
| (B) The director of job and family services shall submit a | 64044 |
| request to the United States secretary of health and human | 64045 |
| services for a waiver of federal medicaid requirements that would | 64046 |
| be otherwise violated in the creation of a pilot program under | 64047 |
| which not more than two hundred individuals who meet the pilot | 64048 |
| program's eligibility requirements specified in division (D) of | 64049 |
| this section receive a spending authorization to pay for the cost | 64050 |
| of medically necessary health care services that the pilot program | 64051 |
| covers. The spending authorization shall be in an amount not | 64052 |
| exceeding seventy per cent of the average cost under the medicaid | 64053 |
| program for providing nursing facility services to an individual. | 64054 |
| An individual participating in the pilot program shall also | 64055 |
| receive necessary support services, including fiscal intermediary | 64056 |
| and other case management services, that the pilot program covers. | 64057 |
| (C) If the United States secretary of health and human | 64058 |
| services approves the waiver submitted under division (B) of this | 64059 |
| section, the department of job and family services shall enter | 64060 |
| into a contract with the department of aging under section 5111.91 | 64061 |
| of the Revised Code that provides for the department of aging to | 64062 |
| administer the pilot program that the waiver authorizes. | 64063 |
| (D) To be eligible to participate in the pilot program | 64064 |
| created under division (B) of this section, an individual must | 64065 |
| meet all of the following requirements: | 64066 |
| (1) Need an intermediate level of care as determined under | 64067 |
| rule 5101:3-3-06 of the Administrative Code; | 64068 |
| (2) At the time the individual applies to participate in the | 64069 |
| pilot program, be one of the following: | 64070 |
| (a) A nursing facility resident who is seeking to move to a | 64071 |
| residential care facility or county or district home and who would | 64072 |
| remain in a nursing facility if not for the pilot program; | 64073 |
| (b) A participant of any long-term medicaid waiver component | 64074 |
| who would move to a nursing facility if not for the pilot program. | 64075 |
| (3) Meet all other eligibility requirements for the pilot | 64076 |
| program established in rules adopted under section 5111.85 of the | 64077 |
| Revised Code. | 64078 |
| (E) The director of job and family services may adopt rules | 64079 |
| under section 5111.85 of the Revised Code as the director | 64080 |
| considers necessary to implement the pilot program created under | 64081 |
| division (B) of this section. The director of aging may adopt | 64082 |
| rules under Chapter 119. of the Revised Code as the director | 64083 |
| considers necessary for the pilot program's implementation. The | 64084 |
| rules may establish a list of medicaid-covered services not | 64085 |
| covered by the pilot program that an individual participating in | 64086 |
| the pilot program may not receive if the individual also receives | 64087 |
| medicaid-covered services outside of the pilot program. | 64088 |
| Sec. 5111.98. (A) The director of job and family services | 64089 |
| may do all of the following as necessary for the department of job | 64090 |
| and family services to fulfill the duties it has, as the single | 64091 |
| state agency for the medicaid program, under the "Medicare | 64092 |
| Prescription Drug, Improvement, and Modernization Act of 2003" | 64093 |
| Pub. L. No. 108-173, 117 Stat. 2066: | 64094 |
| (1) Adopt rules; | 64095 |
| (2) Assign duties to county departments of job and family | 64096 |
| services; | 64097 |
| (3) Make payments to the United States department of health | 64098 |
| and human services from appropriations made to the department of | 64099 |
| job and family services for this purpose. | 64100 |
| (B) Rules adopted under division (A)(1) of this section shall | 64101 |
| be adopted as follows: | 64102 |
| (1) If the rules concern the department's duties regarding | 64103 |
| service providers, in accordance with Chapter 119. of the Revised | 64104 |
| Code; | 64105 |
| (2) If the rules concern the department's duties concerning | 64106 |
| individuals' eligibility for services, in accordance with section | 64107 |
| 111.15 of the Revised Code; | 64108 |
| (3) If the rules concern the department's duties concerning | 64109 |
| financial and operational matters between the department and | 64110 |
| county departments of job and family services, in accordance with | 64111 |
| section 111.15 of the Revised Code as if the rules were internal | 64112 |
| management rules. | 64113 |
| Sec. 5111.99. (A) Whoever violates division (B) of section | 64114 |
|
5111.26 or
division | 64115 |
| shall be fined not less than five hundred dollars nor more than | 64116 |
| one thousand dollars for the first offense and not less than one | 64117 |
| thousand dollars nor more than five thousand dollars for each | 64118 |
| subsequent offense. Fines paid under this section shall be | 64119 |
| deposited in the state treasury to the credit of the general | 64120 |
| revenue fund. | 64121 |
| (B) Whoever violates division (D) of section 5111.61 of the | 64122 |
| Revised Code is guilty of registering a false complaint, a | 64123 |
| misdemeanor of the first degree. | 64124 |
| Sec. 5112.03. (A) The director of job and family services | 64125 |
| shall adopt, and may amend and rescind, rules in accordance with | 64126 |
| Chapter 119. of the Revised Code for the purpose of administering | 64127 |
| sections 5112.01 to 5112.21 of the Revised Code, including rules | 64128 |
| that do all of the following: | 64129 |
| (1) Define as a "disproportionate share hospital" any | 64130 |
| hospital included under subsection (b) of section 1923 of the | 64131 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. | 64132 |
| 1396r-4(b), as amended, and any other hospital the director | 64133 |
| determines appropriate; | 64134 |
| (2) Prescribe the form for submission of cost reports under | 64135 |
| section 5112.04 of the Revised Code; | 64136 |
| (3) Establish, in accordance with division (A) of section | 64137 |
| 5112.06 of the Revised Code, the assessment rate or rates to be | 64138 |
| applied to hospitals under that section; | 64139 |
| (4) Establish schedules for hospitals to pay installments on | 64140 |
| their assessments under section 5112.06 of the Revised Code and | 64141 |
| for governmental hospitals to pay installments on their | 64142 |
| intergovernmental transfers under section 5112.07 of the Revised | 64143 |
| Code; | 64144 |
| (5) Establish procedures to notify hospitals of adjustments | 64145 |
| made under division (B)(2)(b) of section 5112.06 of the Revised | 64146 |
| Code in the amount of installments on their assessment; | 64147 |
| (6) Establish procedures to notify hospitals of adjustments | 64148 |
| made under division (D) of section 5112.09 of the Revised Code in | 64149 |
| the total amount of their assessment and to adjust for the | 64150 |
| remainder of the program year the amount of the installments on | 64151 |
| the assessments; | 64152 |
| (7) Establish, in accordance with section 5112.08 of the | 64153 |
| Revised Code, the methodology for paying hospitals under that | 64154 |
| section. | 64155 |
| The director shall consult with hospitals when adopting the | 64156 |
| rules required by divisions (A)(4) and (5) of this section in | 64157 |
| order to minimize hospitals' cash flow difficulties. | 64158 |
| (B) Rules adopted under this section may provide that "total | 64159 |
| facility costs" excludes costs associated with any of the | 64160 |
| following: | 64161 |
| (1) Recipients of the medical assistance program; | 64162 |
| (2) Recipients of financial assistance provided under Chapter | 64163 |
| 5115. of the Revised Code; | 64164 |
| (3) | 64165 |
| 64166 |
| | 64167 |
| children established under section 3701.023 of the Revised Code; | 64168 |
| | 64169 |
| Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 | 64170 |
| U.S.C.A. 301, as amended: | 64171 |
| | 64172 |
| | 64173 |
| director in accordance with Title XIX of the "Social Security Act" | 64174 |
| and the rules adopted under that title. | 64175 |
| Sec. 5112.08. The director of job and family services shall | 64176 |
| adopt rules under section 5112.03 of the Revised Code establishing | 64177 |
| a methodology to pay hospitals that is sufficient to expend all | 64178 |
| money in the indigent care pool. Under the rules: | 64179 |
| (A) The department of job and family services may classify | 64180 |
| similar hospitals into groups and allocate funds for distribution | 64181 |
| within each group. | 64182 |
| (B) The department shall establish a method of allocating | 64183 |
| funds to hospitals, taking into consideration the relative amount | 64184 |
| of indigent care provided by each hospital or group of hospitals. | 64185 |
| The amount to be allocated shall be based on any combination of | 64186 |
| the following indicators of indigent care that the director | 64187 |
| considers appropriate: | 64188 |
| (1) Total costs, volume, or proportion of services to | 64189 |
| recipients of the medical assistance program, including recipients | 64190 |
| enrolled in health insuring corporations; | 64191 |
| (2) Total costs, volume, or proportion of services to | 64192 |
| low-income patients in addition to recipients of the medical | 64193 |
| assistance program, which may include recipients of Title V of the | 64194 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 64195 |
|
amended,
| 64196 |
| assistance provided under Chapter 5115. of the Revised Code, and | 64197 |
| recipients of disability medical assistance formerly provided | 64198 |
| under Chapter 5115. of the Revised Code; | 64199 |
| (3) The amount of uncompensated care provided by the hospital | 64200 |
| or group of hospitals; | 64201 |
| (4) Other factors that the director considers to be | 64202 |
| appropriate indicators of indigent care. | 64203 |
| (C) The department shall distribute funds to each hospital or | 64204 |
| group of hospitals in a manner that first may provide for an | 64205 |
| additional distribution to individual hospitals that provide a | 64206 |
| high proportion of indigent care in relation to the total care | 64207 |
| provided by the hospital or in relation to other hospitals. The | 64208 |
| department shall establish a formula to distribute the remainder | 64209 |
| of the funds. The formula shall be consistent with section 1923 of | 64210 |
| the "Social Security Act," 42 U.S.C.A. 1396r-4, as amended, shall | 64211 |
| be based on any combination of the indicators of indigent care | 64212 |
| listed in division (B) of this section that the director considers | 64213 |
| appropriate. | 64214 |
| (D) The department shall distribute funds to each hospital in | 64215 |
| installments not later than ten working days after the deadline | 64216 |
| established in rules for each hospital to pay an installment on | 64217 |
| its assessment under section 5112.06 of the Revised Code. In the | 64218 |
| case of a governmental hospital that makes intergovernmental | 64219 |
| transfers, the department shall pay an installment under this | 64220 |
| section not later than ten working days after the earlier of that | 64221 |
| deadline or the deadline established in rules for the governmental | 64222 |
| hospital to pay an installment on its intergovernmental transfer. | 64223 |
| If the amount in the hospital care assurance program fund and the | 64224 |
| hospital care assurance match fund created under section 5112.18 | 64225 |
| of the Revised Code is insufficient to make the total | 64226 |
| distributions for which hospitals are eligible to receive in any | 64227 |
| period, the department shall reduce the amount of each | 64228 |
| distribution by the percentage by which the amount is | 64229 |
| insufficient. The department shall distribute to hospitals any | 64230 |
| amounts not distributed in the period in which they are due as | 64231 |
| soon as moneys are available in the funds. | 64232 |
| Sec. 5112.17. (A) As used in this section: | 64233 |
| (1) "Federal poverty guideline" means the official poverty | 64234 |
| guideline as revised annually by the United States secretary of | 64235 |
| health and human services in accordance with section 673 of the | 64236 |
| "Community Service Block Grant Act," 95 Stat. 511 (1981), 42 | 64237 |
| U.S.C.A. 9902, as amended, for a family size equal to the size of | 64238 |
| the family of the person whose income is being determined. | 64239 |
| (2) "Third-party payer" means any private or public entity or | 64240 |
| program that may be liable by law or contract to make payment to | 64241 |
| or on behalf of an individual for health care services. | 64242 |
| "Third-party payer" does not include a hospital. | 64243 |
| (B) Each hospital that receives funds distributed under | 64244 |
| sections 5112.01 to 5112.21 of the Revised Code shall provide, | 64245 |
| without charge to the individual, basic, medically necessary | 64246 |
| hospital-level services to individuals who are residents of this | 64247 |
| state, are not recipients of the medical assistance program, and | 64248 |
| whose income is at or below the federal poverty guideline. | 64249 |
|
Recipients of disability financial
assistance | 64250 |
| 64251 | |
| Revised Code qualify for services under this section. The director | 64252 |
| of job and family services shall adopt rules under section 5112.03 | 64253 |
| of the Revised Code specifying the hospital services to be | 64254 |
| provided under this section. | 64255 |
| (C) Nothing in this section shall be construed to prevent a | 64256 |
| hospital from requiring an individual to apply for eligibility | 64257 |
| under the medical assistance program before the hospital processes | 64258 |
| an application under this section. Hospitals may bill any | 64259 |
| third-party payer for services rendered under this section. | 64260 |
| Hospitals may bill the medical assistance program, in accordance | 64261 |
| with Chapter 5111. of the Revised Code and the rules adopted under | 64262 |
| that chapter, for services rendered under this section if the | 64263 |
| individual becomes a recipient of the program. Hospitals may bill | 64264 |
| individuals for services under this section if all of the | 64265 |
| following apply: | 64266 |
| (1) The hospital has an established post-billing procedure | 64267 |
| for determining the individual's income and canceling the charges | 64268 |
| if the individual is found to qualify for services under this | 64269 |
| section. | 64270 |
| (2) The initial bill, and at least the first follow-up bill, | 64271 |
| is accompanied by a written statement that does all of the | 64272 |
| following: | 64273 |
| (a) Explains that individuals with income at or below the | 64274 |
| federal poverty guideline are eligible for services without | 64275 |
| charge; | 64276 |
| (b) Specifies the federal poverty guideline for individuals | 64277 |
| and families of various sizes at the time the bill is sent; | 64278 |
| (c) Describes the procedure required by division (C)(1) of | 64279 |
| this section. | 64280 |
| (3) The hospital complies with any additional rules the | 64281 |
| department adopts under section 5112.03 of the Revised Code. | 64282 |
| Notwithstanding division (B) of this section, a hospital | 64283 |
| providing care to an individual under this section is subrogated | 64284 |
| to the rights of any individual to receive compensation or | 64285 |
| benefits from any person or governmental entity for the hospital | 64286 |
| goods and services rendered. | 64287 |
| (D) Each hospital shall collect and report to the department, | 64288 |
| in the form and manner prescribed by the department, information | 64289 |
| on the number and identity of patients served pursuant to this | 64290 |
| section. | 64291 |
| (E) This section applies beginning May 22, 1992, regardless | 64292 |
| of whether the department has adopted rules specifying the | 64293 |
| services to be provided. Nothing in this section alters the scope | 64294 |
| or limits the obligation of any governmental entity or program, | 64295 |
| including the program awarding reparations to victims of crime | 64296 |
| under sections 2743.51 to 2743.72 of the Revised Code and the | 64297 |
| program for medically handicapped children established under | 64298 |
| section 3701.023 of the Revised Code, to pay for hospital services | 64299 |
| in accordance with state or local law. | 64300 |
| Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the | 64301 |
|
Revised Code | 64302 |
| (A) "Intermediate care facility for the mentally retarded" | 64303 |
| has the same meaning as in section 5111.20 of the Revised Code, | 64304 |
| except that it does not include any such facility operated by the | 64305 |
| department of mental retardation and developmental disabilities. | 64306 |
| (B) "Medicaid" has the same meaning as in section 5111.01 of | 64307 |
| the Revised Code. | 64308 |
| Sec. 5112.31. The department of job and family services | 64309 |
| shall do all of the following: | 64310 |
| (A) For the purpose of providing home and community-based | 64311 |
| services for mentally retarded and developmentally disabled | 64312 |
| persons, annually assess each intermediate care facility for the | 64313 |
| mentally retarded a franchise permit fee equal to nine dollars and | 64314 |
| sixty-three cents multiplied by the product of the following: | 64315 |
| (1) The number of beds certified under Title XIX of the | 64316 |
| "Social Security Act" on the first day of May of the calendar year | 64317 |
| in which the assessment is determined pursuant to division (A) of | 64318 |
| section 5112.33 of the Revised Code; | 64319 |
| (2) The number of days in the fiscal year beginning on the | 64320 |
| first day of July of the same calendar year. | 64321 |
| (B) Beginning July 1, | 64322 |
| July thereafter, adjust fees determined under division (A) of this | 64323 |
| section in accordance with the composite inflation factor | 64324 |
| established in rules adopted under section 5112.39 of the Revised | 64325 |
| Code. | 64326 |
| (C) If the United States secretary of health and human | 64327 |
| services determines that the franchise permit fee established by | 64328 |
| sections 5112.30 to 5112.39 of the Revised Code would be an | 64329 |
| impermissible health care-related tax under section 1903(w) of the | 64330 |
| "Social
Security Act," 42 U.S.C.A. 1396b(w), as amended, | 64331 |
| 64332 | |
| implementation of those sections in accordance with rules adopted | 64333 |
| under section 5112.39 of the Revised Code. | 64334 |
| Sec. 5112.341. (A) In addition to assessing a penalty | 64335 |
| pursuant to section 5112.34 of the Revised Code, the department of | 64336 |
| job and family services may do either of the following if an | 64337 |
| intermediate care facility for the mentally retarded fails to pay | 64338 |
| the full amount of a franchise permit fee installment when due: | 64339 |
| (1) Withhold an amount equal to the installment and penalty | 64340 |
| assessed under section 5112.34 of the Revised Code from a medicaid | 64341 |
| payment due the facility until the facility pays the installment | 64342 |
| and penalty; | 64343 |
| (2) Terminate the facility's medicaid provider agreement. | 64344 |
| (B) The department may withhold a medicaid payment under | 64345 |
| division (A)(1) of this section without providing notice to the | 64346 |
| intermediate care facility for the mentally retarded and without | 64347 |
| conducting an adjudication under Chapter 119. of the Revised Code. | 64348 |
| Sec. 5115.20. (A) The department of job and family services | 64349 |
| shall establish a disability advocacy program and each county | 64350 |
| department of job and family services shall establish a disability | 64351 |
| advocacy program unit or join with other county departments of job | 64352 |
| and family services to establish a joint county disability | 64353 |
| advocacy program unit. Through the program the department and | 64354 |
| county departments shall cooperate in efforts to assist applicants | 64355 |
| for and recipients of assistance under the disability financial | 64356 |
| assistance program | 64357 |
| who might be eligible for supplemental security income benefits | 64358 |
| under Title XVI of the "Social Security Act," 86 Stat. 1475 | 64359 |
| (1972), 42 U.S.C.A. 1383, as amended, in applying for those | 64360 |
| benefits. | 64361 |
| As part of their disability advocacy programs, the state | 64362 |
| department and county departments may enter into contracts for the | 64363 |
| services of persons and government entities that in the judgment | 64364 |
| of the department or county department have demonstrated expertise | 64365 |
| in representing persons seeking supplemental security income | 64366 |
| benefits. Each contract shall require the person or entity with | 64367 |
| which a department contracts to assess each person referred to it | 64368 |
| by the department to determine whether the person appears to be | 64369 |
| eligible for supplemental security income benefits, and, if the | 64370 |
| person appears to be eligible, assist the person in applying and | 64371 |
| represent the person in any proceeding of the social security | 64372 |
| administration, including any appeal or reconsideration of a | 64373 |
| denial of benefits. The department or county department shall | 64374 |
| provide to the person or entity with which it contracts all | 64375 |
| records in its possession relevant to the application for | 64376 |
| supplemental security income benefits. The department shall | 64377 |
| require a county department with relevant records to submit them | 64378 |
| to the person or entity. | 64379 |
| (B) Each applicant for or recipient of disability financial | 64380 |
| assistance | 64381 |
| of the department or a county department might be eligible for | 64382 |
| supplemental security benefits, shall, as a condition of | 64383 |
| eligibility for assistance, apply for such benefits if directed to | 64384 |
| do so by the department or county department. | 64385 |
| (C) With regard to applicants for and recipients of | 64386 |
| disability financial assistance | 64387 |
| each county department of job and family services shall do all of | 64388 |
| the following: | 64389 |
| (1) Identify applicants and recipients who might be eligible | 64390 |
| for supplemental security income benefits; | 64391 |
| (2) Assist applicants and recipients in securing | 64392 |
| documentation of disabling conditions or refer them for such | 64393 |
| assistance to a person or government entity with which the | 64394 |
| department or county department has contracted under division (A) | 64395 |
| of this section; | 64396 |
| (3) Inform applicants and recipients of available sources of | 64397 |
| representation, which may include a person or government entity | 64398 |
| with which the department or county department has contracted | 64399 |
| under division (A) of this section, and of their right to | 64400 |
| represent themselves in reconsiderations and appeals of social | 64401 |
| security administration decisions that deny them supplemental | 64402 |
| security income benefits. The county department may require the | 64403 |
| applicants and recipients, as a condition of eligibility for | 64404 |
| assistance, to pursue reconsiderations and appeals of social | 64405 |
| security administration decisions that deny them supplemental | 64406 |
| security income benefits, and shall assist applicants and | 64407 |
| recipients as necessary to obtain such benefits or refer them to a | 64408 |
| person or government entity with which the department or county | 64409 |
| department has contracted under division (A) of this section. | 64410 |
| (4) Require applicants and recipients who, in the judgment of | 64411 |
| the county department, are or may be aged, blind, or disabled, to | 64412 |
| apply for medical assistance under Chapter 5111. of the Revised | 64413 |
| Code, make determinations when appropriate as to eligibility for | 64414 |
| medical assistance, and refer their applications when necessary to | 64415 |
| the disability determination unit established in accordance with | 64416 |
| division (F) of this section for expedited review; | 64417 |
| (5) Require each applicant and recipient who in the judgment | 64418 |
| of the department or the county department might be eligible for | 64419 |
| supplemental security income benefits, as a condition of | 64420 |
| eligibility for disability financial assistance | 64421 |
| 64422 | |
| secretary of health and human services to withhold benefits due | 64423 |
| that individual and pay to the director of job and family services | 64424 |
| or the director's designee an amount sufficient to reimburse the | 64425 |
| state and county shares of interim assistance furnished to the | 64426 |
| individual. For the purposes of division (C)(5) of this section, | 64427 |
| "benefits" and "interim assistance" have the meanings given in | 64428 |
| Title XVI of the "Social Security Act." | 64429 |
| (D) The director of job and family services shall adopt rules | 64430 |
| in accordance with section 111.15 of the Revised Code for the | 64431 |
| effective administration of the disability advocacy program. The | 64432 |
| rules shall include all of the following: | 64433 |
| (1) Methods to be used in collecting information from and | 64434 |
| disseminating it to county departments, including the following: | 64435 |
| (a) The number of individuals in the county who are disabled | 64436 |
| recipients of disability financial assistance | 64437 |
| 64438 |
| (b) The final decision made either by the social security | 64439 |
| administration or by a court for each application or | 64440 |
| reconsideration in which an individual was assisted pursuant to | 64441 |
| this section. | 64442 |
| (2) The type and process of training to be provided by the | 64443 |
| department of job and family services to the employees of the | 64444 |
| county department of job and family services who perform duties | 64445 |
| under this section; | 64446 |
| (3) Requirements for the written authorization required by | 64447 |
| division (C)(5) of this section. | 64448 |
| (E) The department shall provide basic and continuing | 64449 |
| training to employees of the county department of job and family | 64450 |
| services who perform duties under this section. Training shall | 64451 |
| include but not be limited to all processes necessary to obtain | 64452 |
| federal disability benefits, and methods of advocacy. | 64453 |
| (F) The department shall establish a disability determination | 64454 |
| unit and develop guidelines for expediting reviews of applications | 64455 |
| for medical assistance under Chapter 5111. of the Revised Code for | 64456 |
| persons who have been referred to the unit under division (C)(4) | 64457 |
| of this section. The department shall make determinations of | 64458 |
| eligibility for medical assistance for any such person within the | 64459 |
| time prescribed by federal regulations. | 64460 |
| (G) The department may, under rules the director of job and | 64461 |
| family services adopts in accordance with section 111.15 of the | 64462 |
| Revised Code, pay a portion of the federal reimbursement described | 64463 |
| in division (C)(5) of this section to persons or government | 64464 |
| entities that assist or represent assistance recipients in | 64465 |
| reconsiderations and appeals of social security administration | 64466 |
| decisions denying them supplemental security income benefits. | 64467 |
| (H) The director shall conduct investigations to determine | 64468 |
| whether disability advocacy programs are being administered in | 64469 |
| compliance with the Revised Code and the rules adopted by the | 64470 |
| director pursuant to this section. | 64471 |
| Sec. 5115.22. (A) If a recipient of disability financial | 64472 |
| assistance | 64473 |
| whose income and resources are included in determining the | 64474 |
| recipient's eligibility for the assistance, becomes possessed of | 64475 |
| resources or income in excess of the amount allowed to retain | 64476 |
| eligibility, or if other changes occur that affect the recipient's | 64477 |
| eligibility or need for assistance, the recipient shall notify the | 64478 |
| state or county department of job and family services within the | 64479 |
| time limits specified in rules adopted by the director of job and | 64480 |
| family services in accordance with section 111.15 of the Revised | 64481 |
| Code. Failure of a recipient to report possession of excess | 64482 |
| resources or income or a change affecting eligibility or need | 64483 |
| within those time limits shall be considered prima-facie evidence | 64484 |
| of intent to defraud under section 5115.23 of the Revised Code. | 64485 |
| (B) As a condition of eligibility for disability financial | 64486 |
| assistance | 64487 |
| preventing or reducing the provision of assistance at public | 64488 |
| expense, each applicant for or recipient of the assistance shall | 64489 |
| make reasonable efforts to secure support from persons responsible | 64490 |
| for the applicant's or recipient's support, and from other | 64491 |
| sources, including any federal program designed to provide | 64492 |
| assistance to individuals with disabilities. The state or county | 64493 |
| department of job and family services may provide assistance to | 64494 |
| the applicant or recipient in securing other forms of financial | 64495 |
| assistance. | 64496 |
| Sec. 5115.23. As used in this section, "erroneous payments" | 64497 |
| means disability financial assistance payments | 64498 |
| 64499 | |
| to receive them, including payments made as a result of | 64500 |
| misrepresentation or fraud, and payments made due to an error by | 64501 |
| the recipient or by the county department of job and family | 64502 |
| services that made the payment. | 64503 |
| The department of job and family services shall adopt rules | 64504 |
| in accordance with section 111.15 of the Revised Code specifying | 64505 |
| the circumstances under which action is to be taken under this | 64506 |
| section to recover erroneous payments. The department, or a county | 64507 |
| department of job and family services at the request of the | 64508 |
| department, shall take action to recover erroneous payments in the | 64509 |
| circumstances specified in the rules. The department or county | 64510 |
| department may institute a civil action to recover erroneous | 64511 |
| payments. | 64512 |
| Whenever disability financial assistance | 64513 |
| 64514 | |
| support another person is responsible, the other person shall, in | 64515 |
| addition to the liability otherwise imposed, as a consequence of | 64516 |
| failure to support the recipient, be liable for all assistance | 64517 |
| furnished the recipient. The value of the assistance so furnished | 64518 |
| may be recovered in a civil action brought by the county | 64519 |
| department of job and family services. | 64520 |
| Each county department of job and family services shall | 64521 |
| retain fifty per cent of the erroneous payments it recovers under | 64522 |
| this section. The department of job and family services shall | 64523 |
| receive the remaining fifty per cent. | 64524 |
| Sec. 5119.61. Any provision in this chapter that refers to a | 64525 |
| board of alcohol, drug addiction, and mental health services also | 64526 |
| refers to the community mental health board in an alcohol, drug | 64527 |
| addiction, and mental health service district that has a community | 64528 |
| mental health board. | 64529 |
| The director of mental health with respect to all facilities | 64530 |
| and programs established and operated under Chapter 340. of the | 64531 |
| Revised Code for mentally ill and emotionally disturbed persons, | 64532 |
| shall do all of the following: | 64533 |
| (A) Adopt rules pursuant to Chapter 119. of the Revised Code | 64534 |
| that may be necessary to carry out the purposes of Chapter 340. | 64535 |
| and sections 5119.61 to 5119.63 of the Revised Code. | 64536 |
| (1) The rules shall include all of the following: | 64537 |
| (a) Rules governing a community mental health agency's | 64538 |
| services under section 340.091 of the Revised Code to an | 64539 |
| individual referred to the agency under division (C)(2) of section | 64540 |
| 173.35 of the Revised Code; | 64541 |
| (b) For the purpose of division (A)(16) of section 340.03 of | 64542 |
| the Revised Code, rules governing the duties of mental health | 64543 |
| agencies and boards of alcohol, drug addiction, and mental health | 64544 |
| services under section 3722.18 of the Revised Code regarding | 64545 |
| referrals of individuals with mental illness or severe mental | 64546 |
| disability to adult care facilities and effective arrangements for | 64547 |
| ongoing mental health services for the individuals. The rules | 64548 |
| shall do at least the following: | 64549 |
| (i) Provide for agencies and boards to participate fully in | 64550 |
| the procedures owners and managers of adult care facilities must | 64551 |
| follow under division (A)(2) of section 3722.18 of the Revised | 64552 |
| Code; | 64553 |
| (ii) Specify the manner in which boards are accountable for | 64554 |
| ensuring that ongoing mental health services are effectively | 64555 |
| arranged for individuals with mental illness or severe mental | 64556 |
| disability who are referred by the board or mental health agency | 64557 |
| under contract with the board to an adult care facility. | 64558 |
| (c) Rules governing a board of alcohol, drug addiction, and | 64559 |
| mental health services when making a report to the director of | 64560 |
| health under section 3722.17 of the Revised Code regarding the | 64561 |
| quality of care and services provided by an adult care facility to | 64562 |
| a person with mental illness or a severe mental disability. | 64563 |
| (2) Rules may be adopted to govern the method of paying a | 64564 |
|
community
mental health facility, as defined in
section | 64565 |
| 5111.023 of the Revised Code, for providing services listed in | 64566 |
| division (B) of that section. Such rules must be consistent with | 64567 |
| the contract entered into between the departments of job and | 64568 |
| family services and mental health under section 5111.91 of the | 64569 |
| Revised Code and include requirements ensuring appropriate service | 64570 |
| utilization. | 64571 |
| (B) Review and evaluate, and, taking into account the | 64572 |
| findings and recommendations of the board of alcohol, drug | 64573 |
| addiction, and mental health services of the district served by | 64574 |
| the program and the requirements and priorities of the state | 64575 |
| mental health plan, including the needs of residents of the | 64576 |
| district now residing in state mental institutions, approve and | 64577 |
| allocate funds to support community programs, and make | 64578 |
| recommendations for needed improvements to boards of alcohol, drug | 64579 |
| addiction, and mental health services; | 64580 |
| (C) Withhold state and federal funds for any program, in | 64581 |
| whole or in part, from a board of alcohol, drug addiction, and | 64582 |
| mental health services in the event of failure of that program to | 64583 |
| comply with Chapter 340. or section 5119.61, 5119.611, 5119.612, | 64584 |
| or 5119.62 of the Revised Code or rules of the department of | 64585 |
| mental health. The director shall identify the areas of | 64586 |
| noncompliance and the action necessary to achieve compliance. The | 64587 |
| director shall offer technical assistance to the board to achieve | 64588 |
| compliance. The director shall give the board a reasonable time | 64589 |
| within which to comply or to present its position that it is in | 64590 |
| compliance. Before withholding funds, a hearing shall be conducted | 64591 |
| to determine if there are continuing violations and that either | 64592 |
| assistance is rejected or the board is unable to achieve | 64593 |
| compliance. Subsequent to the hearing process, if it is determined | 64594 |
| that compliance has not been achieved, the director may allocate | 64595 |
| all or part of the withheld funds to a public or private agency to | 64596 |
| provide the services not in compliance until the time that there | 64597 |
| is compliance. The director shall establish rules pursuant to | 64598 |
| Chapter 119. of the Revised Code to implement this division. | 64599 |
| (D) Withhold state or federal funds from a board of alcohol, | 64600 |
| drug addiction, and mental health services that denies available | 64601 |
| service on the basis of religion, race, color, creed, sex, | 64602 |
| national origin, age, disability as defined in section 4112.01 of | 64603 |
| the Revised Code, developmental disability, or the inability to | 64604 |
| pay; | 64605 |
| (E) Provide consultative services to community mental health | 64606 |
| agencies with the knowledge and cooperation of the board of | 64607 |
| alcohol, drug addiction, and mental health services; | 64608 |
| (F) Provide to boards of alcohol, drug addiction, and mental | 64609 |
| health services state or federal funds, in addition to those | 64610 |
| allocated under section 5119.62 of the Revised Code, for special | 64611 |
| programs or projects the director considers necessary but for | 64612 |
| which local funds are not available; | 64613 |
| (G) Establish criteria by which a board of alcohol, drug | 64614 |
| addiction, and mental health services reviews and evaluates the | 64615 |
| quality, effectiveness, and efficiency of services provided | 64616 |
| through its community mental health plan. The criteria shall | 64617 |
| include requirements ensuring appropriate service utilization. The | 64618 |
| department shall assess a board's evaluation of services and the | 64619 |
| compliance of each board with this section, Chapter 340. or | 64620 |
| section 5119.62 of the Revised Code, and other state or federal | 64621 |
| law and regulations. The department, in cooperation with the | 64622 |
| board, periodically shall review and evaluate the quality, | 64623 |
| effectiveness, and efficiency of services provided through each | 64624 |
| board. The department shall collect information that is necessary | 64625 |
| to perform these functions. | 64626 |
| (H) Develop and operate a community mental health information | 64627 |
| system. | 64628 |
| Boards of alcohol, drug abuse, and mental health services | 64629 |
| shall submit information requested by the department in the form | 64630 |
| and manner prescribed by the department. Information collected by | 64631 |
| the department shall include, but not be limited to, all of the | 64632 |
| following: | 64633 |
| (1) Information regarding units of services provided in whole | 64634 |
| or in part under contract with a board, including diagnosis and | 64635 |
| special needs, demographic information, the number of units of | 64636 |
| service provided, past treatment, financial status, and service | 64637 |
| dates in accordance with rules adopted by the department in | 64638 |
| accordance with Chapter 119. of the Revised Code; | 64639 |
| (2) Financial information other than price or price-related | 64640 |
| data regarding expenditures of boards and community mental health | 64641 |
| agencies, including units of service provided, budgeted and actual | 64642 |
| expenses by type, and sources of funds. | 64643 |
| Boards shall submit the information specified in division | 64644 |
| (H)(1) of this section no less frequently than annually for each | 64645 |
| client, and each time the client's case is opened or closed. The | 64646 |
| department shall not collect any information for the purpose of | 64647 |
| identifying by name any person who receives a service through a | 64648 |
| board of alcohol, drug addiction, and mental health services, | 64649 |
| except as required by state or federal law to validate appropriate | 64650 |
| reimbursement. For the purposes of division (H)(1) of this | 64651 |
| section, the department shall use an identification system that is | 64652 |
| consistent with applicable nationally recognized standards. | 64653 |
| (I) Review each board's community mental health plan | 64654 |
| submitted pursuant to section 340.03 of the Revised Code and | 64655 |
| approve or disapprove it in whole or in part. Periodically, in | 64656 |
| consultation with representatives of boards and after considering | 64657 |
| the recommendations of the medical director, the director shall | 64658 |
| issue criteria for determining when a plan is complete, criteria | 64659 |
| for plan approval or disapproval, and provisions for conditional | 64660 |
| approval. The factors that the director considers may include, but | 64661 |
| are not limited to, the following: | 64662 |
| (1) The mental health needs of all persons residing within | 64663 |
| the board's service district, especially severely mentally | 64664 |
| disabled children, adolescents, and adults; | 64665 |
| (2) The demonstrated quality, effectiveness, efficiency, and | 64666 |
| cultural relevance of the services provided in each service | 64667 |
| district, the extent to which any services are duplicative of | 64668 |
| other available services, and whether the services meet the needs | 64669 |
| identified above; | 64670 |
| (3) The adequacy of the board's accounting for the | 64671 |
| expenditure of funds. | 64672 |
| If the director disapproves all or part of any plan, the | 64673 |
| director shall provide the board an opportunity to present its | 64674 |
| position. The director shall inform the board of the reasons for | 64675 |
| the disapproval and of the criteria that must be met before the | 64676 |
| plan may be approved. The director shall give the board a | 64677 |
| reasonable time within which to meet the criteria, and shall offer | 64678 |
| technical assistance to the board to help it meet the criteria. | 64679 |
| If the approval of a plan remains in dispute thirty days | 64680 |
| prior to the conclusion of the fiscal year in which the board's | 64681 |
| current plan is scheduled to expire, the board or the director may | 64682 |
| request that the dispute be submitted to a mutually agreed upon | 64683 |
| third-party mediator with the cost to be shared by the board and | 64684 |
| the department. The mediator shall issue to the board and the | 64685 |
| department recommendations for resolution of the dispute. Prior to | 64686 |
| the conclusion of the fiscal year in which the current plan is | 64687 |
| scheduled to expire, the director, taking into consideration the | 64688 |
| recommendations of the mediator, shall make a final determination | 64689 |
| and approve or disapprove the plan, in whole or in part. | 64690 |
| Sec. 5120.09. Under the supervision and control of the | 64691 |
| director of rehabilitation and correction, the division of | 64692 |
| business administration shall do all of the following: | 64693 |
| (A) Submit the budgets for the several divisions of the | 64694 |
| department of rehabilitation and correction, as prepared by the | 64695 |
| respective chiefs of those divisions, to the director. The | 64696 |
| director, with the assistance of the chief of the division of | 64697 |
| business administration, shall compile a departmental budget that | 64698 |
| contains all proposals submitted by the chiefs of the divisions | 64699 |
| and shall forward the departmental budget to the governor with | 64700 |
| comments and recommendations that the director considers | 64701 |
| necessary. | 64702 |
| (B) Maintain accounts and records and compile statistics that | 64703 |
| the director prescribes; | 64704 |
| (C) Under the control of the director, coordinate and make | 64705 |
| the necessary purchases and requisitions for the department and | 64706 |
| its divisions, except as provided under section 5119.16 of the | 64707 |
| Revised Code; | 64708 |
| (D) Administer within this state federal criminal justice | 64709 |
| acts that the governor requires the department to administer. In | 64710 |
| order to improve the criminal justice system of this state, the | 64711 |
| division of business administration shall apply for, allocate, | 64712 |
| disburse, and account for grants that are made available pursuant | 64713 |
| to those federal criminal justice acts and grants that are made | 64714 |
| available from other federal government sources, state government | 64715 |
| sources, or private sources. As used in this division, "criminal | 64716 |
| justice system" and "federal criminal justice acts" have the same | 64717 |
| meanings as in section | 64718 |
| (E) Audit the activities of governmental entities, persons as | 64719 |
| defined in section 1.59 of the Revised Code, and other types of | 64720 |
| nongovernmental entities that are financed in whole or in part by | 64721 |
| funds that the department allocates or disburses and that are | 64722 |
| derived from grants described in division (D) of this section; | 64723 |
| (F) Enter into contracts, including contracts with federal, | 64724 |
| state, or local governmental entities, persons as defined in | 64725 |
| section 1.59 of the Revised Code, foundations, and other types of | 64726 |
| nongovernmental entities, that are necessary for the department to | 64727 |
| carry out its duties and that neither the director nor another | 64728 |
| section of the Revised Code authorizes another division of the | 64729 |
| department to enter; | 64730 |
| (G) Exercise other powers and perform other duties that the | 64731 |
| director may assign to the division of business administration. | 64732 |
| Sec. 5120.51. (A)(1) If the director of rehabilitation and | 64733 |
| correction determines that a bill introduced in the general | 64734 |
| assembly is likely to have a significant impact on the population | 64735 |
| of, or the cost of operating, any or all state correctional | 64736 |
| institutions under the administration of the department of | 64737 |
| rehabilitation and correction, the department shall prepare a | 64738 |
| population and cost impact statement for the bill, in accordance | 64739 |
| with division (A)(2) of this section. | 64740 |
| (2) A population and cost impact statement required for a | 64741 |
|
bill
| 64742 |
| correctional institution population that likely would result if | 64743 |
| the bill were enacted, shall estimate, in dollars, the amount by | 64744 |
| which revenues or expenditures likely would increase or decrease | 64745 |
| if the bill were enacted, and briefly shall explain each of the | 64746 |
| estimates. | 64747 |
| A population and cost impact statement required for a bill | 64748 |
| initially shall be prepared after the bill is referred to a | 64749 |
| committee of the general assembly in the house of origination but | 64750 |
| before the meeting of the committee at which the committee is | 64751 |
| scheduled to vote on whether to recommend the bill for passage. A | 64752 |
| copy of the statement shall be distributed to each member of the | 64753 |
| committee that is considering the bill and to the member of the | 64754 |
| general assembly who introduced it. If the bill is recommended for | 64755 |
| passage by the committee, the department shall update the | 64756 |
| statement before the bill is taken up for final consideration by | 64757 |
| the house of origination. A copy of the updated statement shall be | 64758 |
| distributed to each member of that house and to the member of the | 64759 |
| general assembly who introduced the bill. If the bill is passed by | 64760 |
| the house of origination and is introduced in the second house, | 64761 |
| the provisions of this division concerning the preparation, | 64762 |
| updating, and distribution of the statement in the house of | 64763 |
| origination also apply in the second house. | 64764 |
| (B) The governor or any member of the general assembly, at | 64765 |
| any time, may request the department to prepare a population and | 64766 |
| cost impact statement for any bill introduced in the general | 64767 |
| assembly. Upon receipt of a request, the department promptly shall | 64768 |
| prepare a statement that includes the estimates and explanations | 64769 |
| described in division (A)(2) of this section and present a copy of | 64770 |
| it to the governor or member who made the request. | 64771 |
| (C) In the preparation of a population and cost impact | 64772 |
| statement required by division (A) or (B) of this section, the | 64773 |
| department shall use a technologically sophisticated system | 64774 |
| capable of estimating future state correctional institution | 64775 |
| populations. The system shall have the capability to adjust its | 64776 |
| estimates based on actual and proposed changes in sentencing laws | 64777 |
| and trends, sentence durations, parole rates, crime rates, and any | 64778 |
| other data that affect state correctional institution populations. | 64779 |
| The department, in conjunction with the advisory committee | 64780 |
| appointed under division (E) of this section, shall review and | 64781 |
| update the data used in the system, not less than once every six | 64782 |
| months, to improve the accuracy of the system. | 64783 |
| (D) At least once every six months, the department shall | 64784 |
| provide to the correctional institution inspection committee a | 64785 |
| copy of the estimates of state correctional institution | 64786 |
| populations obtained through use of the system described in | 64787 |
| division (C) of this section and a description of the assumptions | 64788 |
| regarding sentencing laws and trends, sentence durations, parole | 64789 |
| rates, crime rates, and other relevant data that were made by the | 64790 |
| department to obtain the estimates. Additionally, a copy of the | 64791 |
| estimates and a description of the assumptions made to obtain them | 64792 |
| shall be provided, upon reasonable request, to other legislative | 64793 |
| staff, including the staff of the legislative service commission | 64794 |
| 64795 | |
| 64796 | |
| 64797 | |
| public safety. | 64798 |
| (E) The correctional institution inspection committee shall | 64799 |
| appoint an advisory committee to review the operation of the | 64800 |
| system for estimating future state correctional institution | 64801 |
| populations that is used by the department in the preparation of | 64802 |
| population cost impact statements pursuant to this section and to | 64803 |
| join with the department in its reviews and updating of the data | 64804 |
| used in the system under division (C) of this section. The | 64805 |
| advisory committee shall be comprised of at least one prosecuting | 64806 |
| attorney, at least one common pleas court judge, at least one | 64807 |
| public defender, at least one person who is a member or staff | 64808 |
| employee of the committee, and at least one representative of the | 64809 |
| 64810 | |
| public safety. | 64811 |
| | 64812 |
| 5121.01 to 5121.21 of the Revised Code: | 64813 |
| (A) | 64814 |
| 64815 | |
| 64816 |
| | 64817 |
| 64818 | |
| 64819 |
| | 64820 |
| other facility pursuant to Chapter 5123. of the Revised Code who | 64821 |
| is under observation or receiving habilitation and care | 64822 |
| 64823 |
| | 64824 |
| 64825 | |
| 64826 | |
| 64827 | |
| 64828 |
| | 64829 |
| applicable to a
| 64830 |
| The cost for support of | 64831 |
|
in institutions under the jurisdiction of | 64832 |
| 64833 | |
| disabilities, and of residents in private facilities or homes | 64834 |
| whose care or treatment is being paid
for by the department | 64835 |
| 64836 | |
| on the average per
capita cost of the care and treatment of | 64837 |
| 64838 | |
| 64839 | |
| the projected
average daily per capita cost at the | 64840 |
| institution, or
at the discretion of the department | 64841 |
| 64842 | |
| subunit thereof in which services are provided. Such costs shall | 64843 |
| be computed at least annually for the next prospective period | 64844 |
| using generally accepted governmental accounting principles. The | 64845 |
| cost
of services for | 64846 |
| cared for and maintained in a private facility or home under the | 64847 |
|
supervision of the department | 64848 |
| 64849 | |
| purchase of services contract is being paid to the private | 64850 |
| facility or home by the department shall not be more than the per | 64851 |
| diem cost of the contract. The cost of services for a resident | 64852 |
| receiving pre-admission care, after-care, day-care, or routine | 64853 |
| consultation and treatment services in a community service unit | 64854 |
|
under the jurisdiction of the department | 64855 |
| basis of the average cost of such services at the institution at | 64856 |
| which they are provided. | 64857 |
| | 64858 |
| 64859 | |
| 64860 | |
| 64861 | |
| 64862 |
| The department shall annually determine the ability to pay of | 64863 |
| a
| 64864 |
| relatives and the amount that such person shall pay in accordance | 64865 |
| with section 5121.04 of the Revised Code. | 64866 |
| Collections of support payments shall be made by | 64867 |
| 64868 | |
| 64869 | |
| prior requirements for payment and crediting of such collections | 64870 |
| and other available receipts, in accordance with the bond | 64871 |
| proceedings applicable to obligations issued pursuant to section | 64872 |
| 154.20 of the Revised Code, such collections and other available | 64873 |
| receipts designated by | 64874 |
| 64875 | |
| and developmental disabilities for deposit in the special | 64876 |
| accounts, together with insurance contract payments provided for | 64877 |
| in division (B)(8) of section 5121.04 of the Revised Code, shall | 64878 |
| be remitted to the treasurer of state for deposit in the state | 64879 |
| treasury to the credit of | 64880 |
| mental retardation operating fund, which | 64881 |
| be used for the general purposes of | 64882 |
| 64883 | |
| 64884 | |
| 64885 | |
| 64886 | |
| 64887 | |
| from the mental retardation operating fund. | 64888 |
| | 64889 |
| individuals admitted to a | 64890 |
| by the department of mental retardation and developmental | 64891 |
| disabilities under section 5123.03 of the Revised Code shall be | 64892 |
| maintained at the expense of the state. Their traveling and | 64893 |
| incidental expenses in conveying them to the state institution | 64894 |
| shall be paid by the county of commitment. Upon admission, the | 64895 |
| 64896 | |
| clothed. Thereafter, the expense of necessary clothing shall be | 64897 |
| borne by the responsible relatives or guardian if they are | 64898 |
| financially able. If not furnished, the state shall bear the | 64899 |
| expense. Any required traveling expense after admission to the | 64900 |
| state institution shall be borne by the state if the responsible | 64901 |
| relatives or guardian are unable to do so. | 64902 |
| | 64903 |
|
institution under the jurisdiction of | 64904 |
| 64905 | |
| disabilities pursuant to judicial proceedings, the judge ordering | 64906 |
| such commitment shall: | 64907 |
| (A) Make a reliable report on the financial condition of such | 64908 |
| person and of each of the relatives of the person who are liable | 64909 |
| for | 64910 |
| the
Revised Code and rules and procedures | 64911 |
| 64912 | |
| retardation and developmental disabilities; | 64913 |
| (B) Certify to the managing officer of such institution, and | 64914 |
| the managing officer shall thereupon enter upon | 64915 |
| officer's records the name and address of any guardian appointed | 64916 |
| and of any relative liable for such person's support under section | 64917 |
| 5121.06 of the Revised Code. | 64918 |